No scope for hate crimes on basis of religion in secular country such as India: Supreme Court
New Delhi, Feb 6: The Supreme Court on Monday observed that there is a growing consensus around hate speech and stressed there is no scope for hate crimes on the basis of religion in a secular country such as India.
"There cannot be any compromise on hate speech at all," the top court said and added that it is only if the State acknowledges the problem of hate speech that a solution can be found.
It also said that it is the primary duty of the State to protect its citizens from any such hate crimes.
A bench of justices KM Joseph and BV Nagarathna said, "When action is not taken against hate crimes then an atmosphere is fostered which is very dangerous and it has to be rooted out from our lives. There cannot be any compromise on hate speech at all."
The top court was hearing a plea of a Muslim man who has alleged that he was assaulted and abused in the name of religion on July 4, 2021, by a "screwdriver gang" of criminals as he had boarded a car to go to Aligarh from Noida, and that the police has not bothered to register any complaint of hate crime.
The bench told Additional Solicitor General (ASG) KM Nataraj, appearing for the Uttar Pradesh government, that, "Nowadays there is a growing consensus around hate speech. There is no scope for hate crimes in the name of religion in a secular country like India. It has to be rooted out and it is the primary duty of the state to protect its citizens from any such crimes."
"If a person comes to the police and says that I was wearing a cap and my beard was pulled and abused in the name of religion and still no complaint is registered, then it is a problem," it said.
Justice Joseph said action of every state officer augments respect for the law. Otherwise, everyone will take the law into their own hands, he said.
The bench, which sat till 6 pm hearing the matter, said, "Will you not acknowledge that there is a hate crime and you will sweep it under the carpet? We are not saying anything adverse. We are only expressing our anguish. That is all."
Senior advocate Huzefa Ahmadi, appearing for the petitioner Kazeem Ahmad Sherwani, said it was on January 13 that this court had asked the state government to produce the case diary that police had registered the FIR after two years and that too with all bailable offences barring one.
Nataraj conceded that there were lapses on part of police officials and said that a special investigation team has been constituted headed by an ACP-rank officer and disciplinary action has been taken against erring police officials.
The bench said, "You set an example and let such people face consequences for dereliction of duty. It is only when you take action against such incidents that we will come at par with developed nations. Yes, there has been clear lapse and there is nothing wrong in admitting a mistake".
Nataraj said that on July 4, 2021, when the alleged incident had taken place, the victim had gone to a police outpost in Sector 37 in Noida where no senior police official but constables were present. Hence, no complaint was registered, he said.
"Then he went to the hospital in Jamia Nagar and gave a statement to the Delhi Police that he was robbed, assaulted and suffered injuries. No where he said that it was a case of hate crime or was assaulted because he was Muslim," Nataraj said.
Justice Nagarathna said, "At any point of time the victim cannot be met with disparaging remarks. Victim should not make it look as if he is a perpetrator of crime".
Justice Joseph said be in minority or majority, certain rights are inherent in human beings. "You are born into a family and raised in one. We have no choice on our religion, but we stand out as a nation. That's the beauty, the greatness of our nation. We have to understand this," he told Nataraj.
Justice Joseph referring to a recent incident in Rajasthan said a mute person was attacked but it was later found that the victim was Hindu. "If you ignore this (hate crime), then one day it will come for you," he said, adding that there is no doubt that some people have a communal attitude.
The ASG said that eight FIRs have been registered against the gang members and action has been taken against them.
The bench then asked when the first FIR was registered against the gang members and how many people were arrested and were they the same people, who attacked the victim and when were they bailed out.
Nataraj said he will file an affidavit giving details of all the FIRs but pointed out that the first FIR was registered in June 2021 against the "screwdriver gang" members and they have not discriminated in attacking Muslims or Hindus.
Advocate Ahmadi said it took two years to acknowledge that there was a criminal incident and in two affidavits filed by the Uttar Pradesh government, police have said that there was no hate crime.
"On July 5, 2021, a police patrol had come to my house and asked not to press for hate crime angle", he said, adding that the victim's beard was pulled and stripped and made fun of for being circumcised in a car.
The bench said that it cannot issue a pan-India direction on the victim's petition under Article 32, as it may not be a case symptomatic of what is happening across the country or otherwise it will flood the courts.
Nataraj said police has not denied that there was not a criminal incident but no where it was found that it was a hate crime and the victim has tried to take advantage of media hype and changed its statements.
The bench asked the Uttar Pradesh government to file a detailed affidavit and posted the matter for further hearing on March 3.
On October 21 last year, the apex court had asked Uttar Pradesh, Uttarakhand and Delhi to crack down hard on those making hate speeches, observing, "where have we reached in the name of religion, what have we reduced religion to is tragic".
Holding that the Constitution of India envisages a secular nation, the court had directed the three states to promptly register criminal cases against the offenders without waiting for a complaint to be filed.
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Iran offers to reopen Strait of Hormuz if US lifts its blockade and the war ends: officials
Cairo (AP): Iran has offered to end its chokehold on the Strait of Hormuz in exchange for the US lifting its blockade on the country and an end to the war, while proposing that discussions on the larger question of its nuclear programme would come in a later phase, two regional officials said Monday.
US President Donald Trump seems unlikely to accept the offer, which was passed to the Americans by Pakistan and would leave unresolved the disagreements that led the US and Israel to go to war on February 28.
With a fragile ceasefire in place, the US and Iran are locked in a standoff over the strait, through which a fifth of the world's traded oil and gas passes in peacetime. The US blockade is designed to prevent Iran from selling its oil, depriving it of crucial revenue while also potentially creating a situation where Tehran has to shut off production because it has nowhere to store the oil.
The strait's closure, meanwhile, has put pressure on Trump, as oil and gasoline prices have skyrocketed ahead of crucial midterm elections, and it has pressured his Gulf allies, which use the waterway to export their oil and gas.
The closure has also had far-reaching effects throughout the world economy, raising the price of fertilizer, food and other basic goods.
The proposal would push off negotiations on Iran's nuclear programme to a later date. Trump said one of the major reasons he went to war was to deny Iran the ability to develop nuclear weapons.
The two officials, who had knowledge of the proposal, spoke on condition of anonymity to discuss the closed-door negotiations between Iranian and Pakistani officials this weekend. The Axios news outlet first reported Iran's proposal.
It came as Iran's foreign minister visited Russia, which has long been a key backer of Tehran. It's unclear what, if any, assistance Moscow might offer now.
Strait of Hormuz remains blocked
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Iran's ability to choke off traffic in the Strait of Hormuz, the narrow mouth of the Persian Gulf, has proved one of its biggest strategic advantages in a war that has often boiled down to which side can take more pain.
Oil prices have risen steadily since the war began and tankers full of crude became stranded in the Persian Gulf, unable to safely transit through the strait and reach global distribution points.
On Monday, the spot price of Brent crude, the international standard, was trading at around $108 per barrel, nearly 50 per cent higher than when the war began.
Iranian foreign minister holds talks as negotiations with US stall
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Trump last week indefinitely extended the ceasefire the US and Iran agreed to on April 7 that has largely halted fighting. But a permanent settlement remains elusive in the war that has killed thousands of people.
Iran's state-run IRNA news agency said Foreign Minister Abbas Araghchi landed in St. Petersburg on Monday morning ahead of a meeting with Russian President Vladimir Putin.
“It is a good opportunity for us to consult with our Russian friends about the developments that have occurred in relation to the war during this period and what is happening now,” Araghchi said in a video interview posted by IRNA.
It comes as Pakistan has been seeking to revive stalled talks between Iran and the US, and negotiations had been expected in Islamabad over the weekend. Instead, Trump called off a trip by his envoys and suggested the talks could take place by phone instead.
Over the weekend, Araghchi made two stops in Pakistan and a visit to Oman, which shares the strait with Iran. He also spoke by phone with counterparts in Qatar and Saudi Arabia on Sunday.
Iran wants to persuade Oman to support a mechanism to collect tolls from vessels passing through the strait, according to a regional official who spoke on condition of anonymity because he was not authorised to discuss the matter.
Oman's response wasn't immediately clear.
The official, who is involved in mediation efforts, also said Iran insisted on ending the US blockade before new talks and that Pakistan-led mediators are trying to bridge significant gaps between the countries.
Trump says Iran has offered a much better proposal
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Trump told journalists Saturday that after he called off a trip by his envoys to Pakistan, Iran sent a “much better” proposal.
He did not elaborate but stressed that one of his conditions is that Iran “will not have a nuclear weapon”.
Iran insists its programme is peaceful, but the US wants to remove Tehran's stockpile of highly enriched uranium, which could be used to build a bomb, should Tehran choose to pursue one.
Since the war began, at least 3,375 people have been killed in Iran and at least 2,509 people in Lebanon, where fighting between Israel and the Iran-backed Hezbollah militant group resumed two days after the Iran war started. Another 23 people have been killed in Israel and more than a dozen in Gulf Arab states. Fifteen Israeli soldiers in Lebanon, 13 US service members in the region and six UN peacekeepers in southern Lebanon have been killed.
The ceasefire between Israel and Hezbollah has been extended by three weeks. Hezbollah has not participated in the Washington-brokered diplomacy.
