Supreme Court declines fresh curbs on hate speech, says existing laws are enough
New Delhi: The Supreme Court of India on Wednesday refused to issue additional directions to curb hate speech across the country, holding that the existing legal framework is sufficient and that the real issue lies in implementation rather than absence of law.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta said creation of criminal offences falls within the legislative domain and courts cannot legislate or compel Parliament and state legislatures to enact laws.
The Bench observed that constitutional courts can interpret the law and issue directions for enforcement of fundamental rights, but cannot step into the law-making role.
“At the highest, the court may draw attention to the need for reform. The decision whether and in what manner to legislate remains within the exclusive domain of Parliament and the state legislatures,” the court said.
The court held that the field of hate speech is not legally vacant and said concerns arise mainly from poor enforcement of existing provisions.
It also noted that the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, provides a comprehensive mechanism to set criminal law in motion, meaning there is no legislative vacuum.
Referring to remedies already available under the earlier Code of Criminal Procedure (CrPC) and the BNSS, the court said police are duty-bound to register an FIR when a cognisable offence is disclosed, as laid down in the Lalita Kumari judgment.
It said if police fail to register an FIR, an aggrieved person can approach the Superintendent of Police under Section 154(3) of CrPC or Section 173(4) of BNSS, and thereafter move the magistrate under Section 156(3) CrPC or Section 175 BNSS, or file a private complaint under Section 200 CrPC or Section 223 BNSS.
The Bench further held that an order directing investigation under Section 156(3) CrPC does not amount to taking cognisance under Section 190 CrPC or the corresponding Section 210 of BNSS.
Even while declining fresh directions, the court acknowledged the seriousness of the issue.
It observed that hate speech and rumour-mongering directly affect fraternity, dignity and constitutional order.
The Bench urged legislative authorities to consider whether further policy or legal measures are needed in view of changing social challenges, including suggestions made in the 267th Report of the Law Commission in 2017.
The judgment came in a batch of petitions arising from events dating back to 2020, when multiple pleas were filed over alleged communal narratives spread through television channels and social media.
Among the earliest cases were challenges relating to content described as the “Corona Jihad” campaign and a programme aired by Sudarshan TV titled “UPSC Jihad”. During those proceedings, the court had restrained further telecast of the programme.
Later, more petitions were filed over speeches made at religious gatherings described as “Dharam Sansad” events.
These included pleas moved by journalist Qurban Ali and Major General S.G. Vombatkere seeking action against alleged hate speeches made at such forums.
During the pendency of the matter, the Supreme Court in 2023 had issued major directions asking all states and Union Territories to act proactively in cases involving communal hate speeches or remarks hurting religious sentiments.
It had directed police to register FIRs suo motu, without waiting for formal complaints.
Later, contempt petitions were also filed alleging poor implementation of those earlier directions.
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West Bengal exit polls: People’s Pulse projects TMC lead, others predict BJP surge
Kolkata: Exit polls for the West Bengal Assembly Election 2026 have shown different projections, with some surveys indicating a lead for the All India Trinamool Congress (TMC), while others suggest an advantage for the Bharatiya Janata Party (BJP).
According to People’s Pulse, the TMC+ alliance is projected to win between 177 and 187 seats in the 294-member Assembly.
The BJP is estimated to secure between 95 and 110 seats, while the Left Front+ is predicted to win up to one seat. The Congress (INC) is likely to get between one and three seats, and others are projected to win between one and two seats.
Matrize projections indicate a different trend, with the BJP projected to win between 146 and 161 seats, crossing the majority mark of 148, with a vote share of 42.5 per cent. The TMC is estimated to win between 125 and 140 seats with a vote share of 40.8 per cent.
P-MARQ has also projected a BJP lead, estimating the party to win between 150 and 175 seats, while the TMC+ alliance is expected to secure between 118 and 138 seats. The same survey projects Congress to win between 2 and 6 seats.
Poll Diary estimates suggest the BJP may win between 142 and 171 seats, while the TMC could secure between 99 and 127 seats. Other parties are projected to win between 5 and 9 seats.
Chanakya Strategies has projected the BJP to win between 150 and 160 seats, while the TMC is estimated to get between 130 and 140 seats. Others are expected to secure between 6 and 10 seats, while Congress and Left are projected at zero.
ABP projections estimate the BJP to win between 146 and 161 seats, while the TMC is expected to secure between 125 and 140 seats. Others are projected to win between 6 and 10 seats.
Polls in the state were held in two phases on April 23 and 29, and the counting of votes is scheduled to take place on May 4.
