SC directs all states to register cases over hate speeches even if no complaint is made

Calling hate speech a very "serious offence" that has the potential to affect secular fabric of India, the Supreme Court on Friday extended the scope of its 2022 judgement and asked all states and union territories to file hate speech cases even if no complaint is made.

The apex court further stated that any delay in filing hate speech lawsuits will be considered contempt of court.

"Irrespective of the caste, community, religion of the maker of the speech, no one can be allowed to break the law," the court said.

"We further make it clear that such action be taken irrespective of the religion of the maker of the speech, so that the secular character of Bharat as envisaged by the Preamble is preserved," the bench, comprised of Justices KM Joseph and BV Nagarathna, today said in its order.

On applications seeking FIR against union minister Anurag Thakur and others for hate speech, Justice KM Joseph stated that the Magistrate decided that sanction is required for FIR, and the High Court agreed.

"The judges are apolitical and not concerned with Party A or Party B and the only thing they have in mind is the Constitution of India," the bench said.

Last year, the Supreme Court asked Delhi, Uttar Pradesh and Uttarakhand governments to take suo moto action against perpetrators without thinking about their religion. The court was pointing at the growing concerns over hate speeches in the country. 

The case will be next heard on May 12.

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