Supreme Court.
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Delhi High Court Women Lawyers Forum has asked Chief Justice of India D Y Chandrachud to direct the Haryana government to prevent incidents of hate speech and ban such videos, creating an atmosphere of fear after the Nuh violence.
In a letter petition, signed by 101 women lawyers, they sought a direction to the Haryana government to track and ban videos that threatened to harm any community, or places of worship or urge economic boycott.
In their plea, they also sought direction to the state government to take immediate action against persons found responsible for committing acts of hate speech.
They said as women, as mothers and as officers of the Court, we feel a strong commitment to communal harmony, rule of law and a sense of responsibility.
Their plea also sought a direction for promotion of an environment of dignity and liberty for citizens of all religions in Haryana and fraternity between communities by announcing programmes that highlight inclusion and awards for acts of communal harmony.
They stated that in light of the recent events that have occurred in the Nuh region in Haryana, a deep concern has arisen due to videos that have surfaced on social media of hate speech and incitement of targeted violence, that are disrupting peace and harmony in the society.
"We, as members of the legal community and of The Delhi High Court Women Lawyers Forum, residing in Delhi and Gurgaon, have approached Your Lordship, vide this Letter Petition, to bring to your notice the fact that hate speech videos are circulating on social media which purport to have been recorded at rallies in Haryana," they said.
They sought urgent and expeditious directions to the State of Haryana to prevent incidents of hate speech and to take action against those who have perpetrated it, in violation of directions repeatedly issued by the Supreme Court of India and to immediately track and ban these videos that amplify hate speech and create an atmosphere of fear.
They cited the Supreme Court's observations made on August 11, 2023, in Shaheen Abdullah vs Union of India that there has to be harmony and comity between the communities and that the calls to boycott the Muslim community after the recent communal violence at Nuh was “unacceptable”. This court has accordingly mooted the idea of the DGP to constitute a committee to verify all material and issue directions to the concerned officer and that the police need to be sensitised, they pointed out.
They also referred to Tehseen S Poonawalla Vs the Union of India and Others (2018) case in which the Supreme Court recorded that mob vigilantism and mob violence have to be prevented by the governments by taking strict action. That rising intolerance and growing polarisation expressed through incidents of mob violence cannot be permitted to become the normal way of life or the normal state of law and order in the country. The State has a sacrosanct duty to protect its people from unruly elements and perpetrators of vigilantism, with utmost sincerity, they quoted the top court's judgement.
The plea also relied upon the Supreme Court's directives issued in October 2022 and April 2023 mandating immediate suo moto action to register First Information Reports in cases involving hate-speech offences even if no complaint is forthcoming and to proceed against the offenders in accordance with the law. The order made it clear that such action will be taken irrespective of the religion of the maker of the speech or the person who commits such acts, so that the secular character of the Bharat as envisaged by the Preamble, is preserved and protected.