Plea in SC seeks appropriate directions in relation to 'hate speeches'
Dec 31, 2021
New Delhi [India], December 31 : A petition has been filed in the Supreme Court by Jamiat Ulama-i-Hind and Maulana Syed Mahmood Asad Madani urging appropriate directions in relation "to the continuous attack on the personality of Prophet Mohammad (PBUH) and disparaging remarks by various persons in different parts of the country attacking the very belief system of the Muslim community at large".
The petitioners Jamiat Ulama-i-Hind and Maulana Syed Mahmood Asad Madani have sought a report from the Centre in relation to the action taken by different state mechanisms in relation to the "hate speeches", more particularly targeting the personality of Prophet Mohammad (PBUH), in the light of mandatory direction passed in the case of Tehseen Poonawal v Union of India.
The petitioner has sought appropriate directions for constituting an independent committee for compiling all the complaints relating to hate crimes in the country and for court-monitored investigation and prosecution of the hate crimes.
The petition said that "insulting Prophet Mohammad is akin to attacking the very foundation of Islam".
It said that "such speeches go beyond the limits of a permitted critical denial of another's beliefs, and are certainly likely to incite religious intolerance, and the state and central government authorities ought to consider the same to be incompatible with respect for the freedom of thought, conscience and religion and must take proportionate restrictive measures".
The petitioner said that such speeches destroy the secular fabric of the country which also forms part of the basic structure of our Constitution.
"The petition emphasizes that the state machinery, bound by the Constitution of India, ought to have an adversarial relationship with the proponents of such speeches and must take adequate remedial and preventive steps to prevent the same. However, even after a considerable amount of time, the state authorities have completely failed to uphold their duties in this regard, " the petitioner said in a statement.
The petition said that through these hate speeches, "specifically when made against the religious personalities and the Muslim community at large, the diversity of the country and peaceful co-existence of the followers of different religious beliefs comes under serious threat".
"How in view of the continuous attacks on the Muslim community at large, many violent acts have taken place in which many precious lives have been lost most of the people belonging to the weaker section of the society, the majority of them belonging to the Muslim community, " the petitioner said.
