Kamal Ghorui
New Delhi: Supreme Court on Wednesday said that there is no legal vacuum that could justify its intervention to deal with the problem of hate speeches, with the existing framework of criminal law adequately addressing the issue.A bench of Justices Vikram Nath and Sandeep Mehta, however, said that govt can take a call on amending the law to tackle the menace in view of “societal changes”.The apex court’s ruling came on a batch of petitions seeking action against those involved in hate speeches and a mechanism to deal with such instances. “The contention that the field of hate speech remains legislatively unoccupied is misconceived,” the bench said.Courts cannot legislate, only enforce rights: SCWhile we decline to issue directions of the nature sought, we deem it appropriate to observe that the issues relating to hate speeches and rumour-mongering bear directly upon the preservation of fraternity, dignity and Constitutional order,” the SC bench said.The constitutional scheme founded upon doctrine of separation of powers does not permit judiciary to create new offences or expand contours of criminal liability through judicial directives, the court stressed.“The precedents of this court consistently affirm that while constitutional courts may interpret the law and issue directions to secure the enforcement of fundamental rights, they cannot legislate or compel legislation,” it said.
