Kamal Ghorui
The Supreme Court stated on Wednesday that existing legal provisions are sufficient to address hate speech offences, declining to issue further directions on the matter as it falls within the legislature’s domain.A bench of Justice Vikram Nath and Justice Sandeep Mehta delivered the judgment on a batch of petitions seeking directions and guidelines to address the issue of hate speech.“Prescription of punishment lies squarely within legislative domain. Constitutional scheme founded upon doctrine of separation of powers does not permit judiciary to create new offences,” the Supreme Court said, adding that no legislative vacuum exists to warrant the intervention sought.The court, however, urged the Centre to examine whether fresh legislation is warranted to tackle hate speech in light of changing social contexts.While declining to issue the directions sought in the petitions, the bench observed that existing criminal laws already address offences related to hate speech.“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,” the bench said.The bench said it would be open to the Centre and other competent legislative authorities to consider whether additional legal or policy measures are needed in view of evolving societal challenges, including making suitable amendments as suggested in the Law Commission’s 267th report of March 2017.
