SC: Not everything said amounts to hate speech

“We would like to bring something to your notice… Two days back, we stayed the proceedings against Arvind Kejriwal, involved Section 125 of The Representation of Peoples Act, same 153 A. So he brought a list of decisions of this court as to what is 153A – public order should be affected; and it’s not everything which is said that amounts to hate speech. So, we have to be careful. Only in terms of what this section means as interpreted by this court will involve the offence. So, we have to bear that in mind also,” Justice Joseph told the petitioner counsel.

The counsel responded that a reading of the transcript in the case would help convince the court that what was spoken at the event amounts to hate speech.

Justice Joseph, however, pointed out that there was still no definite explanation of what is hate speech and “we have to fall back on (sections) 153A, 295A (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs)… these are the provisions which we can also deal with this kind of propensity among some people”.

Hearing the matter on February 3, the Maharashtra government had assured the court that it will give permission for another public meeting planned by the Samaj on February 5 only on the condition that no hate speech will be made by the participants.