Subramanian Swamy’s case goes to bigger bench but gets bail
GN Bureau | July 2, 2015
While declining to stay case against BJP leader Subramanian Swamy the supreme court on Thursday agreed to examine the constitutional validity of penal provision for hate speeches.
According to the law, hate speech is any speech, gesture or conduct, writing or display which is forbidden because it may incite violence or hurt religious feeling or promote enmity between different groups on grounds of religion, race, place of birth, residence, language etc. Section 153 deals with provoking people with the intent to cause riot and Section 153A talks about promoting enmity between different groups on grounds of religion, race, place of birth, residence, language etc. Section 295 makes injuring or defiling places of worship with the intent to insult the religion of any class an offence. Section 298 covers cases of hurting religious sentiments deliberately.
A bench of Justices Ranjan Gogoi and M Y Eqbal said that it will not go into the merit of individual cases and would decide larger issue of constitutional validity of hate speech laws. Accordingly, it has sought response from the Centre for scrapping the law.
After challenging the validity of the criminal defamation law, Swamy has challenged before the supreme court various provisions of the Indian Penal Code dealing with offences of 'hate speech', saying they were violative of the fundamental right to freedom of speech.
Swamy contended in his plea that Sections 153, 153A,153B, 295, 295A, 298 and 505 of the IPC in respect of so-called "hate speech" were used to penalize people for expressing their views even within the bounds of reasonable restrictions and they should be set aside.
"All these sections do not have any safeguards within which a person can publicize his analysis of various nuanced truths of interaction between groups which differ on the basis of religion, race, place of birth, residence, language, caste or community," Swamy said in his petition.
He contended that under the present law, a person couldn't attempt to initiate a public debate to modify people's perception as the person was "chilled or gagged" under the present law.
"By these laws, therefore, not only are such persons harassed by a criminal prosecution which could continue unendingly, but also on that pretext, a vibrant and vigorous public discourse essential in a democracy is gagged. There is also thereby violation of the citizens' fundamental right to freedom of speech and expression," he said.
Swamy also urged the court to stay criminal proceedings initiated against him in Delhi, Mumbai, Assam, Mohali and Kerala for expressing views on terrorism which was termed as hate speech under the IPC provisions.
The union government enforced a nationwide lockdown on March 25, 2020 to curb the spread of coronavirus as it was causing large-scale infection and disease. Challenges of pandemic management and levels of distress were revealed during this time. The fear of Covid spread like wildfire and a
Maharashtra chief minister Uddhav Thackeray has launched three state-of-the-art human DNA units under the Nirbhaya Scheme for efficiency in criminal investigations. A wildlife DNA unit in Nagpur makes Maharashtra the country’s first state to have a forensic testing lab for animals.
The Midway Battle: Modi’s Roller-coaster Second Term By Gautam Chintamani Bloomsbury / 400 pages / Rs 699 Gautam Chintamani, a film historian and author, has penned an in-depth chronicle of prime minister Narendra Modi’s second
Maharashtra chief minister Uddhav Thackeray has instructed the Mumbai civic authorities to take immediate action on unauthorized constructions on war footing. In a virtual meeting held on Wednesday, Thackeray said no illegal construction will be tolerated in Mumbai and called upon the BMC to
After extending timings of shops and restaurants as well as the reopening of cinema halls and theatres under specified SOPs from October 22, in view of the festive cheer, the Maharashtra government has allowed restaurants and eateries to remain open till 12AM and shops and establishments to function till 1
Rubbishing the recently released Global Hunger Index 2021, wherein India has slipped to 101 position to be placed below Pakistan, Nepal and Bangladesh, Arvind Panagariya, professor of economics at Columbia University and former vice chairman, NITI Aayog, has said that data collection and methodologies used