The Supreme Court on Wednesday declined to issue further directions on regulating hate speech, holding that existing legal provisions are adequate and that the issue lies in enforcement rather than any gap in the law.
A bench comprising Justices Vikram Nath and Sandeep Mehta said that creating new criminal offences or expanding liability falls strictly within the domain of the legislature. Courts, it emphasized, cannot direct Parliament or state assemblies to enact laws. Citing the principle of separation of powers, the bench underlined that judicial intervention cannot extend to law-making.
In its ruling, the court observed that India already has a framework to address hate speech, pointing to remedies available under criminal procedure laws. It reiterated that police are duty-bound to register FIRs in cases involving cognisable offences, as established in earlier judgments, and noted that complainants have recourse to senior police officials or magistrates if authorities fail to act.
At the same time, the court acknowledged the seriousness of the issue, noting that hate speech and the spread of misinformation can threaten social harmony and constitutional values. It left open the possibility for legislative bodies to consider additional measures, including recommendations made in past Law Commission reports.
The case comes from a series of petitions filed since 2020, many of which raised concerns about communal content in media broadcasts and public speeches at religious gatherings. Over the years, the court had issued interim directions, including asking authorities to take proactive steps against inflammatory speech.
With this judgment, the court has effectively closed the long-running matter, making it clear that any further changes to the legal framework must come through legislative action rather than judicial orders.
