Communalism
A Supreme Court bench of Justices K.M. Joseph and B.V. Nagarathna had strong words to say on the role of the state in taking action against incidents of hate speech.
The hearing, in which the bench was considering a petition asking for contempt of court action against the Maharashtra government over their alleged failure to act against hate speeches during rallies, was reported on by LiveLaw in detail. The petitions alleged that the state government was ignoring the Supreme Court’s own directions when dealing with processions of the Sakal Hindu Samaj. This Supreme Court bench had also asked authorities to take relevant action against proponents of hate speech without waiting for a complaint to be filed.
https://thewire.in/law/supreme-court-justice-joseph-nagarathna-hate-speech-religion
31/03/2023
Since November, several similar rallies have been held across Maharashtra. At nearly all of them, speakers have called for violence against Muslims or floated conspiracy theories about the community. https://scroll.in/article/1045315/how-love-jihad-rallies-are-spreading-hate-against-muslims-in-maharashtra
But even the Supreme Court’s scrutiny did little to stem the flood of provocative speeches at these rallies, which are being organised under the umbrella of the Sakal Hindu Samaj.
“Such hate speeches were never made in Mumbai before,” said Lara Jesani, general secretary of People’s Union for Civil Liberties. “That they are able to openly call for violence worries us.”
Observers of Maharashtra’s politics differ on why the rallies have picked up pace in Maharashtra.
Former journalist Kumar Ketkar said the reasons were electoral. “Polls are coming up,” he said. “They feel these rallies will benefit them, make fence-sitters switch sides and vote for the BJP.”
10/03/2023
Women in Bengaluru protest Pramod Mutalik’s hate speech against Muslim women https://cjp.org.in/women-in-bengaluru-protest-pramod-mutaliks-hate-speech-against-muslim-women/ Days after the Hindutva extremist leader and head of the Sri Ram Sena Pramod Muthalik urged Hindu men to “get 10 Muslim girls for losing one Hindu girl to Love-Jihad, and declared that such Hindu men would be provided security and employment by his organisation, ordinary citizens protested outside the office of Director General of Police (DGP), Praveen Sood, protesting against the derogatory comment made by Muthalik.
Muslim women have been increasingly targeted with vile sexual threats, both online and on the ground. The blatantly abusive behaviour is often spearheaded with impunity by right-wing extremists and socio-culturally influential members of the majority community. It has been made clear above that the authorities have full power to take action against anti-woman and derogatory comments made by Muthalik. Despite this, no action has been taken. It is also pertinent to note that had such comments been made by a person who was not backed by the majority community, the actions followed such a statement had been different.
If this incident is ignored, even after there are directions laid down by the Supreme Court, it will add on to the current environment of unsafety that exists for the women and the marginalized in India. Such state sponsored impunity may make Muslim women more and more vulnerable in the social and public sphere.
The court was hearing a petition filed by a Muslim man from Uttar Pradesh who said that he was assaulted and abused in the name of religion, but police did not register a case in response to his complaint. https://thewire.in/law/sc-on-hate-crimes-primary-duty-of-state-is-to-protect-citizens-no-compromise-at-all
A two-judge bench of Justice K.M. Joseph and Justice B.V. Nagaratna said “there cannot be any compromise on hate speech at all”, while adding that only when the state acknowledges such crimes can a solution be found.
“When action is not taken against hate crimes then an atmosphere is fostered which is very dangerous and it has to be rooted out from our lives. There cannot be any compromise on hate speech at all,” the court said.
The court then directed the Uttar Pradesh government to file a detailed affidavit on the matter and posted it for further hearing on March 3. On October 21, 2022, the top court had asked Uttar Pradesh, Uttarakhand, and Delhi to crack down on those making hate speeches, observing, “where have we reached in the name of religion, what have we reduced religion to is tragic”.
It had ordered the three states in question to promptly register criminal cases against the offenders without waiting for a complaint to be filed.
08/02/2023
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