No Legislative Vacuum Exists Warranting Intervention : SC

New Delhi : The Supreme Court said on Wednesday that the current criminal law framework adequately addresses the problem of hate speech and that there is no “legal loophole” that would warrant intervention. “The contention that the domain of hate speech remains legally vacant is misunderstood,” a bench comprising Justices Vikram Nath and Sandeep Mehta said in its judgment on a series of petitions related to hate speech.

The apex court said it would be open to the Center and the competent legislative authorities as to whether further legal or policy measures are required in view of the evolving social challenges or appropriate changes can be made as suggested in the Law Commission’s 267th report dated March 2017.

While announcing the decision, Justice Nath said, “Although we decline to give directions of the nature sought, we find it appropriate to observe that the issues related to hate speech and rumor mongering are directly related to the protection of fraternity, dignity and Constitutional order.”

The apex court said that creating criminal offenses and determining penalties lies entirely within the legislative power.

It was stated that the Constitutional order, based on the doctrine of separation of powers, does not allow the judiciary to create new crimes or expand the limits of criminal liability through judicial guidance.

“The jurisprudence of this court consistently confirms that although Constitutional courts can interpret laws and issue instructions to ensure the implementation of fundamental rights, they cannot legislate or compel law,” the panel said. he said.

It was stated that the existing substantive criminal law framework and relevant legislation, including the provisions of the old Indian Penal Code, adequately address acts that incite hostility, outrage religious sentiments or disturb public peace.

“Therefore, the field is not empty,” the bench said.

He said the legal framework under the erstwhile Code of Criminal Procedure (CrPC), now the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, provides a comprehensive and layered mechanism to activate the criminal law.

The bench said that the duty of the police to register FIR on disclosure of a cognizable offense is mandatory and CrPC or BNSS provides effective remedy in case FIR is not registered.

A detailed decision is awaited.

The high court reserved its decision regarding the defenses on January 20.