Ruling party not only silent on hate speech but also endorsing it: Justice Nariman

New Delhi: Former Supreme Court judge Justice Rohinton Fali Nariman expressed concerns about the rise of hate speech in the country.

"Unfortunately, we have the other higher echelons of the ruling party not only being silent qua hate speech but otherwise endorsing them", he recently said while speaking at a webinar.

He also said that there are people who are "actually calling for the genocide of an entire people" and "we find the great reluctance somehow of the authorities to book these people".

The former Supreme Court judge also spoke about the need to do away with the sedition laws.

"When you have Article 19(1)(a) being administered as it is being administered today, there is a big red signal which is put up so far as the rule of law is concerned. It is the time to completely do away with the sedition laws, allow free speech so long as ultimately it is not exhort somebody to violence", Justice Rohinton Nariman has urged.

The former Supreme Court judge was speaking on "Constitutional Underpinnings of the Rule of Law" at the inauguration of the D. M. Harish School of Law, Mumbai.

"Article 19 contains the difference between democracies like ours and dictatorships which are veiled as democracies. 19(1)(a) is the single most important and cherished human right, which is the right to freedom of speech and expression. Unfortunately, of late, we have had in this country, young persons, students, stand-up comedians and the like, all being booked for freely criticising the government of the day under sedition laws which are really colonial in nature and have no place under our Constitution. On the other hand, you have persons giving hate speech, what is called 'fighting words', actually calling for the genocide of an entire people, and we find the great reluctance somehow of the authorities to book these people", Justice Nariman has commented.

"It was heartening to note that at least a little later, the Vice President of the country in a speech said that hate speech is unconstitutional, not only is it Unconstitutional but it happens to be a criminal act. It is criminalised in sections 153A and 505(c) of the IPC. In fact, unfortunately though in practice a person can be given up to 3 years' imprisonment, this never happens because no minimum sentence is prescribed. If you really want to strengthen rule of law as contained in our Constitution, I would suggest strongly that the Parliament amend these provisions to provide a minimum sentence is prescribed. If you really want to strengthen rule of law as contained in our Constitution, I would suggest strongly that the Parliament amend these provisions to provide a minimum sentence for the act, for it to be a deterrence for persons who make hate speeches of this kind", he urged.