'We are Not Inclined to Either Legislate or Monitor Every Small Incident': SC on Instances of Hate Speech
The Wire Staff
Real journalism holds power accountable
Since 2015, The Wire has done just that.
But we can continue only with your support.
New Delhi: The Supreme Court on Tuesday (November 25, 2025) said that it was not inclined to legislate or monitor every instance of hate speech in the country and that the aggrieved persons could approach the police stations and high courts.
The oral observations were made by a bench of Justices Vikram Nath and Sandeep Mehta that was hearing a plea filed by journalist Qurban Ali and others. The petitioners quoted instances of systematic ostracisation of the Muslim community in various states, reported The Hindu.
Interestingly, back in 2018, the top court had condemned hate crimes and declared that it was the state’s “sacrosanct duty” to protect the dignity and lives of citizens from hate crimes.
But on Tuesday, it contradicted its own previous observations.
“We are not legislating in the garb of this petition. Rest assured, we are not inclined to either legislate or monitor every small incident which takes place in the X, Y, Z pocket of this country,” said the court on Tuesday, reported Deccan Herald.
"How can this court continue to monitor all such instances all over the country? You approach the authorities. Let them take action; otherwise, go to the high court," the bench told the counsel of the petitioners.
Earlier, after its previous observations in 2022, the Supreme Court had again in October 22 rued the “tragic” level to which “we have reduced religion to” in the 21st century. It had said that a “climate of hate prevails in the country”.
Back then the Supreme Court had also ordered the police and authorities to register suo motu cases against hate speech offenders without waiting for someone to file formal complaints.
On Tuesday, representing the petitioners, advocate Nizam Pasha referred to an affidavit about a Minister in Assam, who after the electoral win of the Bharatiya Janata Party in Bihar, shared a post saying that “Bihar approves of Gobi farming”.
Pasha alleged this was in reference to the 1989 Bhagalpur massacre in which several members of the Muslim community were killed and their bodies buried in a cauliflower field.
"Whichever state you have a problem with, you approach the jurisdictional high court for appropriate relief," said the court.
This article went live on November twenty-sixth, two thousand twenty five, at fifty-four minutes past three in the afternoon.The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.