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Supreme Court declines to act as hate speech monitor | Here’s why

The Supreme Court stated it won't directly monitor every hate speech incident nationwide, emphasising existing legal recourse through High Courts and police.

The bench clarified it would not legislate on the matter, directing petitioners to established authorities. (PTI file photo)
The bench clarified it would not legislate on the matter, directing petitioners to established authorities. (PTI file photo)
| Updated on: Nov 25, 2025 | 10:30 PM

New Delhi: The Supreme Court on Tuesday stated it will not legislate or directly monitor every instance of hate speech occurring across India, emphasising the availability of existing legal recourse. A bench comprising Justices Vikram Nath and Sandeep Mehta made these remarks while hearing a petition that highlighted alleged social and economic boycotts targeting a specific community.

The court made its stance clear.  "We are not making a law in view of this petition. Rest assured, we are not ready to legislate or monitor every small incident that happens in any part of the country. There are high courts, there are police stations, and there are legal remedies. They are already there."

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The Supreme Court initially directed the petitioner to present their complaint to the relevant high court. The bench questioned the feasibility of the apex court overseeing all such cases nationwide, stating, "How can this court keep an eye on all such cases in the country? You contact the authorities. Let them take action, otherwise go to the High Court."

In response, the petitioner's counsel mentioned that an application had been filed within a pending writ petition that already addresses hate speech concerns.

Solicitor General Tushar Mehta, who was present in court, added that the issue of hate speech is not confined to any single religion, stating, "A lot of hate speeches are being made in all religions. I will give details about that to the applicant." The petitioner's counsel countered that the matter was brought to the court's attention due to the inaction of authorities.

In a separate matter, the Supreme Court also advised petitioners seeking an inquiry into alleged sexual abuse incidents at ISKCON-run schools to approach the National Commission for Protection of Child Rights (NCPCR) with their complaints. The court indicated that any such representations made to the State Child Rights Commissions of Uttar Pradesh and West Bengal should also be considered in due course.

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