Bharat A Secular Nation, There Can't Be Fraternity If Different Communities Can't Live In Harmony : Supreme Court

Highlighting this, a Division Bench of Justices KM Joseph and Hrishikesh Roy observed,

"The Constitution of India envisages Bharat as a secular nation and fraternity assuring the dignity of the individual and unity and integrity of the country is one of the guiding principles enshrined in the Preamble. There cannot be fraternity unless members of the community from different religions or castes are able to live in harmony"

The Court was considering a petition seeking the urgent intervention to stop the growing menace of targeting and terrorizing the Muslim community in India.

During the hearing today, the Senior Advocate Kapil Sibal for the petitioner informed that no action was being taken against hate speeches despite repeated complaints. 

Noting this, the Bench said that it has a duty to protect the secular and democratic character of the nation apart from the fundamental rights of the citizens.

"He (Sibal) voiced his concern that no action has been taken even after this court heard the matter and the transgressions have increased. We feel that this court is charged with the duty to protect the fundamental rights and also to protect and preserve constitutional values, in particular the rule of law and the secular, democratic character of the nation. The matter needs examination and some form of interim directions."

The Supreme Court then ordered the Delhi, Uttar Pradesh and Uttarakhand Police to take suo motu action in cases of hate speeches without waiting for a formal complaint, irrespective of the religion of the offenders, apart from passing other directions.

"We further make it clear that such action be taken irrespective of the religion of the maker of the speech, so that the secular character of Bharat as envisaged by the Preamble is preserved", the bench added.

After dictating the order, the Bench asked the court staff to immediately upload it.

"We are doing far too little", the Bench said.

When Sibal expressed his gratitude for the court rising to the occasion, the Bench said "it's our duty."

Case Title: Shaheen Abdulla v. UoI And Ors. WP(C) No. 940/2022 PIL