The Supreme Court appears to agree that hate speech is a big negative for social peace. The key point is what are the deterrents against those talking up hate. The latest high-profile hate speech controversy involves two BJP-elected representatives at a VHP event. Delhi police has filed an FIR on this. In May, a PFI march in Kerala saw a minor chanting violent threats against two other communities. And last December, there was a flood of hate speech at the "Dharm Sansad" in Haridwar.
Tracking forward from last December, it can be reasonably argued that the lack of quick and meaningful police and legal action against hate speech encourages more such statements and rhetoric. Police forces sometimes file FIR, after a big delay, the cases start trundling through lower courts, once in a while SC agrees to take up a matter, but even SC is overburdened ... and so goes this depressing story. The other part of this story is that with a few welcome exceptions, political parties rarely act against their own.
It must start with the cops. Police forces have to be vigilant and proactive, lodging clearly argued FIRs immediately, making arrests, filing chargesheets, and energetically pursuing trials. But cops will do this regularly only when the leadership of all political parties show zero tolerance for hate speech. Courts, especially higher courts, need to push matters along, pulling up lower courts suo motu, if necessary. There have been court-monitored investigations using the doctrine of continuing mandamus. SC and high courts should prioritize a few hate speech cases for supervision. A separate law on hate speech is unnecessary. We don't need another law that can be wilfully misinterpreted. What we need is some hate speech givers to quickly pay for what they have said.

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