On Wednesday, the Supreme Court stated that existing legal frameworks are adequate to address offenses related to hate speech, opting not to issue additional directives on the issue, which it deemed to fall within the legislative sphere.
“Prescription of punishment lies squarely within the legislative domain. The constitutional framework, founded on the doctrine of separation of powers, does not permit the judiciary to create new offenses,” the Supreme Court remarked. The Court clarified that there is no legislative vacuum that necessitates the sought intervention.
“While constitutional courts may interpret law, they cannot legislate or compel legislation,” the Court added. Nevertheless, it encouraged the government to consider whether new legislation is needed to effectively manage hate speech in light of evolving social contexts.
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta delivered this judgment in response to a series of petitions seeking specific directions and guidelines to address the challenges posed by hate speech, as reported by Live Law.
