hate speech is going beyond the control and it has a deleterious effect on the society

In the High Court of Judicature at Madras
Reserved on :
10.7.2023
Delivered on :
14.7.2023
Coram :
The Honourable Mr.Justice N.ANAND VENKATESH
Crl.O.P.(MD) Nos.11494 & 12163 of 2018
Crl.O.P.Nos.5099 of 2019 & 6211 of 2021 &
all connected pending Crl.M.Ps.
S.Ve.Shekher ...Petitioner in
all the Crl.O.Ps.
Vs
1.Al.Gopalsamy, President,

31. A recent judgment of the Apex Court in the case of Kaushal
Kishor Vs. State of Uttar Pradesh [reported in 2023 (4) SCC 1]
resonates while deciding these cases. The Apex Court was dealing with
a menace that adversely affects the equilibrium of this country namely
hate speech. The Apex Court had gone into all the issues in detail and
it will be relevant to extract paragraph 251 of the judgment as
hereunder :
Every citizen of India must consciously be
restrained in speech, and exercise the right to freedom
of speech and expression under Article 19(1)(a) only in
the sense that it was intended by the Framers of the
Constitution, to be exercised. This is the true content
of Article 19(1)(a) which does not vest with citizens
unbridled liberty to utter statements which are vitriolic,
derogatory, unwarranted, have no redeeming purpose
and which, in no way amount to a communication of
ideas. Article 19(1)(a) vests a multi-faceted right, which
protects several species of speech and expression from
interference by the State. However, it is a no brainer
that the right to freedom speech and expression, in a
human-rights based democracy does not protect
statements made by a citizen, which strike at the dignity
of a fellow citizen. Fraternity and equality which lie at
the very base of our Constitutional culture and upon
19/23 https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11494 of 2018
etc. cases
which the superstructure of rights are built, do not
permit such rights to be employed in a manner so as to
attack the rights of another.
32. The Apex Court, in the said judgment, by considering the
fact that the hate speech is going beyond the control and it has a
deleterious effect on the society, had gone to the extent of directing
suo motu registration of the first information report without waiting for
someone to file a complaint. The Courts must start analysing cases,
which have an adverse impact on the society with more seriousness.
The cases in hand are one such type where this Court does not want to
handle them with kid gloves