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Hate Speech Can’t Be Wrongly Seen As Fundamental Right: SC

06 May 2025
2 min

Supreme Court's Stand on Hate Speech and Fundamental Rights

The Supreme Court has asserted that hate speech should not be confused with a fundamental right. It plans to limit any freedoms that enable speech intended to demean individuals or communities.

Case Overview

  • The case in question involves a plea against stand-up comedians accused of making insensitive jokes about persons with disabilities.
  • A division bench comprising Justices Surya Kant and N Kotiswar Singh took cognizance of the matter.

Legal Actions and Notices

  • Notices were issued to comedians Samay Raina, Vipul Goyal, among others.
  • The Mumbai police commissioner was instructed to ensure the comedians appear in court on the next hearing date.
  • Failure to appear would result in coercive actions against them.

Role of Influencers and Freedom of Speech

  • Senior Advocate Aparajita Singh highlighted the influence of comedians on the youth.
  • Singh argued that freedom of speech does not justify defaming vulnerable individuals.

Judicial Response and Future Measures

  • Justice Kant emphasized the need for "remedial, curative, and preventive" strategies against degrading remarks.
  • There is an intention to establish guidelines on handling such issues.
  • Attorney General R Venkataramani was asked to assist due to the issue's sensitivity and importance.


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