New Delhi: Jamiat Ulama-i-Hind, one of the largest organistations representing Muslims in India, has approached the Supreme Court against the repeated instances of hate speeches against the community across the country.
The plea filed by Jamiat national president Maulana Mahmood Madani said hate speech feeds into a system of political and social discrimination and has a cumulative effect on the dignity of a group and community.
The petition listed various instances of derogatory remarks made against Prophet Mohammad (peace be upon him) and calls for violence made against the Muslim community by several persons across the country ranging from 2018.
The petition also cited inflammatory speeches made by Yati Narasinghanand Saraswati, priest of Dasna temple, the anti-Muslim slogans made at the Jantar Mantar rally in August this year, the campaign and protests against Friday 'namaz' in Gurugram where protesters disrupted congregations at designated plots by spreading cow dung and issuing threatening slogans, rallies held in Tripura in which derogatory slogans were made against the Prophet, speeches made by Suraj Pal Amu and Santhosh Thammaiah etc.
Seeking the intervention by the Supreme Court of India, the petitioner contended no action under criminal law has been initiated with respect to any such instance.
The petitioners also cite a report of Uttar Pradesh police arresting over 100 Muslims for holding a protest against the remarks of Yati Narasinghanand Saraswati. It may be noted that recently, 76 Supreme Court lawyers wrote a letter to the Chief Justice of India seeking suo motu action against the conclave where genocidal calls were made against Muslims.
Saying that the police authorities did not take any action against the instances of anti-Muslim hate speeches, the petitioners voice concerns about law enforcement agencies "succumbing to non-state actors" and failing to protect the rights of the minorities. remedy, is required considering thepresent circumstances".
"The above facts simply go on to demonstrate that through provocative and derogatory speeches of Indian citizenry, a religious community is attacked in order to compel them to abandon their religious practices. It is not a matter to be left to the administrative process in the country without holding them accountable. A considered judicial intervention of the Constitutional Court, by invoking under public law", the Jamiat said in its petition.
The petitioners highlight that derogatory remarks and abusive speeches against Muslims have resulted in violence and even the killing of individuals It is argued that the police authorities have failed to discharge their "duty to care" by failing to act against the anti-Muslim hate speeches.
The petition placed reliance on the judgment of the Supreme Court in Tehseen Poonawalla vs Union of India case, where the Supreme Court passed elaborate directions to deal with mob crimes and lynching. The petition also referred to the decision in Lalitakumari case, which held that police have the mandatory duty to register FIR when a cognizable offence is revealed.
“It is said that in some cases, after public pressure, police registered FIR but against "unknown persons" though the identities of the persons making hate speeches were in public domain through numerous images and videos shared in social media”, the petition said.
The petition also requested the top court to seek a report from the Narendra Modi government about the action taken by different state mechanisms in relation to the hate speeches, particularly targeting of the Prophet Mohammad (peace be upon him), in the light of the mandatory directions passed in Tehseen Poonawalla case.
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