Duty of every Indian to uphold dignity of individual irrespective of religion, caste: Justice BV Nagarathna on hate speech

Hate speech strikes at the foundational values of the Constitution and leads to inequalities in the society, Supreme Court judge Justice BV Nagarathna observed on Tuesday in her verdict in the case relating to freedom of speech of public functionaries..A Constitution Bench of Justices S Abdul Nazeer, AS Bopanna, BR Gavai, V Ramasubramanian and BV Nagarathna today held that the restrictions on freedom of speech of public functionaries cannot go beyond what is prescribed under Article 19(2) of the Constitution which are exhaustive and applicable to all citizens..In her separate but concurring judgment, Justice Nagarathna said that while freedom of speech and expression is a much needed right so that citizens are well informed and educated on governance, it cannot turn into hate speech."Equality, liberty and fraternity are the foundational values embedded in the Preamble of our Constitution. ‘Hate speech’, in the sense discussed hereinabove, strikes at each of these foundational values, by marking out a society as being unequal. It also violates fraternity of citizens from diverse backgrounds, the sine-qua-non of a cohesive society based on plurality and multi-culturalism such as in India that is, Bharat.. It shall be the duty of every Indian to uphold the dignity of every individual irrespective of religion, caste etc and also uphold the dignity of women," she observed.She exhorted individuals, particularly those in public life to be cautious when delivering speeches or making statements.She said that public functionaries and celebrities having regard to the reach and impact their statements can have on public have to be more responsible and should exercise more restraint on speech since its impacts the citizens at large."One should speak only when it is like pearls strung on a thread and when Lord hears it and says 'yes yes it is true'," her judgment said..Preamble of the Constitution which envisages, inter alia, fraternity, assures that the dignity of individuals cannot be dented by means of unwarranted speech being made by fellow citizens, including public functionaries, the judgement underscored."Preamble of the Constitution and the values thereof assuring the people of India not only justice, liberty, equality but also fraternity and unity and integrity of the nation, must remind every citizen of this Country irrespective of the office or position or power that is held, of the sublime ideals of the Constitution and to respect them in their true letter and spirit," the judgment stated..Read more here..[Read Judgment]