Counter hate speech through civil courts since criminal law often set in motion selectively: Justice Rohinton Nariman

Retired Supreme Court Justice Rohinton Fali Nariman on Friday said that hate speech disrupts harmony and brotherhood and needs to be addressed legally. .He said that while criminal law against hate speech incidents is often set in motion selectively, thereby, rendering courts moot, there can be another legal remedy to the same - civil suits seeking damages.He urged civil courts to take up suits filed by citizens against hate speech and to award punitive damages when such suits are filed."We know that criminal law is sometimes put in motion selectively. I am going to suggest a remedy. Civil courts should take up a suit filed by any citizen against hate speech," he said. Pertinently, he also explained how civil courts can act on such suits by basing it on a fundamental duty under Article 51A(f). Article 51A(f) states that every citizen has the duty to promote harmony and spirt of brotherhood amongst all people irrespective of religious, linguistic or regional diversities.Since the fundamental duties chapter is silent about the court's role, it can be filled in by courts, he explained."The moment a citizen petitions against hate speech, the court can issue a declaration and an injunction because of the fundamental duties and it can also award punitive damages," said Justice Nariman.Nothing hurts more than that which hurts the purse, he added.Punitive damages in civil suits would go a long way in promoting fraternity and harmony, Justice Nariman underscored."So, if courts were actually now to take cognisance of civil suits in which these three things (declaration, injunction and punitive damages) are done, it would go a long way in protecting and preserving fraternity."Justice Nariman was delivering the 13th VM Tarkunde Memorial Lecture on the topic 'Rights, Duties, Directive Principles: What is Fundamental'..Throughout his speech, Justice Nariman stressed on the importance of fostering the spirit of fraternity."Fraternity is the only constitutional method of assuring the dignity of every individual citizen of this country and of assuring integrity and unity of this nation", he said.He also spoke on the importance of respecting diverse cultures in a country like India. "We have a great fundamental duty in respecting our composite culture. This is extremely important According to me, fraternity is very important for this nation particularly at this time.....Hate speech disrupts harmony and brotherhood," he said..Justice Nariman then commended the Supreme Court for its recent decision which said that every authority must act against hate speech. "But I think that a civil step given this fundamental duty is what is also needed," he maintained..In his lecture, Justice Nariman also noted that some fundamental duties such as the duty to "to abide by the Constitution and respect its ideals and institutions, the national Flag and the National Anthem", may impose a duty on the State as well to first enable the common man to access and understand the Constitution. To address this, Justice Nariman's suggested that the Central government may distribute copies of the Constitution in every possible language, free of cost to all citizens..Retired Supreme Court Justice Madan B Lokur, who is the president of the Tarkunde Memorial Foundation, also spoke at the memorial event. Echoing Justice Nariman's view, Justice Lokur too emphasised that brotherhood and harmony are in vital in diverse democracies but added that judicial independence and integrity are equally important. .The memorial event kicked off with a welcome address by advocate Ejaz Maqbool.Senior Advocate Raju Ramachandran, while introducing Justice Nariman, also traced the life, work and contributions of the late VM Tarkunde as well as the work that the foundation continues to do.The event started and ended with the late Tarkunde's immediate family on the dais. His grand daughter, advocate Tahira Karanjawala handed over a bouquet to Justice Nariman at the beginning of the event. His daughter, advocate Manik Karanjawala delivered the vote of thanks in which she also paid tribute to doyens of the Bar, Soli Sorabjee and Ashok Desai, the former President and Vice President of the Foundation, who passed away last year. .[Watch full speech here]