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No space for religious hate crimes in secular nation: SC

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No space for religious hate crimes in secular nation: SC

No space for religious hate crimes in secular nation: SC
February 07
08:54 2023

NEW DELHI, FEB. 7: Expressing displeasure over the failure of UP police to register FIR in a crime of hate speech committed on a 62-year-old Muslim man in Ghaziabad, the Supreme Court on Monday said that there is no space for hate crime on the basis of religion in a secular country.

The bench of Justices K M Joseph and B V Nagarathna said that laxity to act against these crimes fosters a dangerous atmosphere. “There is no space for hate crime on basis of religion in a secular country, it has to be rooted out and when the state has the will it has to be seen that it ends/ it is the primary duty of the state. When a person is wearing the cap… there can be other crimes along with hate crime… when such crimes are not acted against, then an atmosphere is fostered which is a dangerous issue and it has to be rooted out from our lives,” the bench said.

Lambasting the UP govt, the court said, “Set an example that such officers cannot get away with dereliction of duty. Then only we will come at par with the developed nations.” Justice B V Nagarathna said, “Mindset of the police also… someone who is coming to lodge an FIR cannot be treated in a disparaging manner… They should not be made the accused just because they have come to register the FIR.”

While directing the state to file an affidavit mentioning the FIRs that have been filed against the gang involved for indicating the time when the accused were apprehended and bailed out. The apex court said, “Be it a minority or majority, there are certain rights that are inherent in human beings. You are born in a family and raised in one but we stand out as a nation. You have to take this seriously. Our

country permits that and that is the diff between a theocratic state and a secular state. India stands out.”

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SC issues notice in a habeas corpus plea by a lesbian couple challenging HCs direction of sending one of them to attend a counselling session. The bench has stayed the HC order and has asked the girl’s parents to produce her before a family court for interaction with SC eCommittee. Apex court also sought a report on whether she is being kept in an illegal appointments.

Plea on Sikkimese Nepalis to be heard

Amid protests in Sikkim over a remark in an SC judgement indicating that all Nepalis settled in Sikkim are of “foreign origin”, the apex court has agreed to hear a plea seeking modifications in the judgment by way of removal of such observation. The Centre through the Ministry of Home Affairs has also filed a plea seeking a review of the ruling.

-TNIE

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