PIL filed in SC seeking implementation of Law Commission's report on hate speech

February 27, 2020 13:56

Lawyer Ashwini Upadhyay on Thursday filed a Public Interest Litigation in the Supreme Court seeking its immediate direction to implement the Law Commission's report on alleged hate and inflammatory speech.

In 2017, the Law Commission had defined hate and inflammatory speech and suggested to add Section 153-C and 505-A of the Indian Penal Code (IPC) and Criminal Procedure Code (CrPC), on the direction of the apex court, Upadhyay's petition stated.

"Keeping in view the dreadful effects of hate speech on the dignity of an individual, fraternity, unity and national integration, the top court should order or issue a direction to the Centre, to take appropriate steps to implement the recommendations of Law Commission report, the plea said.

"Under Section 123 of the Representation of the People Act, an appeal on the grounds of religion, race, caste, community or language, and promotions of feelings of enmity between different classes constitute corrupt practice. The same can be questioned only by way of an election petition and the Election Commission cannot order the investigation even when the Model Code of Conduct (MCC) is in force," it added.

As there is no provision to challenge the corrupt practice of candidates, who lost the election. Thus, the appeal on the grounds of religion, race, caste, community or language and promotions of feelings of enmity between different classes cannot be questioned even by way of an election petition, Upadhayay said in the plea. --PTI

Image: BJP leader Kapil Mishra had given a three-day ultimatum to the Delhi Police to get the roads cleared of anti-CAA protesters. He then issued a call through a tweet urging people to gather and 'prevent another Shaheen Bagh' protest from taking place near the Jaffrabad metro station.

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