The LexGaze Weekly - HOPE

"The Supreme Court's firm response to communalism"

Yamika Khanna

Issue 14 | September  20, 2020

The Supreme Court recently passed an order restraining Sudarshan TV News from telecasting the remaining episodes of 'Bindas Bol', a show primarily concerning Muslims clearing their UPSC examinations. The bench noted that the intent, objective and purpose of these episodes have been to vilify the Muslim community.


The Court took note of the arguments made by Advocate Gautam Bhatia, asserting that "Hate speech undermines the idea of a free marketplace of ideas. The targeted community is deprived of the opportunity to respond or defend."


Furthermore, the Court in its order asserted that "The edifice of a stable democratic society under a regime of constitutional rights and values is founded on the co-existence of communities. India is a melting pot of civilizations, cultures and values. Any attempt to vilify a community must be viewed with great disfavour by this court which is a custodian of constitutional rights."


Hon'ble Justice Chandrachud went on to recognise the adverse portrayal of a community in particular by observing that "This program was so insidious. Citizens from a particular community who go through the same examinations and get interviewed by the same panel. This also casts aspersions on the UPSC examination. How do we deal with these issues? Can this be tolerated?"


As the Court passed a restraint order, it has rightly fulfilled its duty as the custodian and protector of the Constitution and has also sent a strong message against hate speech and communalism.


HOPE PLUS

  • The Supreme Court issued a notice stating that a workshop focusing on Mental Health Awareness would be organised for advocates, litigants and registrars.

  • The Supreme Court approved the decision of the West Bengal National University of Juridical Sciences (WBNUJS), Kolkata to not apply the benefit of 30% domicile reservation to the academic year 2019-2020.

  • The Supreme Court noted that the punishment of dismissal is not disproportionate to corrupt employees.

  • Delhi High Court directed Arnab Goswami to exercise restraint and 'bring down the rhetoric' as the bench noted that "media can't run a parallel trial"

  • The Supreme Court observed that even in cases where death occurs due to single stab injury, Section 302 of the Indian Penal Code ie: Murder can be attracted.

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