India's Supreme Court Says Lack of Enforcement of Existing Laws Is At Root of Hate Speech Problem

In Sangathan v. Union of India, (India Sup. Ct., March 12, 2014), a 3-judge bench of the Supreme Court of India refused to issue specific orders for authorities to take action against hate speech by political and religious leaders. Among the requests in the Public Interest Lawsuit was for the court to order suspension of legislators who engage in hate speech and de-recognition of their political parties. However the court concluded that current laws already provide sufficient remedies against hate speech:

The root of the problem is not the absence of laws but rather a lack of their effective execution. Therefore, the executive as well as civil society has to perform its role in enforcing the already exiting legal regime.

The court encouraged the Law Commission to consider defining "hate speech" and make recommendations to Parliament for it to strengthen the Election Commission's powers to curb hate speech. Outlook India reports on the decision.