J&K begins consultations over framing of specific law

Mohinder Verma
JAMMU, Aug 10: Though the hate speeches by the politicians and religious leaders have the potential to disturb the basic fabric of the society and create wedge between different sections of people yet the Jammu and Kashmir does not have any specific law to check this practice. Now, on the intervention of the Apex Court of the country, the State has begun consultation on framing specific law or making explicit provision in the relevant sections of the Ranbir Penal Code.
Official sources told EXCELSIOR that any of the Sections of the Ranbir Penal Code does not have any penal provision in dealing with the politicians and religious leaders delivering hate speeches and this has come to fore during the careful examination of the RPC in the light of Supreme Court of India’s notice issued in a Public Interest Litigation (PIL) titled Pravasi Bhalai Sangathan Versus Union of India.
“Though Sections 295-A and 298 of RPC pertain to hurting religious beliefs yet the same don’t specifically cover the aspect of hate speeches by the politicians and religious leaders, which has become a matter of concern for the Apex Court of the country”, sources said while disclosing that Supreme Court has made J&K and several other States as parties in the PIL.
Moreover, a chapter in the RPC about the offences relating to elections does not have any mention about the hate speeches by the politicians and punishment for the same, sources further said in response to a question.
Disclosing that the copy of the PIL and all the orders of the Supreme Court have been handed over to the General Administration and Home Departments, they said, “the GAD has a role to play in this regard as this department deals with the policy matters of the Government while as amendment, if any, in the Ranbir Penal Code would be possible with the consent of the Home Department”.
“The GAD and Home Departments after arriving at any conclusion vis-à-vis carrying amendments in the RPC or framing new law to address the concern of the Supreme Court will submit their opinion to the Law Department”, sources said, adding “the State is also required to apprise the Supreme Court as to what steps it has planned to check hate speeches and deal sternly with those indulging in the same”.
It is pertinent to mention here that Supreme Court has stated in its previous order that hate speeches are not good for the health of the country as well as for the common people and Centre as well as States should show courage to check the same.
The petitioner has sought suspension of the membership of the politicians from the Legislature or Parliament and other elected bodies till the final disposal of the criminal proceedings initiated for delivering hate speeches and termination of the membership if found guilty in order to promote national integration and harmony amongst the citizens of the country.

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