The Supreme Court has observed that it is constitutionally impermissible for anyone, including State and non-State actors, to vilify or denigrate any community through speeches, memes, cartoons or visual art.
The apex court emphasised that this mandate becomes even more critical when individuals holding high constitutional posts, such as ministers, engage in such conduct. “Cultivating a sense of brotherhood and respecting fellow citizens irrespective of caste, religion or language is a constitutional dharma each one of us must follow,” Justice Ujjal Bhuyan observed.
These remarks come days after a bench led by Chief Justice of India Surya Kant dismissed a petition seeking an FIR against Assam Chief Minister Himanta Biswa Sarma for alleged hate speech. The court had directed the petitioners to approach the Gauhati High Court with their grievances.
The matter gained traction following the release of a now-deleted video by the state Bharatiya Janata Party (BJP) unit, which purportedly showed the Chief Minister pointing a gun at two men from the Muslim community. While Sarma maintained he was unaware of the video and asserted that his remarks remained within the constitutional framework, the court’s observations highlighted the specific responsibilities of public office holders.
Contradicting the Supreme Court ruling, Justice Bhuyan stressed that those in high constitutional offices must refrain from targeting any community on the basis of religion, caste, language or region, underlining that such actions run contrary to the spirit of the Constitution.
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