HC DISPOSES OF PLEA TO CHARGE MLAS WITH HATE SPEECH

Why in the news?

  • The Enforcement Directorate (ED) appealed to the Supreme Court against the Jharkhand High Court’s decision to grant bail to Chief Minister Hemant Soren.
  • Mumbai Police argued that terms like Rohingya, Bangladeshis, and jihadis do not target any specific community or religion in India, hence Section 295A of the IPC was not invoked.
Source: ADR

Court’s Decision:

  • The Division Bench noted that most of the petitioners’ requests were already fulfilled and agreed with the police’s decision not to invoke Section 295A.
  • The court permitted petitioners to seek Section 295A invocation during charge framing before an appropriate forum.
About Section 295 A

  • Section 295A of the IPC outlines the limits of free speech regarding religious offenses.
  • It prescribes punishment for deliberate and malicious acts intended to outrage religious feelings by insulting religion or religious beliefs.

About Rohingya Crisis:

  • The Rohingya Crisis refers to ongoing violence, discrimination, and persecution faced by the Rohingya people in Myanmar.
  • Denied citizenship since 1982, the Rohingya are not officially recognized as an ethnic group, making them one of the world’s largest stateless communities.
  • Since the early 1990s, the Rohingya have fled Myanmar multiple times due to violent outbreaks targeting their community.

Associated Article:

https://universalinstitutions.com/courts-directive-on-hate-speech/