Case Note & Summary
The Supreme Court of India, in a combined proceeding, dealt with a batch of writ petitions, special leave petitions, and contempt petitions invoking Article 32 of the Constitution. The petitioners sought directions to the Union of India to examine and strengthen the legal framework governing hate speech and rumour-mongering, particularly in the context of the COVID-19 pandemic. The petitions highlighted incidents where public speeches allegedly targeted specific religious minorities, insinuating they were responsible for spreading the virus. Reliance was placed on the 267th Report of the Law Commission of India, which recommended amendments to criminal law, including provisions on incitement to hatred. The court framed four core issues for consideration: first, whether it can create or expand criminal offences in the absence of legislative action; second, whether existing substantive criminal law adequately covers hate speech; third, whether criminal procedural law provides effective remedies for non-registration of First Information Reports; and fourth, whether a continuing mandamus is warranted. The court also dedicated a section to the constitutional value of fraternity and the concept of vasudhaiva kutumbakam. The provided text ends mid-sentence during the recitation of reliefs sought in one of the petitions and does not contain the court’s analysis, reasoning, or final decision.
Issue of Consideration
Whether existing legal framework adequately addresses hate speech and rumour-mongering; whether courts can create criminal offences; whether continuing mandamus is warranted
Case Details
2026 LawText (SC) (04) 119
Writ Petition (Civil) No. 943 of 2021 and connected matters
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Nature of Litigation
Public interest litigation combined with multiple writ petitions under Article 32 seeking directions to the Union of India to legislate on and regulate hate speech and rumour-mongering.
Remedy Sought
Petitioners sought mandamus to examine international laws on hate speech, implement Law Commission Report No. 267, and take steps to curb communalised speech during the COVID-19 pandemic.
Filing Reason
Alleged increase in hate speech and rumour-mongering targeting religious minorities during the COVID-19 pandemic, and perceived inadequacy of existing legal framework.
Issues
Whether this Court can create or expand criminal offences in the absence of legislative action?
Whether the existing field of substantive criminal law adequately deals with offences relating to hate speech, or the field is legislatively unoccupied?
Whether the existing framework of criminal procedural law provides adequate and efficacious remedies to address the grievances raised by the petitioners, particularly in cases of non-registration of a First Information Report?
Whether a continuing mandamus is warranted in the present case?
Judgment Excerpts
The jurisdiction of this Court has been invoked under Article 32 of the Constitution of India by way of the present writ petitions seeking, inter alia, appropriate directions to the respondent-Union of India to examine the existing legal framework governing ‘hate speech’ and ‘rumour-mongering’.
Procedural History
Multiple writ petitions, special leave petitions, and contempt petitions were filed in the Supreme Court and tagged together for common hearing. The matters were listed before a bench presided over by Justice Vikram Nath.
