.Hate speech will be prosecuted equally, no matter the faith

Syllabus: Structure, organization and functioning of the Executive and the Judiciary

Why in NEWS

The Supreme Court on Friday said that instances of hate speech would be prosecuted equally, no matter the faith of the offender.

Freedom to speech

  • Article 14 of the Constitution of India guarantees equality before the law and equal protection of the laws to all persons within the territory of India. It states:
  • The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
  • This means that no person shall be discriminated against on the basis of their race, caste, religion, sex, place of birth, or any other irrelevant factor.
  • The State is also prohibited from making any law that discriminates against any person on any of these grounds.
  • Article 14 has been interpreted by the Supreme Court of India to mean that the State must treat all persons equally, unless there is a reasonable classification that justifies differential treatment.
  • For example, the State can make laws that discriminate on the basis of age, such as laws that set a minimum age for voting or driving.
  • However, such laws must be reasonable and must be justified by a legitimate government interest.
  • Article 14 has been used to strike down a number of laws that discriminated against certain groups of people.
  • For example, the Supreme Court struck down a law that prohibited the marriage of Hindus and Muslims.
  • The Court held that this law violated Article 14 because it discriminated on the basis of religion.
  • Article 14 is a fundamental right that is essential for a just and democratic society.
  • It guarantees that all persons will be treated equally before the law, regardless of their background or circumstances.
  • This right has helped to protect the rights of minorities and marginalized groups in India.

Here are some examples of how Article 14 has been applied in India:

  • The Supreme Court struck down a law that discriminated against women by giving them a lower age of retirement than men.
  • The Supreme Court struck down a law that discriminated against people with disabilities by denying them the right to vote.
  • The Supreme Court struck down a law that discriminated against transgender people by denying them the right to marry.

These are just a few examples of how Article 14 has been used to protect the rights of all people in India. This right is essential for ensuring that everyone is treated equally under the law, regardless of their background or circumstances.

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