New Delhi: Supreme Court said on Wednesday that there was no legal vacuum to justify its intervention in dealing with the issue of hate speech and that the existing criminal law framework was sufficient to address the issue.However, a bench of Justices Vikram Nath and Sandeep Mehta said the government could call for changes in the law to deal with the menace in view of “social changes”.The Supreme Court’s ruling came in response to a batch of petitions seeking action against those involved in hate speech and establishing mechanisms to deal with such incidents. “It is a mistake to think that the field of hate speech remains legislatively unoccupied,” the judge said.Courts cannot legislate, only enforce rights: SCWhile we decline to issue directions of the nature sought, we deem it appropriate to observe that the issues related to hate speech and rumour-mongering are directly related to the maintenance of brotherhood, dignity and constitutional order,” the Supreme Court bench said.The Court emphasized that the constitutional scheme based on the principle of separation of powers does not allow the judiciary to create new crimes or expand the scope of criminal liability through judicial directives.“This Court’s precedents have unanimously confirmed that while constitutional courts can interpret laws and issue directions to ensure the implementation of fundamental rights, they cannot legislate or compel legislation,” the report said.
