this Supreme Court Wednesday said existing legal provisions were sufficient to address hate speech crimes but declined to issue further instructions on the matter as it fell within the jurisdiction of the legislature.A bench of Justices Vikram Nath and Sandeep Mehta delivered the judgment on a batch of petitions seeking direction and guidelines to address the issue of hate speech.“The provision of punishment falls entirely within the ambit of legislation. The constitutional system based on the principle of separation of powers does not allow the judiciary to create new offences,” the Supreme Court said, adding that there was no legislative vacuum to warrant seeking intervention.The court, however, urged the Center to examine the need for new legislation to address hate speech in light of the changing social environment.While refusing to issue the directions sought in the petition, the bench noted that existing criminal laws already cover offenses related to hate speech.“This Court’s precedents have unanimously confirmed that while the Constitutional Courts can interpret laws and issue directions to ensure the implementation of fundamental rights, they cannot legislate or compel legislation,” the judge said.The bench said that in view of the evolving social challenges, the Center and other competent legislative bodies will be open to consider whether additional legal or policy measures are required, including making appropriate modifications as recommended in the Law Commission Report No. 267 of March 2017.
