New Delhi, Feb 6.
There is no place in a secular country for hate crimes against any religion and state governments must ensure that prompt action is taken to deal with it, the Supreme Court said on Monday.
“Hate crimes have to be rooted out,” a bench led by Justice K.M. Joseph said. Inaction on such issues is a danger to rule of law, he said. When the state has the will, they will end, he said.
“Be it the minority or the majority certain rights inhere in every human being. You are born into a family and raised as one. We have no choice on our religion, but we stand out as a nation. That is the beauty, the greatness of our nation,” Justice Joseph, who was sitting alongside Justice B.V. Nagarathna, said.
Justice Joseph was reacting to the Uttar Pradesh government tentatively filing an FIR regarding the alleged harassment of a 62-year-old Kazeem Ahmad Sherwani, an alleged hate crime in July 2021, after the court nudged it into action.
The victim had moved the Supreme Court seeking action against the perpetrators who harassed him over his religion. Responding belatedly, the state government filed an FIR after one and half years.
Expressing its anguish over this, the court said, that there was a growing consensus against hate crimes. “Solutions can be found only when you recognise the problem,” he said.
“You have to take this seriously. Will you not acknowledge that this is a hate crime and you will sweep it under the carpet?”
The man had alleged that though he approached the police he was treated like an accused and turned away. No FIR was filed.
Reacting to the allegations in his petition, the court said that such officers must not be allowed to get away with “dereliction of duty”.
“We must set an example, only then can we be at par with developed nations,” Justice Joseph said. “Someone who is going to a police station must not be made to feel like an accused.”
Eventually, the bench called on the state government to file an affidavit within two weeks bringing the FIR in the case on record.
Uttar Pradesh through Additional Solicitor General K.M. Natraj admitted lapses on the part of police and assured the court of disciplinary action against the police officers who failed in their duties.
