In Brief
A batch of writ petitions sought directions to establish comprehensive laws against hate speech and rumour-mongering during the COVID-19 pandemic. The Supreme Court dismissed the petitions, holding that creating criminal offences belongs exclusively to Parliament. The Court found existing laws—including provisions penalizing communal enmity, religious outrage, and public disturbance—already cover hate speech adequately. The problem lies in enforcement, not legislative vacuum. The Court clarified that prior government sanction is required only when courts take cognizance, not during police investigation. It declined to issue continuing judicial oversight, emphasizing separation of powers and the constitutional framework's sufficiency.
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