NEW DELHI: Holding that it is the most fundamental duty of a secular state to protect its citizens irrespective of their religious beliefs, the Supreme Court on Monday said governments must show “absolutely zero compromise” on hate crimes and expressed displeasure over the UP government for its reluctance to register a criminal case for robbery and hate crime on the complaint of a senior citizen who alleged that he was abused because of his religion.
Noting that the alleged incident happened in Noida in July 2021 but FIR was lodged only on January 15 this year, just two days after the court asked the state to place before it the case diary, a bench of Justices K M Joseph and B V Nagarathna said there was lack of will on the part of the state to prosecute the culprits. The court observed that the state police instead of acknowledging the problem tried to “sweep it under the carpet”.
Though additional solicitor general K M Nataraj, appearing for the state, accepted that there was a lapse on the part of the police and a departmental inquiry had been initiated, the bench asked why stringent provisions relating to hate crime were not invoked in the FIR.
“If it is a hate crime then it has to be acted on swiftly… Each action of states must foster and augment the rule of law. It is the most fundamental duty of a state to protect its citizens. Other duties of the state like the welfare of its people come later… ,” the bench said.
Referring to an incident in Rajasthan in which a man was killed under the impression of being a member of a minority community but was later found to be from another community, the bench said governments must not tolerate any kind of hate crime. “If you ignore it then it can come around… When hate crimes are not acted against, an atmosphere is fostered, which is a very dangerous issue…,” it said.
As the state admitted its mistake, the bench said the government must act against the erring officials to set an example. It said that a message had to be sent that police officials cannot ignore complaints of hate crimes and if they refuse to lodge a complaint, they have to suffer for it. The bench said that if a person comes and says that he was targeted for “wearing a cap and for his beard then it is a very serious problem which cannot be ignored”.
Noting that the alleged incident happened in Noida in July 2021 but FIR was lodged only on January 15 this year, just two days after the court asked the state to place before it the case diary, a bench of Justices K M Joseph and B V Nagarathna said there was lack of will on the part of the state to prosecute the culprits. The court observed that the state police instead of acknowledging the problem tried to “sweep it under the carpet”.
Though additional solicitor general K M Nataraj, appearing for the state, accepted that there was a lapse on the part of the police and a departmental inquiry had been initiated, the bench asked why stringent provisions relating to hate crime were not invoked in the FIR.
“If it is a hate crime then it has to be acted on swiftly… Each action of states must foster and augment the rule of law. It is the most fundamental duty of a state to protect its citizens. Other duties of the state like the welfare of its people come later… ,” the bench said.
Referring to an incident in Rajasthan in which a man was killed under the impression of being a member of a minority community but was later found to be from another community, the bench said governments must not tolerate any kind of hate crime. “If you ignore it then it can come around… When hate crimes are not acted against, an atmosphere is fostered, which is a very dangerous issue…,” it said.
As the state admitted its mistake, the bench said the government must act against the erring officials to set an example. It said that a message had to be sent that police officials cannot ignore complaints of hate crimes and if they refuse to lodge a complaint, they have to suffer for it. The bench said that if a person comes and says that he was targeted for “wearing a cap and for his beard then it is a very serious problem which cannot be ignored”.
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