As many as 101 women lawyers on Thursday urged Chief Justice of India D.Y. Chandrachud to take immediate steps against those spewing communal hatred and calling for the economic boycott of certain communities in Nuh and other violence-affected places in Haryana.
In a letter petition addressed to the CJI, the Delhi High Court Women Lawyers Forum, through advocate Manali Singhal and others, sought “urgent and expeditious” directives to the Haryana government to prevent hate speech and take action against those who have perpetrated it. The forum said such incidents were in violation of the directives repeatedly issued by the Supreme Court for action against perpetrators of hate speech and violence.
Some panchayats in Haryana had issued diktats barring “Muslims or miscreants” from doing business or hawking in their areas in the aftermath of the riots in Nuh and Gurgaon.
The forum complimented the August 7 suo motu directives issued by Punjab and Haryana High Court staying illegal demolitions by the Haryana government after the riots.
The lawyers expressed concern about whether buildings belonging to a particular community were being brought down under the guise of law-and-order problems.
The forum sought the issuance of the following directives to the Haryana government:
■ Promote an environment of dignity and liberty for citizens of all religions in Haryana and fraternity between communities by announcing programmes that highlight inclusion and awards for acts of communal harmony.
■ Take steps in accordance with the directives of the Supreme Court to prevent incidents of hate speech.
■ Track and ban videos that threaten harm to any community/ places of worship or urge the economic boycott of any community.
■ Take immediate action against persons found responsible for committing acts of hate speech.
Some of the signatories to the letter are Manali Singhal, Miriam Fozia Rahman, Kirti Singh, Malavika Rajkotia, Nandita Rao, Zeba Khair and Mahjabeen.
The letter petition said: “The State has a sacrosanct duty to protect its people from unruly elements and perpetrators of vigilantism, with utmost sincerity. Specific guidelines have been issued with regard to both the Central Government and the State Government. They include having police-patrolling in sensitive areas so that anti-social elements involved in crimes related to mob violence against any caste or community remain within the boundaries of law and indeed, fear taking the law into their own hands.”
“The State and Centre are required to broadcast on radio, TV and other media as well as their official platforms that such violence shall invite serious consequences. They are also required to curb and stop the dissemination of information of irresponsible and explosive messages, videos and other material that may have a tendency to incite mob violence of any kind.
“The police are required to register FIRs… against persons who disseminate such messages, videos and other material. Nodal officers are required to be designated for information and action. Such cases require to be fast-tracked and preferably concluded within six months. Compensation, where required, is to be granted within 30 days. Failure of the district administration must be seen as an act of deliberate negligence,” it added.
The forum recalled the directives issued by the apex court in the Tehseen Poonawala case, making it clear that action must be taken irrespective of the religion of the person delivering the hate speech or engaging in violence. The forum pointed out that the secular character of India must be preserved and protected.
Despite such repeated guidelines and directives, the incidents of hate speech in Nuh and other districts had revealed a comprehensive failure on the part of the Haryana administration and the police to implement preventive measures, as well as to have appropriate responsive measures during and after the incidents of hate speech, the petition said.
