गोपी कृष्ण
गोपी कृष्ण

@gopimaliwal

6 Tweets 1 reads May 03, 2023
How abt u 1st define "hate speech", JOLs?
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Pioneer edit:
SC has directed all states n UT's to act suo motu on hate speech. So, now cops will be duty-bound to act on their own n w/b held in contempt for failure to act.
dailypioneer.com
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SC’s concern for decency n decorum in public life is laudable but there c/b unintended consequences. Most imp is further empowerment of govt n police - govt decisions n police action are often also guided by political purposes.
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most imp issue: it is none of JOL business!
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Law n order is a state matter. There hv been many instances in which police invoked 296A n 153A of IPC to register criminal cases agnst politicians n others opposed to respective state govt. A criminal case is not a just threat to one’s liberty but also means lot of trouble.
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engage lawyer, get bail, arrange a person competent enough to offer surety, appear personal on every date, n so on. As they say, process is punishment. There is even a term for such actions: strategic lawsuit agnst public participation or SLAPP.
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Idea is not to win case but to silence opponent. Latest SC direction has potential of increasing sting of SLAPP. Police w/n just listen to superiors in filing cases agnst individuals state govts don’t like but also not take note of hate speeches made by ruling party people.
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Rule of law w/degrade to rule of rulers. SC said it has taken up petitions agnst hate speeches for “larger public good” n to ensure est of “rule of law.” Unfortunately, its order w/on do that desp j's best intentions.
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Gutless govts can't tell JOLs - it is NOYB!

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