SHAHEEN ABDULLA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Kapil Sibal, learned senior counsel for the petitioner.

(2.) The complaint which has been raised in the instant writ petition appears to be very serious. It relates to the growing climate of hate in the country. This is attributable according to the petitioner to an unending flow of what is described as hate speeches being made by various persons against the Muslim community. The instances are chronicled, though in an abridged form, in the writ petition. The complaint of the petitioner is one of despondency and angst arising from the perception that despite suitable provisions in penal law being available, there is inaction or rather total inaction.

(3.) The Constitution of India envisages Bharat as a secular nation and fraternity assuring the dignity of the individual and unity and the integrity of the country is the guiding principle enshrined in the Preamble. There cannot be fraternity unless members of community drawn from different religions or castes of the country are able to live in harmony. The petitioners points out that there are appropriate provisions such as Ss. 153A, 153B, 505, and 295A of the Indian Penal Code. He voices his concern that no action has been taken even after this Court has been approached in the matter and the transgressions have only increased.