Source: Supreme Court

Why in News?

Recently, a division bench of Justices Abhay S Oka and Ujjal Bhuyan held that merely because a few individuals may develop hatred or ill will, it will not be sufficient to attract Section 153-A of the Indian Penal Code, 1860 (IPC).

• The Supreme Court held this in the case of Javed Ahmad Hajam v. State of Maharashtra & Anr.

What was the Background of Javed Ahmad Hajam v. State of Maharashtra & Anr. Case?

• The case involves an appellant, a Professor at a college in Maharashtra, who faced charges under Section 153-A of the IPC due to messages posted on his WhatsApp status.
• The messages criticized the abrogation of Article 370 and extended wishes to Pakistan on its Independence Day.
• The state registered a First Information Report (FIR) based on these messages, leading the appellant to file a writ petition for quashing the FIR.
• The High Court dismissed the petition to quash FIR, leading to an appeal before the Supreme Court.
• The appellant's messages were deemed objectionable, particularly by the state government, as they allegedly promoted disharmony.
• The High Court found some parts of the messages to be offensive under Section 153-A of the IPC, although it deemed others innocuous.

What were the Court’s Observations?

• The SC examined the applicability of Section 153-A of the IPC to the appellant's case.
• It emphasized that the law requires intention to promote enmity or hatred among groups, and the messages in question did not meet this criterion.
• The Court highlighted the importance of freedom of speech and expression guaranteed by the Constitution of India, 1950, subject to reasonable restrictions.
• The Court held that the appellant's messages, although critical of certain governmental actions, did not incite hatred or disharmony among groups.
  • It reasoned that expressions of dissent and criticism are integral to democracy and should be protected.
• The Court also emphasized that goodwill gestures, such as extending wishes to Pakistan on its Independence Day, do not constitute promoting disharmony.
• Hence, the SC allowed the appeal.

What are the New and Old Law Related to Promoting Enmity Between Different Groups?

• Old Law: Section 153A of the IPC:
  • This section pertains to the promotion of enmity between various groups based on religion, race, place of birth, residence, language, caste, or community.
  • Prohibited Actions
    • Promotion of Disharmony:
      • By words (spoken or written), signs, visible representations, or otherwise, promoting or attempting to promote disharmony or feelings of enmity, hatred, or ill will between different groups.
    • Acts Prejudicial to Harmony:
      • Committing acts prejudicial to the maintenance of harmony between different groups, disturbing or likely to disturb public tranquility.
    • Organizing or Participating in Activities Involving Criminal Force or Violence:
      • Organizing or participating in exercises, movements, drills, or similar activities with the intention or knowledge that participants may use criminal force or violence against any group, causing fear, alarm, or insecurity among members of that group.
  • Penalties
    • Imprisonment: Up to three years, or
    • Fine, or
    • Both
  • Offences in Places of Worship or Religious Assemblies
    • Committing the aforementioned offences in any place of worship or assembly engaged in religious worship or ceremonies carries harsher penalties:
    • Imprisonment: Up to five years
    • Fine: As determined by the court
• New Law: Section 196 of Bharatiya Nyaya Sanhita, 2023 (BNS):
  • Section 196 of BNS addresses same concerns as addressed under Section 153A of IPC but extends to include electronic communication as a means of promotion, covering a broader spectrum of communication methods.