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Hate Speech

CJP moves Maharashtra Police against the Hateful and Provocative Speech delivered by Kajal Hindustani in Mudkhed, Nanded

During her speech, she propagated fake conspiracy theories about Love Jihad, Land Jihad, religious conversion, and accused Muslim citizens of trapping Hindu girls to convert them to Islam.

On July 11, 2024, Citizens for Justice and Peace has been filed a complaint to the Maharashtra Police over the provocative and hate speech delivered by social media influencer Kajal Hindustani in Mudkhed, Nanded, Maharashtra on May 4, 2024. As per the details shared by CJP in complaint, the said speech had been delivered by Kajal Hindustani at an event. Through her speech, she propagated fake conspiracy theories about Love Jihad, Land Jihad, religious conversion, and accused Muslim citizens of trapping Hindu girls to convert them to Islam. She further said that the Muslims of the country are on a mission to make India into Islamic nation by pursuing the mission of Ghazwa-e-Hind additionally, she used the derogatory term Jihadi to refer to Muslims boys, accusing them of being brainwashed to conduct fraudulent religious conversions. She with deliberate intention to disturb the long-standing harmony, urged people to boycott Muslim shopkeepers and called them demon Mahishasura.

A Gujrat resident, Kajal Shingala, who calls herself Kajal Hindustani, has been flagged multiple times for making inflammatory remarks against women and religious minorities. She has had a history of disturbing the communal harmony of India through her provocative and misinformed statements.

CJP highlighted the recent Hate Speeches delivered by her:

In the complaint filed before Police, CJP mentioned that Kajal Hindustani has strong antecedents in inciting hate and is a repeat hate offender as she has been involved in numerous cases of hate speech, and was arrested by the Gujarat police in April 2023 for delivering incendiary anti-Muslim speech at an event organized by Vishwa Hindu Parishad in Una.

On March 5 at Hindu Janakroash Morcha rally organised by Sakal Hindu Samaj in Ratnagiri, Kolhapur, she delivered a hate speech targeting Muslims, and accusing them of pursuing Ghazwa-e-Hind (battle to take over India and make it into Islamic nation). During her speech, she recalled that there are four major challenges before the country, i.e., love jihad, land encroachment, religious conversion, and drugs. Charging the religious minority of encroachment, she said, “They systematically plan all of these. They find a place, arrange 4 pieces of bricks around it, put a green cloth over it, and make it mazaar. Gradually it will take the form of Dargah, and then, when the government would talk about demolishing it, they will engage in stone pelting against the government authorities and police.” In this case, we sent our complaint to Dhananjay Kulkarni (Superintendent of Police, Ratnagiri) and M. Devender Singh (Collector, Ratnagiri) asking them to invoke IPC Sections 153A, and 505 (1) and (2).

In another video that emerged of her at an event in Nagpur organised by the same organisation on February 2 this year, she asked Hindus to socially boycott Muslims, arguing that any relation between a Hindu and a Muslim is impossible, as the latter wants to commit Ghazwa-e-Hind. In this case, we sent our complaint to Kamlakar Gaikwad (Superintendent of Police, Nagpur) and Vipin Itankar (Collector, Nagpur) asking them to invoke IPC Sections 153A, and 505 (1) and (2).

Similarly, on February 6, 2024 in a speech delivered at Shri. Shivaji High school in Navapur (Nandurbar), she urged that “Only buy groceries from Hindu brothers, only give jobs to Hindu brothers. If your Hindu brother is selling a Tomato at an expensive price than others, then buy less quantity but buy only from your Hindu brothers”, once again accusing the Muslim community of overbreeding, Ghazwa-e-Hind, and terrorism. In this case, we sent our complaint to Vinayak

Mahamuni (Sub Divisional Officer, Nandurbar) and Manisha Khatri (Collector, Nandurbar) asking them to invoke IPC Sections 153A, 505 (1) and (2).

This theme was further repeated during her speech on January 31, 2024 at an event in Jalgaon. In this case, we sent our complaint to M Rajkumar (Superintendent of Police, Jalgaon) and Ayush Prasad (Collector, Jalgaon) asking them to invoke IPC Sections 153A, and 505 (1) and (2).

The complaint also provides the recent directives issued by the Supreme Court of India in regards to curbing hate speeches, which directs the police to video tape such events that has a probability of hate speeches being delivered and then file suo-moto FIRs against the speakers and organisers and the circular issued by DGP Maharashtra in February, 2023 and May, 2023 urging strict action on Hate Speech.

CJP dispatched complaints to the Superintendent of Police (SP) and District Magistrate (DM), Nanded (Maharashtra), urging prompt action that the inflammatory and divisive speech delivered by Kajal Hindustani amounts to insightful and provocative. CJP has urged mandatory registration of FIR in incidents of Hate Speeches in compliance with the Hon’ble Supreme Court’s Order dated April 28, 2023, in which the division bench of Justice KM Joseph and BV Nagarathna in Ashwini Kumar Upadhyay v. Union of India [W.P. (C) No. 943 of 2021], directed all States/UTs to register Suo moto FIR against Hate Speech irrespective of religion. The court added that when any speech or any action takes place which attracts offences such as Section 153A, 153B and 295A and 505 of the IPC etc., suo moto action will be taken to register cases even if no complaint is forthcoming and proceed against the offenders in accordance with law.

Most crucially, we have also invoked the binding judicial orders of the Supreme Court in the Shaheen Abdullah vs Union of Indian (Writ Petition (Civil) 940/2022) which mandate the police to suo moto register cases in incidents of hate speeches, as per law.

With this substantive background and facts, CJP urged Maharashtra police to take action as per sections 196, 197 (1), 352 and 353 of the Bharatiya Nyaya Sanhita, 2023 and any other provisions of law, as deemed necessary by the police.

The Complaint can be read here:

 

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