Despite legal promises, hate speech prosecutions in Maharashtra remain paralysed

In 2023, the Maharashtra government had assured the Supreme Court that it was taking action regarding alleged hate speech at rallies organised by the Sakal Hindu Samaj (SHS) across the state. This assurance was given in response to the ongoing case of Shaheen Abdullah v/s Union of India which dealt with the issue of hate speeches being delivered and inaction of the police. (Details of the case may be read here) According to the 30-page affidavit that was filed by the Maharashtra government, deputy secretary in the Maharashtra State Home department, Sanjay Khedekar has stated that since February 2023 as many as 30 FIRS have been registered in hate speech related cases in the state.  The details of the FIRs provided along with the affidavit were limited to April 2023.

The state’s affidavit mentioned that the Director General of Police had instructed all Commissioners and Superintendents of Police to take “suo moto” action whenever such speeches occurred. Out of the FIRs filed, four were against T Raja Singh, suspended BJP MLA from Telangana, two against Kajal Hindustani, one against Suresh Chavhanke of Sudarshan news and in all two against Kallicharan Maharaj alias Dhananjay Sarag. 16 out of these 30 were linked to Sakal Hindu Samaj rallies. (Details may be read here)

CJP is dedicated to finding and bringing to light instances of Hate Speech, so that the bigots propagating these venomous ideas can be unmasked and brought to justice. To learn more about our campaign against hate speech, please become a member. To support our initiatives, please donate now!

However, more than a year later, progress on these cases seems to have stalled. According to information obtained by The Indian Express through the Right to Information Act, police have yet to file chargesheets in at least 19 of the 25 cases, including all 16 related to SHS rallies. The delay is attributed to the lengthy process of securing the state government’s approval for prosecution, which is mandatory for sensitive cases under IPC Sections 153(A) (related to promoting communal enmity) and 295(A) (insulting religious beliefs). Among the 19 cases, eight involve public figures or MLAs.

Notably, this absence of accountability by the Maharashtra police authorities and government is inspite multiple petitions and interlocutory applications/interventions being filed in the Supreme Court by different sets of citizens and groups; all with the common objective of urging the Court to take pointed and prompt action against those, through use of slur, stigma and hate, inciting a climate of violence and a situation of discrimination and social communal disharmony in India. (Detailed report can be read here)

Revelations of the RTI on hate speech cases and their proceedings:

The RTI filed by The Indian Express revealed that the Maharashtra police have yet to file chargesheets in at least 19 of the 25 cases, including all 16 related to SHS rallies. Without chargesheets, legal proceedings and trials remain at a standstill. In addition to the SHS-related cases, three other FIRs — two involving caste-related charges and one related to derogatory remarks about Chhatrapati Shivaji Maharaj on social media — are also awaiting government approval for prosecution. Out of the remaining six FIRs, chargesheets have been filed in three cases that didn’t require government sanction, including those involving comments against Chief Minister Eknath Shinde and damage to a statue of Shivaji Maharaj. One FIR concerns a non-cognizable crime, and the details of the other two FIRs are not known.

RTI records also revealed that in 2023, only 18 FIRs related to hate speech were sent for prosecution sanction, with just one in 2024. Of these, only one proposal for sanction, related to an SHS rally from Kranti Nagar police station in Chhatrapati Sambhaji Nagar, is currently pending with the Home Department. Investigating officers claimed that they had submitted sanction proposals for 19 cases, but a senior Home Department official attributed the discrepancy to bureaucratic delays.

The process of securing prosecution approval in sensitive cases can take six to eight months after an FIR is filed, according to officials. Senior police officers first vet the proposals to ensure all necessary documents are in place, followed by a review by a committee. If the committee agrees that an offence has been made out, the case is forwarded to the Home Department for final approval. Once government approval is granted, a chargesheet can be filed, and the case can proceed to trial. Delays often occur when police fail to include the required documents; for instance, an application for prosecution sanction was once submitted for an FIR registered as far back as 2014, a Home Department official revealed.

The IE report provides that when asked for a response, Maharashtra Deputy Chief Minister Devendra Fadnavis, who oversees the Home Department, said, “We will take decisions in accordance with the law.” A senior officer from the Maharashtra police explained that there were no delays on their part and that any missing documents in prosecution sanction requests were flagged to the relevant officers. Four of the 19 cases are still under review by senior police officials, according to sources as mentioned in the IE report.

CJP’s efforts to monitor, track and report instances of hate speech in Maharashtra:

Since July 1, 2024, India has seen the implementation of three new criminal laws, repealing the Indian Penal Code (IPC) 1860, the Code of Criminal Procedure (CrPC) 1973, and the Indian Evidence Act 1872. Despite these legislative changes, the Bharatiya Nyaya Sanhita (BNS) 2023, which replaced the IPC, fails to address the growing menace of communal hate speech adequately. Key sections like 153(A) (promoting enmity between different groups) and 295(A) (insulting religious beliefs) from the old IPC remain in the new framework, now under BNS Sections 196 and 298, respectively. Critically, the need for state government approval to prosecute hate speech offenders remains unchanged, resulting in lengthy delays in cases where permission is required. (Detailed report can be read here.)

While these legal provisions remain structurally intact, they have proven insufficient in curbing the rise of hate speech in India. The Supreme Court has consistently urged the government to address the increasing frequency of communal hate speech in public discourse, including media platforms. Since 2022, the Court has called upon both central and state authorities to prevent such speeches, issuing directives in cases where hate speech has not been treated as a serious criminal offense. However, the word “Hate Speech” has not even been squarely defined in the new Indian criminal law.

An illustrative case occurred on February 9, 2024, when the Bombay High Court demanded that the Maharashtra government submit an affidavit outlining the measures it takes in hate speech cases. The court was hearing a petition by human rights activist Shakir Tamboli, who sought judicial intervention against Bharatiya Janata Party (BJP) leader Vikram Pawaskar. Pawaskar had allegedly delivered hate speeches and was linked to an attack on a mosque in Satara in September 2023. Despite two FIRs being registered against him, no action had been taken. Tamboli’s petition also called for Pawaskar’s prosecution and arrest, as well as the transfer of the case to a special investigation team monitored by the court. The incident highlighted both the legal and political reluctance to confront hate speech, especially when associated with prominent political figures. (Details can be read here)

In a parallel development, the Sakal Hindu Samaj (SHS), a coalition of pro-Hindutva groups like the Hindu Janajagruti Samiti, Shiv Pratishthan, and Sanatan Sanstha, has been organising communal rallies across Maharashtra since November 2022. These rallies, often branded as “Hindu Jan Aakrosh Morchas,” have become increasingly prominent as the state prepares for its Assembly elections later in 2024. Beginning again in August 2024, these marches have been reintroduced after a brief pause, following directives from the Rashtriya Swayamsevak Sangh (RSS), the ideological parent of the BJP. The rallies involve participants clad in saffron attire, marching through cities and towns while delivering speeches that target the Muslim community under the guise of opposing “love jihad,” “land jihad,” and disputes related to Waqf land.

Despite assurances that the morchas are non-political, BJP leaders like Nitesh Rane and Gopichand Padalkar have taken on key coordinating roles at these events. Rane, a frequent offender with numerous hate speech FIRs to his name, has claimed that the morchas are driven by Hindus who feel the need to unite in defence of their religion. However, Rane has also implied that the BJP, by aligning itself with the interests of Hindus, stands to gain electorally from the growing polarisation. While the rhetoric of these rallies claims to have no political motive, it is clear that they are designed to consolidate the pro-Hindutva vote bank ahead of the elections. Right-wing organisations like the Vishwa Hindu Parishad and Sanatan Sanstha had organised similar rallies in 2023, in the lead-up to the inauguration of the Ram Temple in Ayodhya, with many of these events escalating into violent confrontations.

Citizens for Justice and Peace (CJP) has been actively monitoring the rise of hate speech through its Hate Watch program. CJP has documented numerous instances where inflammatory speeches made during these rallies have stoked communal tensions, sometimes resulting in targeted violence against minorities. As the next stage, CJP has filed multiple complaints with the police and statutory bodies such as the National Commission for Minorities (NCM), the News Broadcasting & Digital Standards Authority (NBDSA), and others, urging pre-emptive action to prevent hate speech from escalating into violence. Despite these efforts, action against perpetrators remains slow and inadequate, often hampered by bureaucratic hurdles and political complicity.

CJP has also highlighted the growing role of social media in amplifying hate speech. Through the use of troll armies and the algorithms of major social media platforms, hate speech is spread quickly and widely, further deepening communal divides. Platforms have often been criticised for their failure to curb the virality of such content, driven by their pursuit of profit and market share.

Since the resumption of the Hindu Jan Aakrosh Morchas in August 2024, CJP has intensified its efforts, submitting complaints to the police and other authorities, urging both pre-emptive and post-event actions against hate speech offenders. CJP’s ongoing legal battle for accountability includes challenging the reluctance of police to register FIRs and demand prosecution sanctions, which, as seen in the SHS cases, remain stuck in legal limbo for months. These rallies, which were once an anomaly in Maharashtra’s history of tolerance and coexistence, now threaten to disrupt the social fabric of the state ahead of the 2024 Assembly elections.

Through its comprehensive efforts, including the release of a Hate Speech Handbook, CJP continues to push for legal accountability and public awareness around the damaging effects of communal hate speech. As Maharashtra braces for a contentious electoral season, the responsibility to prevent communal violence rests squarely on the shoulders of both the state and central governments, as well as civil society organisations committed to justice and peace. (CJP had also released a Handbook on the same, may be referred here)

Following are the details of the events that took place and the number of complaints sent by CJP:

The complete table with all the events organised in Maharashtra since December 2022 can be viewed below:

Related:

Hindu Jan Akrosh rally in Mumbai sees conspiracy theories being peddled against Muslims

Multiple hate speeches emerge from Gujarat, Bihar, and West Bengal, sparking concerns, CJP files complaints

Modi’s government bypasses SC & Law Commission, no nuanced, strong penal sections on Hate Speech: BNS, 2023

Did hate speech deliver victories for the BJP? A constituency-wise analysis