“Hate Speeches Inflicts Severe Damages to the Fabric of Society” Dr. Kota Neelima & Sangeeta Tyagi Seeks to Intervene in Sudarshan TV Case
(Judicial Quest News Network)
Another Intervening Application is filed in Supreme Court by Dr. Kota Neelima a renowned author and researcher and Sangeeta Tyagi, wife of late Rajive Tyagi (National Spokesperson of Congress) in the on-going case against Sudarshan TV.
Sudarshan TV had telecast a show with a tag line UPSC Jihad based on the alleged infiltration of Muslims in the Civil Services.
The Application states that the show hosted by Editor-in-Chief Suresh Chauhake is “emblematic of a larger, insidious malady “which has infected the electronic media of TV Anchors of the Country.
The Application is filed through Advocate Sunil Fernandes.
Mentioning on the above the Application states that “The Applicant No. 1 – Dr. Kota Neelima is a renowned Author, Researcher and Political Scientist based in New Delhi. She holds a doctorate (Ph.D.) in Political Science from the University of Delhi (DU) and a Master’s Degree in International Relations from the Jawaharlal Nehru University (JNU), Delhi. She writes on Electoral Reforms, Perception and Democratic Deficit, with special focus on Farmer Suicides and Rural Distress and has also worked as a Political Editor for The Sunday Guardian Newspaper. As a Principal Correspondent with ‘The Indian Express’, Dr. Kota Neelima reported on Politics, and Policy in India. She was a Senior Research Fellow at The Paul H. Nitze School of Advanced International Studies (SAIS), Johns Hopkins University, Washington, DC. She is also the founder of the Institute of Perception Studies (IPS) in New Delhi, which undertakes research into the role of perception in electoral democracies, the nature and transformations of the public sphere and the interventions that can mainstream peripheries. The Institute of Perception Studies has also been analysing Television News Debates, under the initiative, Rate The Debate (RTD) – a factual and an objective research-based study of the Television News Debates in India. She is the wife of Shri Pawan Khera, who is presently the National Spokesperson of Indian National Congress (INC)”.
The Applicant No. 2 – Smt. Sangeeta Tyagi is the wife of the Late Shri Rajiv Tyagi (National Spokesperson of the INC). The Late Shri Rajiv Tyagi was an unfortunate victim of a ‘Hate Speech’ during a TV Debate on Aaj Tak New Channel on 12.08.2020 at 5 p.m. when during a discussion of violence in Bengaluru, he was repeatedly vilified as “Jaichand” (a pejorative metaphor used these days to demonize somebody from the Hindu faith who does not subscribe to the right wing fundamentalist ideology). Consequently, the Late Shri Rajiv Tyagi suffered a fatal heart attack on the same day immediately after the debate from which he could not recover and passed away soon thereafter. Thus, the Applicant No. 2 has witnessed and suffered the irredeemable consequences of “Hate Speech”.
The Intervenor states that none of the existing laws in India define the term “Hate Speech” Use of Strong, Offensive, Pejorative words, spoken or written against an individual or a group;
With an intent to demonize, de-legitimize, vilify, discredit, incite violence, hatred, lynching etc. against the said individual or a group by the public at large;
Based on the said individual’s or group’s socio-political or ideological affiliation, religion, race, caste, gender, ethnicity or any other distinguishable or unique feature, which would be a variance to the entity peddling the “Hate Speech”.
The intervenors states that “Colonization of the democratic deliberative space on the media by vested interests.
Dr. Kota Neelama has endeavored to research and study this “Malady” & has developed an independent, factual and an objective research-based study of the Television News Debates known as Rate the Debate (“RTD”) aim of the study to highlight the above-mentioned narrative.
“The intervenors have submitted that The Applicants most respectfully implore and urge this Hon’ble Court not to give the benefit of Article 19 of the Constitution of India – Freedom to Speech and Expression to such TV Anchors and purveyors/peddlers of “Hate speeches”. Any protection under Article 19 of the Constitution of India to such TV Debates / TV Anchors is destructive of not only of Article 19 itself, but of our very constitutional edifice.”
According to the suggestions given in the Application it is said that “The time is ripe for this Hon’ble Court to take judicial notice of those TV Debates/ TV Anchors peddling “Hate Speeches” under the garb of Article 19 of the Constitution of India and pass appropriate directions under Articles 32, 141, 142, 144 of the Constitution of India to combat this over-arching menace till such time that a suitable law is enacted by the Legislature.”
It is further submitted that the Four Anchors Amish Devgan,Arnab Goswami,Anjana Om Kashyap and Anand Narshiman always supports the government narrative and discredit, demonize and vilify the voices of the opposition or dissenters.
The intervenors have suggested the court that take a judicial notice of those TV debates/TV Anchors peddling hate speeches under the garb of Article 19 of the Constitution of India and pass appropriate directions under Article 32,141,142,144 of the Constituting of India to combat this over-archingmenace till such time that a suitable law is enacted by the legislature.
“A committee can be constituted for the time being which will be aimed to develop norms for mandatory discussions on chosen topics that reflect the concerns in the Constitution of India in order to establish a healthy atmosphere in the Country. It shall strive to develop a mechanism which will have a rating system for the TV Anchors and News Debates, so as to ensure that News Debates are democratic and fair, and do not pander to divisive agenda.”
