Need for More Public Interest Litigation and Charging of Politicians for Hate Crimes


 Why is there a gag order on Yogi Adityanath’s hate speech trial in Allahabad? What is the public interest in covering up these crimes? The hate speeches by Yogi Adityanath were the precursor to extra judicial killings by the Uttar Pradesh Government once he became Chief Minister.  Police encounter killings were not only threatened but carried out. In his speech during electioneering in Ghaziabad Municipal elections the Chief Minister of Uttar Pradesh Yogi Adityanath said that “We will make life difficult for criminals. They will have only two places to go: either they will be sent to jail, or they will be killed in police encounters.” The hate speech is uploaded on the internet at the following link The offending incitement is at around 16.25 minutes. He should have been arrested for breach of the peace and apprehended danger.

Why did his hate speech not land the Chief Minister in jail?  I have no idea. Because India is under fascist rule? Candidates with hate-speech cases against them were three times more successful in elections compared to those without a criminal record, according to an IndiaSpend. The constitution of the country will stay in this decrepit condition irreversibly unless we prevent criminals standing in elections.

Section 153A of the Indian Penal Code Act 45 of 1860 punishes whoever by words..promotes ..on any.. ground whatsoever, disharmony or feelings of enmity, hatred or ill will between communities, or ..commits any act which is prejudicial to the maintenance of harmony …or is likely to disturb the public tranquillity, or.. organizes any exercise.. or other similar activity intending that the participants in such activity shall use or be trained to be use criminal force or violence …against any .. community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feelings of insecurity amongst members of such .. community, .. with imprisonment which may extend to three years , or with fine, or with both.

As seen in the video, Adityanath, by spoken words, promoted on the grounds of wishing to publicise the fact that he must have organized an exercise or other similar activity intending that the police shall use or be trained to be use criminal force or violence through police encounters with suspected criminals. His words cause fear and alarm and feelings of insecurity amongst suspected criminals but more than that amongst the public too. How can we be free of fear if the police can come and shoot us on mere suspicion? The Chief Minister in the video made a public statement implying that the police through this plan would deprive suspected criminals of their right to a trial. And this is indeed what happened. In the first six months of the Adityanath Government, 420 encounters took place and 15 people were killed without due process of law. Yogi Adityanath thus not only used hate speech under Section 153A IPC but also broke the law under Section 153B of the Indian Penal Code Act 45 of 1860 that covers imputations, assertions prejudicial national integration namely because by spoken words he asserts, counsels, advises, propagates ..that ..a community be denied or deprived of their rights as citizens of India.  Adityanath on the face of it thus seems to have committed the crime of hate speech. And then there are the 15 encounters themselves. Who is going to be put behind bars for those crimes of depriving 15 citizens of India to the right to a fair trial? Yogi Adityanath should be tried for the crime of extra-judicial killing of suspected criminals in his state. That makes at least four potential crimes committed by him in the last few months. The offenses carry a maximum prison sentence of three years or fines or both.

What have we come to? The next four months, during which time the Supreme Court has ordered the Sohrabuddin case cleared up, will tell. The Sangh Parivar organisations and their members have corrupted the constitution of India. The members of these various organisations that have committed hate crimes including the members of the Bharatya Janata Party who have committed crimes in the course of political activities must be brought to justice. And the police should work to uphold the law, not help these Hindutva politicians undermine it. What has become of the judiciary? What has become of the police and the district magistrates? What has become of the Republic of India?

Anandi Sharan was born in Switzerland, lives in Bangalore and last year worked in Araria District Bihar, India. She works on trying to find the best money system to help people adapt to climate change especially in India.

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