The Punjab and Haryana High Court recently emphasised that the freedom of speech does not entitle a person to make derogatory remarks against any community or gender in Vijender Kumar v. State of Haryana case.
Justice Alka Sarin made the observation application moved by a person while dismissing a bail alleged to have made insulting and derogatory comments on Facebook, with the intent to create disharmony in society.
The Court was hearing a petition moved by Vijender Singh, through his counsel Amit Chaudhury. Punjab and Haryana High Court stated
“Suffice it to say that freedom of speech does not entitle a person to make derogatory remarks/posts against any community or gender.”
The petitioner had posted many comments against women of the Muslim community and of scheduled castes, allegedly on Facebook. The comments were a response to a woman’s post on Dr. BR Ambedkar.
The petitioner further stated that his acts did not amount to creating hate between communities, outraging religious sentiments, or causing insult (Sections 153 A, 295-A, and 505 of the Indian Penal Code).
The Court dismissed the bail petition. AAG Dimple Sharma and Advocate Pardeep Sihmar appeared for the State