Supreme Court Directs Hate Speech Petitions to High Courts Amid Ongoing Debate

In early 2026, the Supreme Court of India declined to hear petitions seeking criminal prosecution of Assam Chief Minister Himanta Biswa Sarma for alleged hate speech, directing petitioners to approach the Gauhati High Court instead. A Bench noted the Court often becomes a political battleground near elections and indicated closure of pending hate speech cases since 2021, while allowing other legal remedies. Legal experts Shahrukh Alam and Haris Beeran discuss the challenges in defining and prosecuting hate speech within social and political contexts.