New Delhi: The Supreme Court on Wednesday (April 28) said that the notion that the offence of hate speech is not covered by the law was “misconceived”. The top court observed that the the existing criminal law adequately dealt with the issue and that there is no legislative vacuum in that regard, reported LiveLaw.“The contention that the field of hate speech remains legislatively unoccupied is misconceived. The existing framework of the substantive criminal law, including the provisions of the IPC, and allied legislations, adequately addresses acts that promote enmity, outrage to religious sentiments, or disturb public tranquillity. The field is therefore not unoccupied,” said the court.A bench of Justices Vikram Nath and Sandeep Mehta made the observations while pronouncing the judgment in a batch of petitions which sought directions and guidelines to address the growing menace of hate speeches.“The creation of criminal offences and the prescription of punishments lies squarely within the legislative domain. The Constitutional scheme founded upon the doctrine of separation of powers does not permit the judiciary to create new offences or expand the contours of criminal liability through judicial directions,” observed the court.It added that at the highest, the court can only draw the attention of the legislature and the executive on the need for reforms.While the court noted that the grievance of the petitioners arises not from the absence of law, but from the deficit from its enforcement, it said that such concerns do not however justify law-making by the judiciary.The Court noted that the Bharatiya Nagarik Suraksha Sanhita provides for the registration of FIRs in cognizable offences, and remedies before the Magistrate in case of default by the police.“While we decline to issue directions sought, we deem it appropriate to observe that the issues relating to hate speeches and rumour mongering bear directly upon the preservation of fraternity, dignity and Constitutional order. It is open to the Union and the States to consider in their wisdom whether any further legislative measures are warranted in the light of evolving societal changes and challenges, or to bring suitable amendments as suggested by the Law Commission 267 report dated 23 March 2017,” said the court, reported LiveLaw.The batch of petitions were filed over incidents including the ‘Corona Jihad’ slander campaign in social media, the ‘UPSC Jihad’ show ran by Sudarshan TV and the alleged hate speeches made during “Dharam Sansad” events and other religious gatherings.