At a time when objectionable social media posts are circulated with impunity by malcontents sheltering behind the right to free speech, the Supreme Court has ruled that this fundamental right is available only to those who adhere to law and respect legal processes. “Any claim towards fundamental rights can not be justifiably made without the person concerned himself adhering to and submitting to the process of law.” This ruling came in a case where an accused had challenged invocation of anti-gangster law MCOCA by the Maharashtra government and claimed that it would seriously impact his basic rights, but the verdict by the court has far reaching implications on a whole gamut of cases. The more germane issue here is to control bigotry and venom spewed on social media by right-wing radicals under the guise of exercising their fundamental rights, the lower courts should compulsorily take suo moto cognisance of such offences which tear asunder the secular fabric of our nation. The Centre has all but abdicated its duty and responsibility towards protecting the rights of the minorities and the dalits and the courts remain our last resort for justice.
