The Supreme Court on Tuesday refused to pass any order on a writ petition seeking a ban on jokes on Sikhs. “Why should the Supreme Court issue guidelines on how people should conduct themselves when they hear jokes?,” the bench of Justices Dipak Misra and R Banumathi asked. The court also argued that even if any order is passed, it would be impossible to implement it. “Even if we issue guidelines who will control it?,” said the court, according to Hindustan Times.
The writ petition was filed by advocate Harvinder Chowdhary who had argued that the Sikh community also needed a “vigorous law” just like the Scheduled Castes and Scheduled Tribes to protect themselves from being the butt of the jokes. Chowdhary had also asked the court to prosecute social media websites that make such jokes viral, reported dna.
However, the apex court pointed out that making laws was under the realm of the legislature. “Parliament made it [the law]. It is in the domain of the legislature. We cannot issue guidelines. And to whom do we issue guidelines to?” said the judge, according to The Hindu.
Apart from Chowdhary’s plea, the court made similar observations regarding petitions filed by an Amity Law School student who alleged that the Gorkha community is stereotyped with “a topi and khukhri” on the social media. “The whole of India respects them [the Gorkha community]. You are actually bringing them down by filing such a petition,” said Justice Misra.
Last year, the apex court had sought suggestions from the Delhi Sikh Gurdwara Managing Committee and other PIL petitioners as to how the judiciary could stop sardar jokes. The bench gave the petitioners six weeks’ time to suggest steps that the judiciary can initiate to ensure that such a ban can be enforced.
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