“Why should the Supreme Court issue guidelines on how people should conduct themselves when they hear jokes?”
This is the question the Supreme Court asked on Tuesday while hearing a writ petition filed by advocate Harvinder Chowdhary on stereotyping of the Sikh community and them being made the butt of jokes on social media.
Ms. Chowdhary pointed out that the Scheduled Castes and Scheduled Tribes have a "vigorous law" to protect them from any insult but the Sikh community doesn’t have one.
"Yes, that is a law. Parliament made it. It is in the domain of the legislature. We cannot issue guidelines. And to whom do we issue guidelines to?" Justice Misra responded.
Senior advocate R.S. Suri appearing for the Delhi Gurudwara Sikh Prabhandak Committee said the guidelines, if framed, would help "everyone" from being stereotyped in the real world as well as on social media.
Similarly, another petition by an Amity Law School student complained of how the Gorkha community is typecast with "a topi and khukhri" on the Internet.
"This court cannot lay down moral guidelines for citizens. People must have mutual restraint. The law is the same for all in this country," a Bench of Justices Dipak Misra and R. Banumathi observed.
Elaborating on the the Gorkha community, the Supreme Court said the community has earned respect for their martial valour and contributions to the nation. “The whole of India respects them. You are actually bringing them down by filing such a petition," Justice Misra addressed the law student.
"If an individual comes to this court with a grievance, we will take it up. There are several religions observed here... How can we issue guidelines for any particular community or religion?" Justice Misra asked.
