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Curbing Hate Speech in India, The Supreme Court has said the “buck…
Curbing Hate Speech in India
What is ‘Hate Speech’?
hate speech is considered a limitation on free speech
Law Commission: incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like …
There is no specific legal definition of ‘hate speech’.
Attributes of
Hate Speech
Hate speech is “discriminatory” (biased, bigoted or intolerant) or “pejorative” (prejudiced, contemptuous or demeaning) of an individual or group.
Hate speech calls out real or perceived “identity factors” of an individual or a group, including: “religion, ethnicity, nationality, race, colour, descent, gender
Hate speech can be conveyed through any form of expression, including images, cartoons, memes, objects, gestures and symbols and it can be disseminated offline or online.
How is it treated
in Indian law?
Section 505
505(2): It is an offence to make statements creating or promoting enmity, hatred or ill-will between classes.
505(3): Same offence will attract up to a five-year jail term
505(1): Statements conducing to public mischief
Section 153A
Why curb
hate speeches?
Threat to peaceful co-existence
Creates social divide
Issues in regulating
such free speech
Legal complications
Violation of free speech:
Hate speeches are Political
Old-aged Laws
Powers to State
Suggestions
It proposed punishment of up to two years along with Rs. 5,000 fine.
Bezbaruah Committee 2014: called for hefty punishment
Viswanathan Committee 2019:proposed inserting Sections 153 C (b) and Section 505 A in the IPC
Section 505A should be included and have provisions that make inciting fear, alarm, or violence a crime.
Way forward
Restraining speeches like strong opinions, offensive comments towards certain communities
We all have to work together and communicate efficiently for our country to be a healthy place to live in.
Differentiate between free and hate speech.
The Supreme Court has said the “buck ultimately stops with the government” to clamp down on hate speech and hate crimes, as they are offenses committed on society.