Editorial Analysis à 16 July 2022 à The Hindu
Hate Speech in India
Context:
- The rising number of hate statements, particularly those directed at minorities, combined with judicial ambiguity has created an opportunity to draft legislation.
- There are currently no legal provisions in place to deal with hate speech.
In the absence of a legal framework:
- Hate speech is not defined in Indian law, and it is difficult to reduce to a single term due to the variety of forms it might take.
What is Hate Speech:
- Hate speech is defined as “an effort to marginalize individuals based on their membership in a group” and “seeks to delegitimise group members in the eyes of the majority, reducing their social standing and acceptance within society,” according to the Supreme Court in Pravasi Bhalai Sangathan v. Union of India (2014).
- Speeches intended to foster animosity or prejudice the preservation of harmony between various classes are prohibited under the Indian Penal Code.
- Sections of the IPC, such as 153A, which punishes the promotion of enmity between different groups; 153B, which punishes imputations and assertions prejudicial to national integration; 505, which punishes rumours and news intended to promote communal enmity; and 295A, which punishes insults to a class’s religious beliefs by words spoken with deliberate or malicious intent.
- The Supreme Court declared in Amish Devgan v. Union of India (2020), summarizing many legal doctrines, that “hate speech has no redeeming or justifiable objective other than hatred toward a particular population.”
- In the absence of a well-established legal standard: The lack of defined legal norms in defining hate speech, particularly that transmitted via the digital medium, is revealed by a variety of judgements from constitutional courts.
Suggestions:
- In its 267th report, India’s Law Commission suggested the addition of two new rules to criminalize and punish hate speech propagation.
- In 2015, the 189th Report of the Parliamentary Standing Committee on Home Affairs recommended that the Information Technology Act be amended to include separate and explicit rules to address online hate speech.
Social media has its own set of laws: Much of the existing anti-hate speech legislation dates from before the Internet.
- Specialized law to regulate hate speech spread via the Internet and, particularly, social media is urgently needed.
Recognize hate speech as a justifiable restraint on freedom of expression:
- Following best worldwide practices, it is critical to enact explicit and long-lasting legislative provisions to prevent hate speech, particularly that spread online and through social media.
- At the end, only when hate speech is recognized as a reasonable restriction on free expression will this be achievable.
Conclusion:
- To combat hate speech, precise and long-lasting legislative requirements must be adopted.
