Hate speech refers to dialogues that propagate hate or antagonism towards a certain group, community, religion, or race. The purpose of such language might not necessarily hold any deep meaning, but the repercussions often result in violence. This action might be prompted by different motives, however it primarily aims to foster loathe towards a particular segment of society.
The Bureau of Police Research and Development recently issued a manual on investigating cyber harassment incidents. It defined hate speech as language that undermines, offends, threatens, or targets someone based on their identity and other traits (like sexual orientation, disability, or religion).
According to the 267th Report of the Law Commission of India, hate speech can be defined as provoking hate mainly against a group distinguished by race, ethnicity, gender, sexual orientation, religious belief, etc. The context of the speech is critical in determining if it qualifies as hate speech.
Free Speech & Hate Speech
The principle of autonomy and free speech are crucial for promoting a diversity of views, but hate speech is an exception to Article 19(1) (a) (Freedom of Speech and Expression). It’s essential not to misuse these principles of freedom of speech in a way that harms any section of society.
Reasons for Hate Speech
The escalation of hate speech could be attributed to two significant factors:
– Superiority Complex: People often have stereotypes ingrained in their minds, leading them to believe they’re superior to a certain group or class, which should not enjoy the same rights as they do.
– Stubborn Ideology: Unyielding adherence to a specific ideology, without regard for peaceful coexistence, contributes substantially to promoting hate speech.
Legal Position of Hate Speech in India
Under the Indian Penal Code, Sections 153A, 153B, 295A, 505(1), and 505(2) all penalize acts that foster enmity, hatred, or disrespect between different groups. Representation of People’s Act, 1951 has provisions to prevent people convicted of illegal use of speech freedom from contesting elections and bars promotion of animosity on grounds of race, religion, community, caste, or language in electoral reference.
Suggested Changes
Viswanathan Committee 2019 proposed amendments to the IPC for incitement to commit an offence on grounds of religion, race, caste, etc., suggesting punishment of up to two years and a Rs. 5,000 fine. The Bezbaruah Committee in 2014 proposed amendments to sections promoting acts prejudicial to human dignity, punishable by five years and fine or both.
Significant Cases Related to Hate Speech
Two prominent cases, Shreya Singhal v. Union of India and Arup Bhuyan vs State of Assam, addressed issues related to the misuse of the right to free speech. The Supreme Court differentiated between discussion, advocacy, and incitement and emphasized that only discussion and advocacy are under the ambit of Article 19(1).
Fighting Hate Speech
The battle against hate speech cannot be an isolated effort. It must involve a global dialogue involving platforms such as the United Nations. Governments, regional bodies, and international actors must collectively respond to this threat.
Alternative Dispute Resolution can address hate speech cases by shifting from lengthy court procedures to negotiating, mediating, and conciliating disputes between parties. Public authorities should be held accountable for negligence and non-compliance with the orders to prevent vigilante groups from inciting communal disharmony and spreading hate.
Last Modified: February 14, 2024