Recently, the Supreme Court (SC) made headlines due to a particular judgment they passed. They scrapped the Hate Crime proceedings that were directed toward a senior journalist because of a certain post they made on Facebook. The Court’s verdict stated that the social media post of the petitioner was nothing but an expression of truth amidst persecution.
Background of the Case
The petitioner had challenged a decision made by the Meghalaya High Court that refused to dismiss the proceedings launched against her under various sections of the Indian Penal Code (IPC). These included Section 153a (hate), 500 (defamation) and 505(c) (inciting a community or caste to commit an offense against another).
Section 153a of IPC deals with promoting enmity between different groups on the basis of religion, race, birthplace, language, etc., and carrying out acts that are detrimental to the maintenance of harmony. This can be punished with imprisonment extending up to five years along with a fine.
Section 505c refers to inciting any class or community of people to commit offenses against other classes or communities. Violation of this section can lead to imprisonment for up to three years, a fine, or both.
Understanding Hate Crime
Hate Crime is a term used to describe criminal actions motivated by prejudice against an individual or a social group due to distinct differences, predominantly associated with their religion or customs. The definition has expanded with time to include insulting, derogatory speech that incites violence, in addition to discrimination, lynching, and offensive speeches.
In broader terms, Hate Crimes are seen as attacks on a person’s rights thereby disrupting the social structure as a whole, which in several ways makes it more severe than many other Criminal Offenses. Race, ethnicity, religion, and class are the most common triggers for hate speech.
Hate Crime in the Indian Context
In India, hate crimes are interpreted based on the damage caused to a community rather than an individual’s right to freedom of speech and expression. Hate speech that is centered around religion, ethnicity, culture, or race is banned.
Indian Laws Against Hate Crimes
While the term ‘Hate Crime’ hasn’t been specified in any statute, various forms are recognized across laws. The IPC identifies words, whether spoken or written, that instigate disharmony, hatred, or insults on the basis of religion, ethnicity, culture, language, caste, community, race, etc., as punishable under law, through Sections 153A, 153B, 295A, 298, 505(1) and 505(2).
Other legislations that contain clauses related to hate speech and its prevention include The Representation of People Act, 1951, Information Technology Act 2000, and the Unlawful Activities (Prevention) Act, 1967.