Freedom to express and speak freely is a fundamental human right as per Article 19(1)(a) in the Constitution of India. Every citizen is guaranteed the right to…
Freedom of expression and speech is a fundamental human right as per Article 19(1)(a) in the Constitution of India. Everyone has the right to speak freely, to write, and publish anything. The right is however subject to eight fundamental limitations that are also listed within Article 19(2). They are:
* State Security
• Friendly relationships with other states
* Public Order
* Morality and Decency
* Contempt of the Court
* Defamation
* Invitation to commit an offense
* Integrity and Sovereignty of India
Hate speech differs from free speech in a variety of ways. However, it is now commonplace and many leaders in Indian society are blatantly promoting hate speech to justify freedom of speech. This is not only evident at rallies and election campaigns but on social media too particularly Youtube, Facebook, Twitter, and Instagram.
Hate speech not only violates morality and decency but also encourages violence against different communities of society. It violates Public Order, Sovereignty, and the moral integrity of our country. It is therefore an exception to freedom of speech as per article 19(2). The restrictions stated under Article 19(2) may be applied only in accordance with specific laws, and not through executive actions. Let’s examine the many laws that allow an action for hate speech may be filed.
What is hate speech?
It’s not easy to establish the definition of “Hate Speech” however it is very simple to identify it. The 267th report from the Law Commission of India, hate speech refers to any speech that inspires hatred toward people by race and ethnicity, gender spiritual orientation, or beliefs or other beliefs.
Hate speech may be expressed in any form: written or spoken, symbols, and other visual representations in the hope of creating anxiety, fear, or inciting violence.
Like Free speech, hate speech is not based on facts or the truth. Falsehoods can be altered and used as evidence to justify the negative image. For instance, conspiracy theorists often promote their theories as if they are hidden truths but in reality, they are just speculation. Free speech, however, is based on facts, it’s open in the sense that it is an esoteric speculation, it has established prior biases and preconceptions of the speaker, and is always rooted in the spirit of inquiry. Although hate speech inflicts guilt on individuals or a group, free speech never is a means of imposing guilt, however, it does encourage further investigation.
Finally, the purpose of hate speech is to be a source of incitement that causes the target group to react in a way that is equally hateful. This kind of hate can take many unwelcome forms like the spread of violent hate speech or even mob lynching.
Laws against Hate-Speech
As you can see as we have seen, hate speech is a cause of different crimes in society. Although general animosity between different groups is a typical impact hate speech may be a cause of serious crimes, such as mob lynchings and terror.
The remedy in Criminal Law:
Indian Penal Code, 1860
“; Section 153A. To cause riots in a deliberate manner by using incitement; encouraging enmity between groups based on the basis of race, religion or place of birth or residence, language, etc., and committing acts that are harmful to the maintenance of peace and harmony. Penalties can range from three years or a fine or either. It’s a cognizable, non-bailable, and non-compoundable crime. F.I.R or a complaint to magistrates can be filed.
Section 295A: Deliberate and malicious acts that are designed to sway the religious sentiments of any group by slandering their religion or convictions are punishable by three years or a fine, or both. The crime is punishable as non-bailable and non-compoundable. You may file an F.I.R against the offender.
* Section 298: Uttering words etc. in a deliberate effort to hurt the religious beliefs of anyone is punishable by up to a year of imprisonment or fine or both. It’s a non-cognizable, bailable, and compoundable offense. A complaint may be filed before a magistrate and the Police.
“Section 124A”: Seditious conduct is punished. It is an action (speech or sign or other signs.) that aims to create the ire of others or provoke or irritate the government. The punishment is imprisonment for life and a fine or imprisonment for three years.
“Section 505”: “statement leading to public disorder] This section punishes the publication or dissemination of any information or report that causes public annoyance, slander, or ill-will among the classes. The punishment is at least three years imprisonment, a fine, or both.
Criminal Procedure Code, 1973
“Section 95: The State Government may take back publications that violate the law and are punishable under section 124A, 153a 292,293, or 295A of the IPC
The Executive magistrates are able to make orders or take steps to prevent someone from violating the peace, disrupting the peace of the public, or committing any wrongdoing that will likely cause a breach of the peace or disrupt public peace.
The District Magistrate SDM or Executive magistrates specially authorized (or appointed) to do so by the State Government authorities can issue an order in the most urgent situations of a perceived or actual threat.
