NEWS HIGHLIGHT
Theme : Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Paper:GS-2
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 the society.
TABLE OF CONTENT
- Context
- What is Hate Speech
- What are its Attributes
- IPC on Hate Speech
- Challenges in Regulation of Hate Speech
Context : 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 the society.
What is Hate Speech :
- There is no specific legal definition of ‘hate speech’.
- The Law Commission of India, in its 267th Report, says: “Hate speech generally is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like …
- Thus, hate speech is any word written or spoken, signs, visible representations within the hearing or sight of a person with the intention to cause fear or alarm, or incitement to violence.”
- In general, hate speech is considered a limitation on free speech that seeks to prevent or bar speech that exposes a person or a group or section of society to hate, violence, ridicule or indignity.
What are its Attributes :
Hate Speech has three important attributes:
- 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.
- 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, color, descent, gender,” but also characteristics such as language, economic or social origin, disability, health status, or sexual orientation, among many others.
IPC on Hate Speech :
Sections 153A and 505 of the Indian Penal Code are generally taken to be the main penal provisions that deal with inflammatory speeches and expressions that seek to punish ‘hate speech’.
Section 153A:
- Promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony’, is an offense punishable with three years’ imprisonment.
Section 505:
- 505(1): Statements conducing to public mischief– The statement, publication, report or rumor that is penalized under Section 505(1) should be one that promotes mutiny by the armed forces, or causes such fear or alarm that people are induced to commit an offense against the state or public tranquility. This attracts a jail term of up to three years.
- 505(2): It is an offense to make statements creating or promoting enmity, hatred or ill-will between classes.
- 505(3): Same offense will attract up to a five-year jail term if it takes place in a place of worship, or in any assembly engaged in religious worship or religious ceremonies.
Challenges in Regulation of Hate Speech :
- Powers to State: Almost every regulation of speech, no matter how well-intentioned, increases the power of the state.
- Hate speeches are Political: The issue is fundamentally political and we should not pretend that fine legal distinctions will solve the issue.
- Legal complications: An over-reliance on legal instruments to solve fundamental social and political problems often backfires.
FAQs :
-
What is Hate Speech?
ANS. There is no specific legal definition of ‘hate speech’.
- The Law Commission of India, in its 267th Report, says: “Hate speech generally is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like …
- Thus, hate speech is any word written or spoken, signs, visible representations within the hearing or sight of a person with the intention to cause fear or alarm, or incitement to violence.”
- In general, hate speech is considered a limitation on free speech that seeks to prevent or bar speech that exposes a person or a group or section of society to hate, violence, ridicule or indignity.
-
What are the attributes of Hate Speech?
ANS. Hate Speech has three important attributes:
- 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.
- 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, color, descent, gender,” but also characteristics such as language, economic or social origin, disability, health status, or sexual orientation, among many others.