Issue of Hate speech in India

Issue of Hate speech in India

India is the second most populous country in the world after China. Established as a secular nation, it has many ethnic and religious groups with sharp religious and cultural differences. The hate speech laws in India aim to prevent discord among its many ethnic and religious communities. The laws allow a citizen to seek the punishment of anyone who shows disrespect "on grounds of religion, race, place of birth, residence, language, caste, sexual orientation, gender identity or any other ground whatsoever".

What is hate speech? 

Hate speech is any kind of communication in speech, writing, or behavior that attacks or uses pejorative language with reference to a person or group on the basis of their collective identity. It aims to bring to bear shame upon and more broadly alienate members of a targeted group. This can be extended to a broader definition, taking into consideration prejudice against individuals or groups based on their perceived race, ethnicity, religion, gender, or sexuality.

Hate speech threatens two key doctrines of democracy-

• The guarantee of equal dignity to all
• The public good of inclusiveness.

Criteria to identify hate speech:-

• The extremity of the speech.
• Incitement
• Status of the author of the speech.
• Status of victims of the speech.
• Potentiality of the speech.
• Context of the Speech.

Regulation of Hate speech in India

The constitutional provision guaranteeing freedom of speech is subject to reasonable restrictions. The court has gradually evolved a multi-pronged test to determine the reasonableness of a restriction on free speech.

Article 19(2) of the Constitution gives all citizens the right to freedom of speech and expression but subject to “reasonable restrictions” for preserving inter alia “public order, decency or morality”.

India prohibits hate speech by several sections such as Section 95 of CRPC Section 124A or Section 153A or Section 153B or Section 292 or Section 293 or Section 295A of the Indian Penal Code.

Committees on Hate Speech

• K Viswanathan Committee: The committee headed by former Lok Sabha Secretary General T.K. Viswanathan submitted a report recommending stricter laws to curb online hate speech. The panel was formed after Section 66A of the Information Technology Act, 2000, was scrapped by the Supreme Court in 2015.
• Bezbaruah Committee: It proposed amendment to Section 153 C IPC (promoting or attempting to promote acts prejudicial to human dignity), punishable by five years and fine or both and Section 509 A IPC (word, gesture or act intended to insult member of a particular race), punishable by three years or fine or both.
• Viswanathan Committee: It proposed inserting Sections 153 C (b) and Section 505 A in the IPC for incitement to commit an offence on grounds of religion, race, caste or community, sex, gender identity, sexual orientation, place of birth, residence, language, disability or tribe.