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".
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-
Criteria to identify hate speech:-
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.
