Introduction

The Constitution of India recognizes that liberty can’t be absolute and hence added provisions in Article 19(2) – 19(6), equipping authority to the state to limit the use of freedom guaranteed under the article within the restrictions bestowed in its clauses. It is an unquestionable backdrop of Article 19 containing limits solely rather than defining the term “hate speech.”

The two essential amendments in clause 2 of the Indian Constitution (1951 and 1963) respectively authorized the Indian Legislature to impose reasonable restrictions on the exercise of this right if it is for specific reasons like- “For security reasons; For the sovereignty and integrity of the state; to maintain cordial relations with foreign states; For maintaining public order in the state; For maintaining decency and morality of the state; For court’s contempt; For defaming purposes; For inciting of a .offense.”

Definition

There is a great need to draw a fine line and balance hate and free speech in India. Hate speech has been defined by the Indian Law Commission in its 267th report as “any word written or spoken, signs, gestures or representations which can be visualized within the hearing or sight of an individual to create a sense of fright or alarm, or persuasion to violence.”

Hate speech and our democratic values.

We are surrounded by hatred and unfairness, and we breathe a very different kind of atmosphere. People, rather than talking about the causes of it, are inclined towards simply opinionating about how it is, not why it is. Hate speech, in general, is regarded as a menace to one’s democratic values, social stability, and harmony, and the reason behind it is that it leads to division.

India is already facing countless matters to be solved, and above that, cheers to one more which has been termed hate speech. People are not ready to use their intellect but are only carving out more hurdles for themselves and future generations by supporting such grounds of discrimination and division. It is like following a beast unquestioningly.

A bench of the Hon’ble Delhi High Court, while hearing a plea to initiate unlawful chronicles against the Union Minister Anurag Thakur for hate speech, said that “If you are saying something with a smile, then there is no criminality if you are saying something offensive, then definitely.”

Legal Provisions for curbing hate speech

Hate speech has not been defined or explained under Indian or International law. Still, there are specific provisions under Indian laws on which an FIR can be lodged against an individual.

Provisions of hate speech under the Indian Penal Code, 1860

Section 124A of IPC provides that a person must be punished or fined if he tries to spread hatred or enmity towards the Government of India either expressly or impliedly.

Section 153A of IPC provides that a person must be punished or fined if he tries to spread enmity or hatred in the society on the grounds of caste, religion, community, place of birth, etc., or intends to promote disharmony among various religious groups either expressly or impliedly.

Section 153B of the IPC provides that a person must be punished or fined for imputations and assertions against India’s national integrity, either expressly or impliedly.

Section 295A of IPC provides that a person must be punished or fined for knowingly and with mala fide intention, outraging the religious sentiments of various classes of Indian citizens by insulting their religion or community either expressly or impliedly.

Section 298 of the IPC provides that a person must be punished or fined for intentionally hurting the religious sentiments of a person, either expressly or impliedly.

Section 505(1) of the IPC provides that a person must be punished or fined for maliciously intending to instigate an individual or a group to commit an offense against the state or any public tranquillity.

Provisions of hate speech under the Code of Criminal Procedure, 1973

Section 95 of CrPC provides that the state government must seize any document which is punishable under specific provisions of IPC, or the police must investigate or seize the document or copy of it on premises where it is suspected to be found on orders of the magistrate.

Section 144 of CrPC provides that the magistrate can issue orders in cases of nuisance or danger where speedy remedy or immediate prevention is required.

Provisions of hate speech under the Representation of the People Act, 1951

Section 8 of this act provides that candidates convicted for certain punishable offenses like promoting hatred or enmity on religious grounds must be disqualified and remain disqualified for a particular duration.

Section 123 (3A) of this act provides that a candidate must be punished for intentionally hurting the religious sentiments of a religious group or community on the grounds of religion, caste, creed, etc., to gain a specific position in the elections.

Section 125 of this act provides that a candidate must be imprisoned for a maximum of 3 years or fined for promoting enmity or hatred on religious grounds.