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Content

• Meaning of Hate Speech
• Key factors behind recent spurt in Hate Speech
• Negative Impacts of Hate Speech
• Legal Provisions for Hate Speech

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Introduction

Hate Speech refers to any form communication (written, oral or otherwise) that expresses hostility, prejudice or violence towards individuals or groups based on attributes such as their race, ethnicity, religion, gender, sexual orientation etc. It often seeks to demean, dehumanize, or marginalize the targeted individuals or groups, and it can contribute to fostering a hostile or discriminatory environment.

Key Factors behind recent spurt in Hate Speech:

• Increased Religious Polarization in society.
• Caste based discrimination leads to perpetration of hate speech and hate crime in society.
• Other chauvinistic factors promoting hate speech include regionalism, patriarchy etc.
• Lack of Political Will to enforce various legal provisions, give the perpetrator the impunity.
• Increased penetration of social media and Internet has also made it easy to spread hate crimes and hate speech easily.

Negative Impacts of Hate Speech:

• Hampers Fraternity, Unity and Integrity of Nation: Hate speech can alienate individuals, groups from the society. It erodes trust between individuals and groups, hindering effective communication and collaboration across diverse communities.
• Promote Social Discrimination: When hate speech go unaddressed, it can contribute to normalization of discriminatory attitudes and behaviors.
• Psychological Harm: It can lead to anxiety, distress, and other mental health issues for individuals who are targeted by it.
• Chilling Effect on Participation: Hate speech can discourage individuals from participating in public discourse, especially those who belong to minority and vulnerable groups. This thus hampers freedom of speech.

Legal Provisions for Hate Speech:

• India doesn’t have a formal legal framework for dealing with hate speech, several provisions of IPC, can be invoked. These are primarily laws to deal with offences against religion. These include:
  • Section 153A: It penalizes promoting enmity between different groups on grounds on religion, race, place of birth, residence, language etc.
  • Section 153B: imputations, assertions prejudicial to national integration
  • Section 295A: It defines and prescribes punishment for deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
  • The chapter include other provisions also:
    • Section 295: Penalize damage or defilement of a place of worship with intent to insult the religion;
    • Section 296, 297 and 298 also deal with religious issues.

Supreme Court Verdict (April 2023)

All States to suo motu register FIRs on hate speech incidents and proceed against offenders even without waiting for someone to lodge a complaint. The penal provisions under which hate speech offenders can be booked are Section 153A, 153B, 505 (public mischief),295A etc. of IPC.

Supreme Court Verdict (Oct 2022)

A supreme court verdict bench has directed the police chiefs of Delhi, UP, and Uttarakhand to take immediate suo motu action against any hate speech, by lodging criminal cases without waiting for formal complaints. Any hesitation to act in accordance with this direction will be viewed as contempt of court and appropriate action shall be taken against the erring officials.

Way Forward: How to tackle Free Speech

Legal Measures:

• The Law Commission of India has recommended two new sections – Section 153C and Section 505A in IPC to criminalize hate speech specifically.
• Bezbaruah Committee and Viswanathan Committee have also made similar recommendations.

Strict enforcement of laws: Hold individuals accountable for hate speech that incites violence or other harmful actions.

Political Leadership and Messaging: Leaders should promote the messages of unity, tolerance, and respect for diversity.

Social Media Regulations: Collaborate with social media platforms to develop and enforce policies that curb the spread of hate speech online.

Public Awareness and Education: Educate people about the harmful impact of hate speech on individual society. Education about diversity, tolerance, and respect for differing viewpoints can help foster a more inclusive society.

• Promote cultural and artistic initiatives that celebrate India’s diverse heritage and challenge stereotypes.
• Community engagement: Promoting positive and respectful discourse. It can help bridge divides and reduce prejudices.

Continually adapting strategies with the evolving nature of hate speech, both offline and online.

Conclusion: Addressing hate speech requires a comprehensive and sustained effort from various sectors of society, including government, civil society, media, educational institutions and individuals. It is essential.