COURT’S DIRECTIVE ON HATE SPEECH

Why in the News?

  • The Supreme Court firmly stated that no incitement to violence or hate speech should be allowed.
  • The court responded to a plea citing events where Muslims were openly targeted, stressing the need for action against hate speech during events organized by Hindu Janajagruti Samiti.
Source: Factly

Article 19 and Freedom of Speech:

  • Article 19(2) of the Constitution grants freedom of speech to Indian citizens.
  • Restrictions include sovereignty, integrity, security, friendly relations, public order, decency, morality, contempt of court, defamation, or incitement to an offense.
Legal Aspects of Hate Speech:

·   Hate speech lacks a specific legal definition in India.

·   Certain laws restrict speech as exceptions to free speech.

Indian Penal Code (IPC) addresses hate speech:

·   Section 153A penalizes promoting enmity between groups.

·   Section 505 addresses making statements conducing to public mischief.

Representation of the People Act, 1951:

·         Section 8 disqualifies individuals convicted of illegitimate use of freedom of speech from contesting elections.