Supreme Court Upholds Free Speech, Quashes Hate Speech Case

Why in the News?

The Supreme Court of India quashed a criminal case against Congress MP Imran Pratapgadhi for a poem, reaffirming that artistic expression is vital to free speech and cannot be curbed merely due to majority disapproval.

Supreme Court Upholds Free Speech, Quashes Hate Speech Case

SC Quashes Case Against Imran Pratapgadhi:

  • The Supreme Court of India quashed a criminal case against Congress MP Imran Pratapgadhi accused of inciting discord through a poem on injustice.
  • The case was registered by Gujarat Police under Section 196 of the Bharatiya Nyaya Sanhita.
  • The Bench of Justices A.S. Oka and Ujjal Bhuyan emphasized that a mere recital of a poem, satire, or stand-up comedy cannot be grounds for criminal action.
  • The judgment reaffirmed the importance of free speech in a democratic society and cautioned against stifling legitimate expressions.

Reasonable Restrictions on Free Speech

  • Justice Bhuyan clarified that restrictions on free speech must be reasonable, non-oppressive, and balanced.
  • The court ruled that law enforcement and judiciary must assess complaints with a strong, courageous, and reasonable mindset rather than being overly sensitive to opposing views.
  • Justice Oka stressed that the State and police should not misuse their authority to victimise individual opinions.
  • The court noted that criticism and dissent are essential for a healthy democracy and should not be viewed as threats.

Artistic Expression and Free Speech

  • Justice Oka remarked that poetry, art, and satire are integral to freedom of expression and must be protected.
  • The judgment highlighted the role of art in voicing dissent and criticized the tendency to stifle artistic freedom.
  • The court emphasized that freedom of speech cannot be suppressed simply because the majority dislikes the viewpoint.
  • The verdict reinforces constitutional values of free speech and expression in a vibrant democracy.

Understanding Hate Speech and Legal Provisions in India:

●     Definition and Dangers of Hate Speech:

○      Advocates, incites, or promotes hatred, violence, and discrimination.

○      Threatens democracy, human rights, and rule of law.

○      Can escalate into violence and hate crimes if unchecked.

●     Article 19 and Restrictions on Free Speech:

○      Guarantees freedom of speech but allows restrictions on grounds like security, public order, and decency.

○      Provisions under Article 19(2)-(6) permit state-imposed restrictions.

●     Legal Provisions Against Hate Speech:

○      Indian Penal Code (IPC): Sections 153A and 505 penalize promoting enmity and public mischief.

○      Representation of People Act, 1951: Disqualifies candidates convicted for misuse of speech.

○      Protection of Civil Rights Act, 1955: Section 7 penalizes incitement to untouchability.

○      Religious Institutions Act, 1988: Prohibits hate propagation in religious places.

●     Important Judgments:

○      Pravasi Bhalai Sangathan v. Union of India: Enforcing existing laws can address hate speech.

○      Jafar Imam Naqvi v. Election Commission of India: Rejected PIL against hate speeches during elections.