Communal Clouds in Kerala

Why in news?

The police took a person into custody after a purported video in which a boy could be heard raising provocative slogans during a march in Alappuzha.

The video shows a minor, sitting on the shoulder of a man and chanting hate and incendiary slogans apparently against other religions.
The police registered a case against those who brought the child to the rally and its organisers under IPC
- Section 153A- Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc
- Section 295A- Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs
- Section 506- Punishment for criminal intimidation
- Section 120 (o) of the Kerala Police Act- Causing a nuisance of himself to any person by undesirable or anonymous call, letter, writing, message, e-mail or through messenger
The rally was conducted in the Alappuzha beach as part of ‘Save the Republic’ campaign.
The provocative sloganeering has drawn widespread condemnation.
Despite this, there were numerous killings that added an unmistakable communal hue to violence in Kerala.

The Constitution respects free speech and guarantees the citizens’ right to organise, but constitutional politics allows little space for spreading hate.
A toxic cloud of communalism is enveloping the State as Hindu, Christian, Islamic groups and dishonest politicians are trying to profit from disharmony.
The Kerala government must make it clear that any call or mobilisation for violence is unacceptable in the State.
Along with strong administrative measures, Kerala must shore up all its inherent strengths through popular mobilisation against communalism of all hues.

Hate speech has to be countered with political and jurisprudential means and there is a need for political and pedagogical solution to the menace.
The Constitution’s ideas of equality, liberty and fraternity must be educated among the masses.
Whenever hate speech thrives, the state should invoke the existing law judiciously in appropriate cases and must take a secular stand based on the rule of law.
The Law Commission in its 267th report on hate speech has proposed Section 153C which penalises incitement to hatred with two years’ imprisonment or Rs. 5,000 in fine or both.
It has also proposed Section 505A to punish speech or writing that causes fear or alarm among a group, or provokes violence on grounds of race, religion, gender, sexual orientation, place of birth or disability.

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