Hate speech

What is the issue?

A religious conclave in Haridwar witnessed inflammatory and provocative speeches by proponents of Hindutva.

According to reports leaders of some religious organisations called for organised violence similar to Myanmar-type ‘cleansing campaign’.
Also if the government resisted the formation of a ‘Hindu Rashtra’ they threatened to organise a revolt similar to one in 1857.
Political parties and concerned citizens have termed these as ‘hate speech’ and demanded legal action.

There is no specific legal definition of ‘hate speech’.
According to Law commission report hate speech is an incitement to hatred primarily against a group of persons in terms of race, ethnicity, gender, sexual orientation, religious belief and the like.
Hate speech can be of any form (writings, actions, signs and representations).

In general, hate speech is considered a limitation on free speech.
The intention is to prevent such speech that exposes a person or section of society to hate, violence, ridicule or indignity.
Sections 153A and 505 of IPC deal with inflammatory speeches and expressions.
Under Section 153A
- promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.,
- doing acts prejudicial to maintenance of harmony

is an offence punishable with 3 years of imprisonment.

However if the act is committed in religious gatherings or ceremonies the term of imprisonment shall be 5 years.
Under Section 505 of IPC
505 (1) - Making statements conducing to public mischief is an offence.
However the statement should be one that
- promotes mutiny by the armed forces,
- causes fear so that people are induced to commit an offence against the state or public tranquillity
- intend to incite or incites any class or community to commit an offence against another class or community.
This attracts a jail term of up to 3 years.
505(2) – Making statements creating or promoting enmity, hatred or ill-will between classes is an offence.
505 (3) - The same offence will attract up to a 5 year jail term if it takes place in a place of worship, or in any assembly engaged in religious worship or religious ceremonies.

The Law Commission has proposed
- to add separate offences to the IPC
- to criminalise hate speech quite specifically rather than being subsumed in the existing sections
It has proposed to add two new sections Section 153C and Section 505A.
Section 153C should make it an offence if anyone
- uses gravely threatening words (spoken/written /signs/visible representations) with the intention to cause fear or alarm.
- advocates hatred that causes incitement to violence, on grounds of religion, race, caste or community, sex, gender identity, sexual orientation, place of birth, residence, language, disability or tribe.
It proposes a two-year jail term or a fine of ₹5,000 or both.
Section 505A proposes to criminalise words or display of writing or signs that are
- gravely threatening or derogatory, within the hearing or sight of a person.
- causing fear or alarm with intent to provoke the use of unlawful violence against that person or another.
It proposes a prison term of up to one year or a fine up to ₹5,000 or both.
Similar proposals have been made by the M.P. Bezbaruah Committee and the T.K. Viswanathan Committee.
Now, The Committee for Reforms in Criminal Laws is examining the issue of having specific provisions to tackle hate speech.

Reference