Combating Hate speech

Syllabus: GS 2/ Governance 

In News 

• The Supreme Court, led by Chief Justice Sanjiv Khanna, stated that hate speech is distinct from false claims or wrong assertions.

Hate Speech

• There is no specific legal definition of ‘hate speech’
• But it refers to speeches, writings, actions, signs, or representations that incite violence or spread disharmony between groups.
• Defined by the Law Commission (267th Report) as incitement to hatred against groups based on race, ethnicity, gender, sexual orientation, religion, etc.
  • Intends to cause fear, alarm, or violence, limiting free speech to prevent hate or harm.

Effects of hate speech 

• Multidimensional issue: Hate speech is a multidimensional issue with severe consequences for human rights, societal cohesion, and democracy.
  • Historically used to incite violence, hate crimes, wars, and genocide.
• Effects on Individuals and Society: Directly harms the dignity and rights of those targeted and their communities.
  • Excludes victims from society, silences them, and disrupts public debate.
• Fuels societal divisions, undermines inclusion, and threatens democratic principles.
  • It undermines social cohesion and erodes shared values, setting back peace, stability, sustainable development and the fulfillment of human rights for all. 

Challenges in Addressing Hate Speech: 

• The rise of online hate speech and disinformation, fueled by digital tools, poses significant societal challenges as governments struggle to enforce laws at the scale and speed of the internet.
• Low cost, ease of production, and anonymity enable widespread dissemination.
• It can reach global audiences in real time and resurface over time, regaining influence.

• Difficulty in monitoring diverse platforms and communities.
• Internet companies face pressure to moderate and remove harmful content.

Provisions in Indian Law

• Section 153A, IPC: Criminalises promotion of enmity between groups based on religion, race, place of birth, language, etc.
  • Punishment: Up to 3 years’ imprisonment.
  • Up to 5 years if committed in places of worship or during religious ceremonies.
• Section 505, IPC: Penalises public statements promoting enmity, hatred, or ill-will:
  • 505(1): Statements causing mutiny, public alarm, or offences against public tranquillity.
  • 505(2): Statements promoting hatred between communities.
  • 505(3): Enhanced punishment (up to 5 years) if the offence occurs in places of worship or religious assemblies.
  • Punishment: Up to 3 years’ imprisonment.

Proposals by the Law Commission

• Add specific provisions to the IPC for hate speech, separate from existing sections.
• Proposed Sections: 
  • Section 153C: Criminalises gravely threatening words, signs, or visible representations causing fear, alarm, or incitement to violence based on religion, caste, gender, etc.
    • Punishment: Up to 2 years’ imprisonment, a ₹5,000 fine, or both.
  • Section 505A: Penalises words or signs causing fear or provoking violence against individuals or groups.
    • Punishment: Up to 1 year’s imprisonment, a ₹5,000 fine, or both.

Other Recommendations

• M.P. Bezbaruah Committee: Proposed adding provisions to punish racial discrimination and hate speech.
• T.K. Viswanathan Committee: Recommended similar changes.
• Committee for Reforms in Criminal Laws: Currently examining comprehensive reforms to criminal law, including provisions for hate speech

Supreme Courts Observations 

• In October 2022, the court lamented the “climate of hate” in the country, directing authorities to register cases against hate speech offenders suo motu.
• In 2018, the court condemned hate crimes and emphasized the state’s “sacrosanct duty” to protect citizens.
• Tehseen Poonawala Judgment: The judgment provided guidelines to states and police for preventing, controlling, and deterring mob violence and lynchings.

Conclusion and Way Forward 

• Effective and sustainable measures are necessary to combat and prevent hate speech.
• The goal is to avoid dangerous escalation and build inclusive societies.

Source : TH