Hate speech
CONCERNED over increasing instances of hate speech, the Supreme Court has directed states and union territories to register cases against hate-mongers even if no complaint is received. This is not the first time that the top court has expressed anguish over this menace that is damaging the secular fabric of India. In March, it had termed hate speech a ‘vicious circle’ and wondered why states could not develop a mechanism to check it. Free speech is a sine qua non for any democratic society to survive and thrive. Article 19(1)(a) of the Constitution guarantees the right to freedom of speech and expression to all citizens. However, Article 19(2) authorises the State to use laws to impose ‘reasonable restrictions’ on free speech on seven grounds: ‘sovereignty and integrity of India, security of the State, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation or incitement to an offence’.
Primarily, the problem emanates from mixing religion with politics and the fact that hate speech has no precise definition. Moreover, the State often chooses to act in a partisan manner in applying provisions of the Indian Penal Code and other laws meant to take hate-mongers to task. Free speech is all about exposition of ideas that contribute to a healthy debate and an intellectual discourse. One can’t be prosecuted for exercising one’s right to free speech. But hate speech is divisive in nature as it potentially leads to social disharmony and violence, attracting penal provisions. According to the UN Strategy and Plan of Action on Hate Speech, it’s the speech which attacks a person or group on the basis of ethnic origin, religion, race, disability, gender or sexual orientation that falls in this category.
While the SC order is a welcome step, directing the police to lodge hate speech FIRs without complaints is fraught with serious consequences as it can be misused by governments to settle political scores with rivals. One would expect the SC to modify its order to check its potential misuse, particularly in the run-up to the Assembly polls in various states and the 2024 General Election.
