Hate Speech: Threat To India’s Unity

India is a large, diverse and complex society, constituting people with varied beliefs. The people of India are largely tolerant which is reflected in the fact that it has accommodated multiple belief systems over the long drawn out history of the country. Peoples of major religions, cultures, faiths and thousands of sects and sub-sects live in harmonious coexistence. It is driven by respect for the other and the capacity for empathy which is built in the Indian ethos.

• Yet, India’s glorious past of a vibrant, multi-cultural society has been tainted by rising instances of intolerance, radicalization, social strife, and incidences of Hate Speech. The regulation of hate speech is proving to be a challenging endeavor for the state. India presents a peculiar case for regulation and prevention of hate speech due to its rich diversity and harmonious coexistence of people of different languages, castes, race, religions, cultures, and beliefs.

Hate Speech

• Defining hate speech is an arduous task as over regulating speech leads to violation of individual’s rights whereas under regulation accommodates hate mongers. Also, several jurisdictions define hate speech as per their own language, cultures, and social circumstances.
• A speech that carries no meaning other than expression of hatred for some group, such as a particular race, caste, religion, etc. especially in circumstances in which the speech is likely to provoke violence.
• Most common grounds of hate speech across countries are race, ethnicity, religion or class.

Laws for Hate Speech in India

Hate speech has not been defined explicitly under any law in India. The constitution and other legislative enactments together provides for a set of regulations which prevents speech that is detrimental to an individual and society.

Constitution

• Article 21: Responsible speech is the essence of the liberty granted under article 21 of the Constitution.
• Article 19(2): It guarantees freedom of speech and expression to all citizens of India. It is subjected to certain restrictions, namely, sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.

Legislations

The following provisions of Indian Penal Code have bearing on hate speech-

• Section 298 IPC penalises ‘uttering, words, etc., with deliberate intent to wound the religious feelings of any person’
• Section 124A IPC penalises seditious speech
• Section 153A IPC penalises ‘promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony’
• Section 295A IPC penalises ‘deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs’
• Section 505(1) and (2) IPC penalises publication or circulation of any statement, rumour or report causing public mischief and enmity, hatred or ill-will between classes

Effects of Hate Speech on National Unity

• Human Rights Violation: Hate speech against any community on any basis violates basic human rights. Incidences of hate speech against the minorities bode ill for unity and diversity of the country and goes against the progressive values of our culture. It also deprives the individual of their dignity which is the highest form of violation of human values.
• Radicalisation: Acts of hate speech leads to increase in radicalization. The fringe elements may get the motivation and support to perform acts of intimidation and violence against a particular individual or community, which is harmful to the spirit of harmony and brotherhood that India nurtures.
• Alienation of Communities: Due to rising ill and hate speech, various communities, particularly minorities may develop a sense of insecurity and alienation. It may also lead to development of feelings of stigma, otherness, which may give rise to separatist tendencies.
• Violence: Hate speech has a direct correlation to increase in violence against the victim community. It often takes the form of communal violence, mobocracy and mob lynching, which also threatens the peace and development of the country.
• Erosion of Democratic Values: It erodes democratic and liberal values of the country. Instances of structural and organized violence also put the onus of preventing such instances on the law and order machinery. Often the law enforcement agencies themselves are biased against the minority communities. These values must be protected as they have been nurtured during the long freedom struggle through sacrifice.

Prevention and elimination of hate speech in India is a very complex task due its diversity. Lack of an explicit definition of hate speech is the first hindrance in regulation of hate speech. It can be tackled by legislative as well as extra-legislative measures including promotion of spirit of brotherhood.