Sakshi Education
By Srirangam Sriram, Sriram's IAS, New Delhi.
Hate speech covers many forms of expressions which spread, incite, promote or justify hatred, violence and discrimination against a person or group of persons for a variety of reasons.
It poses grave dangers for the cohesion of a democratic society, the protection of human rights and the rule of law. If left unaddressed, it can lead to acts of violence and conflict on a wider scale. In this sense hate speech is an extreme form of intolerance which contributes to hate crime.
Aware of the dangerous link between hate speech and violence, the Constitution of India and other laws make for stringent provisions for the balance. The Constitution of India, under Article 19(1)(a) provides the right to freedom of speech and expression. However, under article 19(2), the constitution also provides for the reasonable restrictions against free speech in the interests of 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.
Hate speech constitutes a criminal charge under some Sections of the Indian Penal Code, Representation of the People Act, 1951, Press Council of India (PCI) regulations, Cable Television Network (Regulation) Act, 1995 and Information Technology Act.
Criminal prohibition should be balanced well. Any restrictions on hate speech should not be misused to silence democratic expressions and minorities and to suppress criticism of official policies, political opposition or religious beliefs.
Effective approach to tackling hate speech, in particular cyberhate, includes self- regulation by public and private institutions, media and the Internet industry, such as the adoption of codes of conduct accompanied by sanctions for non- compliance.
Education and counter-speech are also equally important in fighting the misconceptions and misinformation that form the basis of hate speech. Public awareness of the importance of respecting pluralism and of the dangers posed by hate speech needs to be spread.
It poses grave dangers for the cohesion of a democratic society, the protection of human rights and the rule of law. If left unaddressed, it can lead to acts of violence and conflict on a wider scale. In this sense hate speech is an extreme form of intolerance which contributes to hate crime.
Aware of the dangerous link between hate speech and violence, the Constitution of India and other laws make for stringent provisions for the balance. The Constitution of India, under Article 19(1)(a) provides the right to freedom of speech and expression. However, under article 19(2), the constitution also provides for the reasonable restrictions against free speech in the interests of 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.
Hate speech constitutes a criminal charge under some Sections of the Indian Penal Code, Representation of the People Act, 1951, Press Council of India (PCI) regulations, Cable Television Network (Regulation) Act, 1995 and Information Technology Act.
Criminal prohibition should be balanced well. Any restrictions on hate speech should not be misused to silence democratic expressions and minorities and to suppress criticism of official policies, political opposition or religious beliefs.
Effective approach to tackling hate speech, in particular cyberhate, includes self- regulation by public and private institutions, media and the Internet industry, such as the adoption of codes of conduct accompanied by sanctions for non- compliance.
Education and counter-speech are also equally important in fighting the misconceptions and misinformation that form the basis of hate speech. Public awareness of the importance of respecting pluralism and of the dangers posed by hate speech needs to be spread.Published date : 12 Nov 2020 12:17PM
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