Explained: What Is Hate Speech And How Indian Law Deals With It

A recent religious conclave in Haridwar witnessed aggressive and provocative statements by Hindutva supporters, many of whom were leaders of religious organisations. According to reports, many of the speakers advocated for organised violence against Muslims and alluded to a Myanmar-style 'cleansing war.'

If the administration refused to construct a 'Hindu Rashtra,' a '1857-style' insurrection against the state was threatened. These have been labelled "hate speech" by political parties and concerned individuals, who have called for legal action against those who spread hatred and violence.

What exactly is 'hate speech,' and how is it different from other types of communication?

'Hate speech' does not have a legal definition. Speeches, writings, acts, signs, and representations that promote violence and spread dissension amongst communities and groups are considered 'hate speech,' according to legal provisions.

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In its 267th Report, the Law Commission of India says: ¡°Hate speech generally is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like ... Thus, hate speech is any word written or spoken, signs, visible representations within the hearing or sight of a person with the intention to cause fear or alarm, or incitement to violence.¡±

Hate speech is generally defined as a restriction on free speech that aims to prevent or prohibit communication that exposes a person, a group, or a segment of society to hatred, violence, ridicule, or indignity.

What does Indian law say about it?

The major legal provisions that deal with provocative speeches and expressions that seek to punish 'hate speech' are widely taken to be Sections 153A and 505 of the Indian Penal Code.

Promotion of animosity between different groups on the basis of religion, race, place of birth, residence, language, etc., and doing acts harmful to the maintenance of harmony are both crimes punishable by three years in prison under Section 153A.

If it occurs at a place of worship, or an assembly engaged in religious worship or religious ceremonies, it is punishable by a five-year sentence. Furthermore, making "statements conducive to public mischief" is punishable under Section 505 of the IPC.

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The statement, publication, report, or rumour that is punishable under Section 505(1) should be one that promotes armed forces mutiny, or causes such fear or alarm that people are induced to commit an offence against the state or public tranquillity; or is intended to incite or incites one class or community against another class or community.

This can result in a three-year prison sentence. Making remarks that create or promote hostility, hatred, or ill-will between classes is illegal under Section 505(2). If the same offence occurs at a house of worship or any assembly engaged in religious worship or religious rites, it can result in a five-year prison sentence under subsection (3).

What is the Law Commission's recommendation?

Instead of being subsumed in the current sections covering inflammatory acts and speeches, the Law Commission proposes that distinct crimes be added to the IPC to criminalise hate speech more specifically. It proposes the addition of two new provisions, Section 153C and Section 505A.

According to the draft, anyone who (a) uses gravely threatening words, spoken or written, signs or visible representations, with the intent to cause fear or alarm; or (b) 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, should be prosecuted. It suggests a two-year prison sentence and/or a ?5,000 fine, or both, for this offence.

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Its draft for 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 or, with intent to provoke the use of unlawful violence against that person or another¡±. It proposes a prison term of up to one year and/or a fine up to ?5,000 or both.

The M.P. Bezbaruah Committee and the T.K. Viswanathan Committee both proposed adding sections to the IPC to punish acts and statements that promote racial discrimination or amount to hate speech. Currently, the Committee for Criminal Law Reforms, which is studying more broad reforms to criminal law, is looking into establishing specific rules to deal with hate speech.

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