Hate speech: Supreme Court will examine steps taken by states to curb Hate speech

The Supreme Court issued some guidelines to curb hate speech in 2018. Now it asked the governments to report what measures have been taken.

The Supreme Court decided to review what actions the states had taken in the preceding four years to comply with its order (in 2018) in light of the recurrence of numerous hate speech incidents.
The court entrusted the task to the secretary of, ministry of home affairs to compile the information on the status of the implementation of those orders by the state governments.

Preventive measures recommended by the SC
- An SP-rank officer should be appointed as a ‘nodal officer’ in each district to take measures to prevent incidents of mob violence and lynching.
- A special task force should be created to procure intelligence reports about the people who are likely to commit such crimes.
- It had also said that FIR be lodged immediately against persons who disseminate irresponsible and explosive messages and videos with content likely to incite mob violence and lynching of any kind.
The remedial measures recommended by the SC
- All states and UTs should prepare a lynching/mob violence victim compensation scheme.
- The cases of lynching and mob violence shall be specifically tried by designated courts/ “fast track” courts.
- The trial court must ordinarily award the maximum sentence to the convicted to send a stern message.
The punitive measures recommended by the SC
- The police officer who failed to comply with its direction to prevent and investigate and acilitate expeditious trial of any crime of mob violence and lynching, hall be. This is considered an act of deliberate negligence and misconduct for which departmental action be taken.

Hate speech refers to offensive discourse targeting a group or an individual based on inherent characteristics – such as race, religion or gender – that may threaten social peace.

Lack of education.
- The lack of value-based education and awareness of Hate speech’s consequences is one of the reasons.
- Since the people and states of India are already divided based on language and religion, hate speech may add fuel to the fragmentation.
New age technologies.
- The social media platforms quickly and swiftly enabled the propagation of misinformation
- On top of that, this platform is not adequately sensoring.
Political reasons.
- Some political parties are using hate speech to make a division in society and unite divided votes.
- It also raised the number of incidents of hate speech recently.

Internal Security:
- Propagation of hate speech by the terror outfit leads to the radicalisation of youth and threatens a nation’s internal security.
- The Muzaffarnagar riots of 2013 were triggered by a fake video that incited communal passions.
- Hate speech leads to hate crimes as seen during the exodus of North Eastern students from Bangalore (2013).
Political turmoil.
- The people may divide their ideological base which triggers political turmoil.
- It has also led to the rising refugee crisis not only in India but also around the world. For ex.- Rohingya crisis in Myanmar.
Violation of the Fundamental Rights.
- Hate speech causes fear and leads people to withdraw from public debate and thus to impact freedom of speech and expression.
Loss of economic opportunities.
- Investors may divert their investment due to a lack of security.
Weakening the nationalist sentiment.
- The division among people based on ideologies and others will weaken the nationalist sentiment.
- The Indian states are majority divided based on language, ethnicity, etc.
- The recurrence of hate speech again polarises society.

The Indian Penal Code (IPC)
- Sections 153A and 153B of the IPC: Punishes acts that cause enmity and hatred between two groups.
The Representation of People Act of 1951.
- Section 8 of the Representation of People’s Act, 1951 (RPA) Prevents a person convicted of the illegal use of the freedom of speech from contesting an election.
Committee suggestions.
- Viswanathan Committee 2019 proposed a punishment of up to two years and a Rs. 5,000 fine.
Judicial verdict.
- In the context of discussing the limits of free speech and what may be tantamount to hate speech, the Supreme Court (SC) has held that “Historical truths must be depicted without in any way disclosing or encouraging hatred or enmity between different classes or communities.”

Value-based education.
- The most efficient way to dilute hatred is by means of value-based Education, such as critical thinking.
Discuss it on a wider platform.
- Fighting against hate speech cannot be isolated. It should be discussed on a wider platform such as the United Nations
Speed track courts.
- Set speed track courts to trial hate speech cases, which may discourage people from resorting to hate speech.

Implement rules and laws in true spirit.
- Such as Sections 153A and 153B of the IPC, which Punishes acts that cause enmity and hatred between two groups.

Pic Courtesy: The Hindu

Content Source: Times of India