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According to the National Crime Records Bureau(NCRB), there has been an increase in cases registered to promote hate speech (HS).
When was Section 295 (A) introduced?
- The closest equivalent to a blasphemy law in India is Section 295(A) of the Indian Penal Code (IPC).
- This law punishes any speech, writings, or signs insulting citizens’ religions or religious beliefs with a fine and imprisonment for up to three years.
- Section 295A was brought in 1927.
- The legality of Section 295(A) was affirmed by a five judge Bench of the Supreme Court in 1957 in the Ramji Lal Modi case.
- The apex court reasoned that while Article 19(2) allows reasonable limits on freedom of speech and expression for public order,
- The punishment under Section 295(A) deals with an aggravated form of blasphemy.
Are hate speech cases rising?
- According to the data given by the National Crime Records Bureau(NCRB), there has been an increase in cases registered to promote HS and foster societal animosity.
- As per the data, there were only 323 cases registered in 2014. However, it had increased to 1,804 cases in 2020.
Section 66A of the Information Technology Act.
- In cases where such speech is online, Section 66A of the Information Technology Act punishes sending offensive messages through communication services.
- In a landmark verdict in 2015 (The Shreya Singhal case), the Supreme Court struck down Section 66A as unconstitutional on the ground that the provision was “vague” and a “violation of free speech”.
- However, the provision continues to be invoked.
What is blasphemy?
- Blasphemy is an adjective used to indicate offensive language and behaviour, particularly when it relates to religion.
Hate speech
- It 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.
Reasons for Hate Speech:
- 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, HS may fuel fragmentation.
- New age technologies
- The social media platforms enable the quick propagation of misinformation
- On top of that; this platform is not adequately censored.
- Political reasons.
- Some political parties use HS to create a division in society and unite divided votes.
- It also raised the number of incidents of hate speech recently.
Why must hate speech be curbed?
- Internal Security:
- Propagation of HS 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.
- HS leads to hate crimes, as seen during the departure 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.
- They are 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.
Existing measures to tackle hate speech.
- 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 illegally using 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 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 disclosing or encouraging hatred or enmity between different classes or communities.”
Way forward
- Value-based education.
- The most efficient way to dilute hatred is using value-based Education, such as critical thinking.
- Discuss it in a broader platform.
- Fighting against hate speech cannot be isolated. It should be discussed on a broader 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.
Content Source: The Hindu
Image courtesy: The Hindu