News Highlight
The Election Commission of India in the Supreme Court has said that due to the lack of a specific law against hate speech, it has to resort to the Indian Penal Code.
Key Takeaway
- In the absence of any specific law governing hate speech and rumour-mongering during elections, the Election Commission of India employs various provisions of the Indian Penal Code (IPC) and the Representation of the People (RP) Act, 1951 to ensure that members of political parties do not make statements to the effect of creating disharmony.
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, hate speech 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 hate speech to create a division in society and unite divided votes.
- It also raised the number of incidents of hate speech recently.
- Lack of specific law:
- There is no specific law to punish one who does hate speech. If there is a specific law with stringent provisions to punish hate speech, it is likely to reduce the occurrence of hate speech.
- Non-legal backing of the Model Code of Conduct:
- Hate speech mostly happens at election times. The Election Commission sometimes can not take strict measures due to the non-legal backing of the MCC.
Why must hate speech be curbed?
- Internal Security:
- Propagation of hate speech by terror outfits 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.
- It 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.
- Loss of economic opportunities:
- Most investors often do not prefer to invest in a politically unstable economy. It ultimately triggers lower economic growth and development.
- Weakening the nationalist sentiment:
- The division among people based on ideologies and others will weaken 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: Punish acts that cause enmity and hatred between two groups.
- The Representation of the People Act of 1951:
- Section 8 of the Representation of the People’s Act, 1951 (RPA) prohibits a person convicted of illegally using freedom of speech from contesting an election.
- Committee suggestions:
- Viswanathan Committee proposed a punishment of up to two years and a Rs. 5,000 fine.
- Judicial verdict:
- The Abhiram Singh case held that “any appeal to vote or refrain from voting for a candidate on the grounds of religion, caste, race, community or language by a candidate or his agent to the electors would amount to corrupt practice under the 1951 Act”.
Way forward
- Value-based education:
- The most efficient way to dilute hatred is by using value-based education, such as critical thinking.
- Discuss it on 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.
- Specific laws:
- There should be a specific law with stringent punishment to punish hate speech.
- Implement rules and laws in true spirit:
- Such as Sections 153A and 153B of the IPC, which punish acts that cause enmity and hatred between two groups.
Content Source: The Hindu