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Introduction

Hate speech is a sensitive issue that has the potential to disrupt harmony among different ethnic and religious communities. In India, hate speech laws aim to prevent such discord and protect the rights of citizens. These laws provide a framework for seeking punishment against individuals who disrespect others based on various grounds, including religion, race, place of birth, residence, language, caste, or community. The Indian penal code, specifically Section 153A, prohibits the creation of disharmony or feelings of enmity, hatred, or ill-will between different groups of people.

The Constitutional Framework

The Constitution of India does not establish a state religion and upholds the principle of freedom of conscience and the right to freely profess, practice, and propagate religion. However, this right is subject to reasonable restrictions to maintain public order, decency, or morality. Additionally, Article 28 prohibits any religious instruction in educational institutions funded by the state.

Restricting Freedom of Expression

While India guarantees the right to freedom of speech and expression under Article 19 of the Constitution, there are laws that put limitations on this right to curb hate speech. Section 95 of the Code of Criminal Procedure empowers the government to declare certain publications as "forfeited" if they contain matter punishable under relevant sections of the Indian Penal Code, including Section 124A (sedition), Section 153A (promoting disharmony), and Section 295A (outraging religious feelings).

Section 153A: Promoting Disharmony

Section 153A of the Indian Penal Code criminalizes acts that promote disharmony, enmity, hatred, or ill-will between different religious, racial, language, or regional groups, castes, or communities. This section covers various forms of expression, including spoken or written words, signs, visible representations, or any other means. Violations of this section can result in imprisonment, fines, or both.

Section 295A: Outraging Religious Feelings

Section 295A, enacted in 1927, targets deliberate and malicious acts that insult or attempt to insult the religious feelings of any class of citizens. This section aims to protect religious beliefs from derogatory treatment. Offenders can face imprisonment, fines, or both. The legislative history of Section 295A reflects the need for a law against insult to religious feelings, as highlighted by a controversial book published in 1924 that sparked demands for legal protection.

Case List: A Snapshot of Hate Speech Cases in India

India has witnessed several high-profile hate speech cases that have tested the boundaries of free speech and religious sensitivities. Here is a glimpse of some notable cases:

Accused Arrested or Censored, Court Verdict Guilty

1. Ramji Lal Modi's Case: In 1957, publisher Ramji Lal Modi was found guilty of publishing a cartoon and article that insulted the religious beliefs of Muslims. He was sentenced to imprisonment and fined under Section 295A.
2. Henry Rodrigues' Case: In 1961, Henry Rodrigues was convicted of insulting the religious beliefs of Roman Catholics through his writings. He was fined and faced imprisonment.
3. Baba Khalil Ahamad's Case: In 1960, the Uttar Pradesh government forfeited all six books written by Baba Khalil Ahamad due to derogatory references to a historical figure, which outraged the religious feelings of the Sunni Muslim community.
4. R.V. Bhasin's Case: In 2007, R.V. Bhasin's book, "Islam - A Concept of Political World Invasion by Muslims," was banned in Maharashtra for outraging the feelings of the Muslim section of society.
5. Azam Khan's Case: In October 2022, Samajwadi Party leader Azam Khan was found guilty of hate speech against UP Chief Minister Yogi Adityanath. Khan was charged for a provocative speech that disturbed public tranquillity.

Accused Arrested or Censored, Court Verdict Unknown or Not Guilty

1. Rashid Jahan's Case: In 1932, Rashid Jahan and three others faced backlash for publishing a collection of Urdu short stories that criticized customs within their own community. The book was banned under Section 295A.
2. Dr. D'Avoine's Case: In 1933, Dr. D'Avoine was arrested for publishing an article considered offensive to Catholics. The court found that the article's purpose was consistent with the magazine's aim of promoting scientific and tolerant thinking.
3. Periyar E. V. Ramasamy's Case: In 1953, Periyar E. V. Ramasamy broke an image of the god Ganesh in a public meeting. Although a police complaint was filed, the lower courts dismissed the case, stating that the act did not constitute an offense.
4. Garment-Maker's Case: In 2006, a garment-maker faced a complaint under Section 295 for printing text from Hindu and Jain religions on clothing. The police filed the complaint but did not proceed with legal action.

These cases represent a range of outcomes, showcasing the complexities surrounding hate speech laws and their interpretation by the judiciary.

Contradicting Views of the Supreme Court

The Supreme Court of India has expressed varying perspectives on hate speech and its regulation. In 2013, the court issued a notice to the government and the Election Commission regarding guidelines to curb hate speeches by elected representatives. However, in 2014, the court dismissed a PIL seeking intervention in curbing hate speeches, emphasizing the importance of preserving the fundamental right to freedom of expression.

In October 2022, the Supreme Court directed the government to take strong action against individuals making hate speeches, particularly against Muslims. The court warned of contempt proceedings if the authorities fail to act.

Misuse of Hate Speech Laws

While hate speech laws serve a crucial purpose, there have been concerns about their misuse. Governments have been accused of suppressing dissent and press freedom by misusing these laws. The increasing number of cases filed under Section 153A between 2014 and 2020, along with a high pendency rate and low conviction rate, raises questions about the effective implementation of these laws.

Conclusion

Hate speech laws in India play a vital role in maintaining harmony among diverse communities. These laws aim to protect citizens from disrespect, enmity, or ill-will based on various grounds. While freedom of expression is a fundamental right, it is subject to reasonable restrictions to preserve public order, decency, and morality. The judiciary continues to grapple with striking a balance between protecting religious sensitivities and upholding the principles of free speech. It is crucial to ensure that hate speech laws are not misused and that the legal system operates in a fair and just manner.

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