Don’t wait for complaints to act against hate speech, Supreme Court tells police

Source: The post is based on the article “Explained | How is the energy crisis in Europe shaping up?” published in The Hindu on 20th October 2022.

What is the News?

The Supreme Court has directed the police and authorities to immediately and suo motu register cases against hate speech makers without waiting for a complaint to be filed.

The action should be taken regardless of the religion of the speaker. Any hesitation to act as per the directions would be viewed as contempt of court.

What is Hate Speech?

There is no specific legal definition of ‘hate speech’. Provisions in law criminalize speeches, writings, actions, signs and representations that foment violence and spread disharmony between communities and groups and these are understood to refer to ‘hate speech’.

The Law Commission of India in its 267th Report, says: Hate speech generally is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation and religious belief.

How is Hate speech treated under Indian Law?

Sections 153A and 505 of the Indian Penal Code are generally taken to be the main penal provisions that deal with inflammatory speeches and expressions that seek to punish ‘hate speech’.

Under Section 153A, ‘promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc and doing acts prejudicial to maintenance of harmony’, is an offence punishable with three years’ imprisonment.

– It attracts a five-year term if committed in a place of worship, or an assembly engaged in religious worship or religious ceremonies.

Section 505 of the Indian Penal Code(IPC) makes it an offence to making “statements conducing to public mischief”.

What has the Law Commission proposed on Hate Speech?

The Law Commission has proposed that separate offences be added to the IPC to criminalize hate speech quite specifically instead of being subsumed in the existing sections concerning inflammatory acts and speeches.