ForumIAS announcing GS Foundation Program for UPSC CSE 2025-26 from 19 April. Click Here for more information.
ForumIAS Answer Writing Focus Group (AWFG) for Mains 2024 commencing from 24th June 2024. The Entrance Test for the program will be held on 28th April 2024 at 9 AM. To know more about the program visit: https://forumias.com/blog/awfg2024
Source: The post is based on an article “Hate crime, punishment” published in the “The Hindu” on 7th July 2022.
Syllabus: GS 2 Important Provisions of the Constitution of India
Relevance: Fundamental Right to freedom of speech and expression vs Hate Speech
News: In recent, Umesh Kolhe, a chemist working in Amravati, Maharashtra, and Kanhaiya Lal, a tailor working in Udaipur, Rajasthan were knifed to death in retaliation for their sharing of a post in support of controversial comments on the Prophet.
What are the problems with hate speech?
Although India laws clearly define the reasonableness of the right to exercise the freedom of expression in India. However, the Indian laws do not clearly define hate speech, which are directed at communities and intended to fan communal hatred.
In the age of online media and messaging, hate speech incidents have become a significant problem.
Legal Regime
There are provisions in the law that can be interpreted as allowing for criminalising offences that are related to hate speech, in particular those that are likely to incite violence.
Way Forward
The Law Commission of India has recommended adding specific provisions in the Indian Penal Code to tackle hate speech.
The Union and the State governments should reassure citizens on the need for communal amity and it should reassure that the purveyors of hate speech and those indulging in violence in retaliation will be prosecuted.
The governments must reorient themselves to the rule of law. They should strictly adhere to constitutional values like the secular fabric of the country must be preserved at all costs.
Justice and the application of the rule of law should not only be seen to be done. It should be applied in a fair manner without prejudice for or against specific communities.
The Union and State governments should not use the enforcement authorities to inflict collective punishment on communities for the individual acts of transgression.
All the political parties including those in power and in opposition, must refrain from fanning communal hatred.
