Why in the news?
Acting on a notice to impeach Justice Shekhar Kumar Yadav of the Allahabad High Court, Rajya Sabha Chairman Jagdeep Dhankhar is likely to form an inquiry committee. It will look into the alleged hate speech made by the judge at a VHP event in December last year.
What is Hate Speech?
(a) According to the 267th Report of the Law Commission of India, hate speech refers to an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like.
(b) Impact: It poses grave dangers like:
(i) communal violence.
(ii) loss of human rights, rule of law and cohesion in a democratic society.
Freedom of Speech vs Hate Speech
(a) Constitution: Article 19 of the Constitution guarantees freedom of speech and expression to all citizens of India. However, this right is not absolute.
(b) Reasonable Restriction: Article 19 provides certain restrictions, including defamation or incitement to an offence. This forms the bedrock against Hate Speech.
Important Judgments Related to Hate Speech
(i) Pravasi Bhalai Sangathan v. Union of India (2014): The court acknowledged the growing problem of hate speech but didn’t explicitly criminalise it. But, urging the Law Commission to consider specific legislation.
(ii) Shreya Singhal v. Union of India (2015): This case focused on online hate speech, striking down Section 66A of the Information Technology Act. It allowed authorities to block online content deemed “grossly offensive or harassing.”
(iii) Pravasi Bhalai Sangathan v. Union of India(2014), Implementation of existing laws would solve the problem of hate speech to a great extent. (SUPREME COURT)
Challenges to hate speech
(a) Defining hate speech: There is no universally accepted definition of hate speech. So, it enhances the difficulty to punish the accused and establish guidelines about what hate speech is?.
(b) Balancing the right to speech and hate speech: Hate speech laws are considered a restriction on free speech. This can lead to legal challenges and pushback from civil liberties groups.
(c) Social Media-based hate speech: Most hate speech occurs through social media behind anonymous accounts. This adds to the struggle to identify and remove the content.
(d) Multilingual Country: It can be difficult to identify and remove hate speech in local languages on platforms that primarily support only English. Those trying to moderate content may not understand the cultural and linguistic nuances.
(e) Activities by Political Leaders: Political leaders like Trump delivered many hate speeches online; however, no one was held accountable due to their popularity. There is a similar trend in India.
(f) Lack of resources and legal framework: India lacks the resources and legal framework to address hate speech effectively. This makes it difficult to enforce laws and regulations.
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Way Ahead
(a) Education and Awareness: In a multilingual country like India, hate speech can incite violence and riots (eg, Nuh Violence due to Hate Speech). Awareness through online channels is essential to address the spread of hate speech.
(b) Collaboration: It is a complex and multifaceted issue that poses significant challenges for regulators and policymakers, which will require a multifaceted approach that includes education, technology, and legal enforcement.
(c) Strengthen implementation of existing laws: Police should have a proper training set to address mob violence based on hate speech. Other measures like media literacy, dialogue, self-regulation, and civil society engagement should complement this.
(d) Establish and enforce codes of conduct: For legislators to hold lawmakers and political parties accountable for hate speech, and promote media ethics to discourage its dissemination.
Conclusion
Effective and sustainable measures are necessary to combat and prevent hate speech. The goal is to avoid dangerous escalation and build inclusive societies. For a country like India with a diverse population, issues like hate speech must be addressed so that any escalation could be avoided and unity and tranquillity be maintained in the society.