Regulation of hate speech is the sine qua non for a diverse country like India. Meanwhile, it may also lead to curtailment of free speech. Put your views on how to balance this complication. (200 words)
Refer – The Hindu
Enrich the answer from other sources, if the question demands.
IAS Parliament 6 years
KEY POINTS
· One of the greatest challenges before a country like India, with its diverse castes, creed, religions and languages is to ensure that the liberty guaranteed under our constitution are not exercised to the detriment of any individual or the disadvantaged section of the society.
· Hate speech has not been defined in any law in India.
· Hate speech is generally defined as an incitement to hatred against a particular group of persons marginalized by their religious belief, sexual orientation, gender, and so on.
Necessity of hate speech regulation
· Hate speech have the potential to provoke individuals and society to commit acts of terrorism, genocide, and ethnic cleansing.
· Offensive speech has real and devastating effects on people’s lives and risks their health and safety.
· It is harmful and divisive for communities and hampers social progress.
· If left unchecked, hate speech can severely affect right to life of every individual.
· In the age of technology; the anonymity of the Internet allows a miscreant to easily spread false and offensive ideas.
· These ideas need not always incite violence but they might perpetuate the discriminatory attitudes prevalent in the society.
Free speech Vs Hate speech
· Article 19(2) of the Constitution guarantees freedom of speech and expression to all citizens of India.
· The importance of allowing diversity of opinion has guided the principles of free speech.
· But sometimes, even a speech that is vehement, caustic and unpleasantly sharp were also protected under this freedom.
· Meanwhile, setting a standard for determining unwarranted speech may lead to suppression of free speech and expression.
· Also, the mandated standard can also be misused to fulfil some vested interests.
· Liberty and equality are complementary and not antithetical to each other.
· The intent of freedom of speech is not to disregard the weaker sections of the society but to give them equal voice.
· Similarly, the intent of equality is not to suppress this liberty but to balance it with the necessities of a multicultural and plural world, provided such constraint does not unduly infringe on the freedom of expression.
Way ahead
· Enacting a comprehensive definition of hate speech is the first step in this process of balancing.
· Law courts, in absence of clear provisions in IPC, are unable to prosecute hate speech charges brought before them.
· Law commission has recommended insertion of provisions in the IPC to prohibit incitement to hatred and curtail speeches causing fear, alarm, or provocation of violence in certain cases.
· Implementation of the recommendations of Law commission will be the right step forward.
Himanshu 6 years
Please review my answer.
IAS Parliament 6 years
Try to discuss why hate speech needs to be regulated. Keep writing.
KS Abhinav 6 years
Please Review.
IAS Parliament 6 years
Try to add points to supplement first part of the question. Keep writing.
