No specific law against hate speech: Election Commission
Krishnadas Rajagopal SEPTEMBER 14, 2022 https://www.thehindu.com/news/national/hate-speech-took-action-under-provisions-of-ipc-rp-act-due-to-lack-of-specific-law-ec-tells-sc/article65889106.ece
The ECI said the Law Commission of India, in its 267th Report, (https://lawcommissionofindia.nic.in/reports/Report267.pdf ) had not made any recommendations with regard to a specific query (from the Supreme Court) on whether the ECI ought to be conferred with the power to derecognise a political party, disqualifying its members for committing the "offence of hate speech".
Neither did the Law Commission make any recommendations to the Parliament to strengthen the Election Commission to curb the "menace of hate speeches, irrespective of whenever made".
The ECI said the Law Commission had rest content by suggesting amendments in the criminal law to "penalise the offence of incitement to hatred and causing fear, alarm or provocation of violence in certain cases".
The poll body said hate speeches were "often interconnected with appeals to religion, caste, community, etc, during election campaigning.
It referred to several apex court judgments, among them the Abhiram Singh case, which had held that "any appeal to vote or refrain from voting for a candidate on the grounds of religion, caste, race, community or language by a candidate or his agent to the electors would amount to corrupt practice under the 1951 Act".
This judgment had been brought to the notice of political parties in January 2017. The parties were told by the ECI to desist from making hate statements. Hate speech and communal statements by candidates or their agents could be raised in election petitions.
Though the Model Code of Conduct had no "legal sanctity", the ECI said it had introduced guidelines in the Code asking parties to desist from making communal statements.
Hindu report in 2017: The Law Commission recommends two new provisions in IPC
The Criminal Law (Amendment) Bill, 2017 suggested by the Commission proposes to add Section 153C (prohibiting incitement to hatred) and Section 505A (causing fear, alarm, or provocation of violence in certain cases) in the IPC and make the necessary changes in the Criminal Procedure Code.
The Commission defines hate speech as an “incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like”. Thus, “hate speech is any word written or spoken, signs, visible representations within the hearing or sight of a person with the intention to cause fear or alarm, or incitement to violence.”
What did the Law Commission say about Hate Speech in its 2017 report?
BY BHARATH KANCHARLA ON SEPTEMBER 30, 2020 https://factly.in/review-what-did-the-law-commission-say-about-hate-speech-in-its-2017-report/ In many countries including India, the challenge with identification & codification of Hate Speech is to balance it with right to the Freedom of Expression that is guaranteed to its citizens. It is also important to ensure that the freedom is not put to indiscriminate use, especially by those who are powerful and thereby compromising and infringing on the rights of the disadvantaged communities.
https://scroll.in/article/832978/does-india-need-stronger-hate-speech-laws-the-law-commission-seems-to-thinks-so
Proposed amendments
The first would deal with an incitement to hatred. It says:
“Who ever, on grounds of religion, race, caste or community, sex, gender identity, sexual orientation, place of birth, residence, language, disability or tribe –
(a) uses gravely threatening words either spoken or written, signs, visible representations within the hearing or sight of a person with the intention to cause, fear or alarm; or
(b) advocates hatred by words either spoken or written, signs, visible representations, that causes incitement to violence
shall be punishable with imprisonment of up to two years and/or a fine of up to Rs 5,000.”
The second proposed amendment would curb speech that causes fear, alarm or is a provocation to violence. It says:
“Whoever in public intentionally on grounds of religion, race, caste or community, sex, gender, sexual orientation, place of birth, residence, language, disability or tribe uses words, or displays any writing, sign, or other visible representation which is gravely threatening, or derogatory:
(i) within the hearing or sight of a person, causing fear or alarm, or;
(ii) with the intent to provoke the use of unlawful violence,
will be punished with imprisonment of up to one year and/or a fine up to Rs 5,000.”