Implement law panel report on hate speech: PIL

Tribune News Service

New Delhi, February 27

Amid controversy surrounding alleged inflammatory speeches by some BJP leaders, a Delhi BJP leader on Thursday moved the Supreme Court seeking a direction to the Centre to implement a Law Commission report that recommended certain changes in both substantive and procedural laws to curb hate speech.

The PIL came a day after the Delhi High Court wondered why no FIRs were registered against BJP leaders Anurag Thakur, Kapil Mishra and Parvesh Verma for their alleged hate speeches in Delhi. Filed by Delhi BJP leader and lawyer Ashwini Upadhyay, the PIL wanted the top court to direct the ministries of home and law and justice to implement the 267th report of the Law Commission on hate speech submitted to the Centre in 2017.

Alleging inaction on the part of the Centre since 2017, Upadhyay pointed out that in a country like India, which has diverse castes, creed, religions and languages, hate speech poses a greater challenge.

In its 2014 verdict in Pravasi Bhalai Sangathan versus Union of India, the Supreme Court had asked the Law Commission to examine if it “deems proper to define hate speech and make recommendations to the Parliament to strengthen the Election Commission to curb the menace of ‘hate speeches’ irrespective of, whenever made.”

Analysing existing laws on hate speech in India and abroad, the commission had said, “Law Commission of India is of considered opinion that new provisions in IPC are required to be incorporated to address the issues…”

It had suggested amending the Indian Penal Code by inserting new provisions — Section 153C (Prohibiting incitement to hatred) and Section 505A (Causing fear, alarm, or provocation of violence in certain cases). It had also suggested certain changes in the Code of Criminal Procedure.

Noting that hate speech posed complex challenges to freedom of speech and expression, the panel had said generally it was an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief.

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”, it had said.

“Responsible speech is the essence of the liberty granted under article 21 of the Constitution. One of the greatest challenges before the principle of autonomy and free speech principle is to ensure that this liberty is not exercised to the detriment of any individual or the disadvantaged section of the society,” the plea said.