Syllabus: GS2/Governance
In News
- Rajya Sabha may form a panel to probe hate speech charges against HC judge.
| Do you know? – Articles 124 and 217 of the Constitution provide that a judge of the Supreme Court/High Court shall be removed by the President, on the grounds of ‘proved misbehaviour’ or ‘incapacity’ after a motion is passed in each House of Parliament by a majority of the total membership of that House and by a majority of not less than two thirds of the members of that House present and voting (special majority) in the same session. – The Judges (Inquiry) Act, 1968 outlines the removal process for judges. 1. A motion must be signed by at least 50 Rajya Sabha members or 100 Lok Sabha members. 2. The Chairman or Speaker can admit or reject the motion after review and consultation. |
What is ‘hate speech’?
- Hate speech lacks a specific legal definition but generally refers to speech, writings, or actions that incite violence or spread hatred and disharmony between communities.
- According to the Law Commission of India, hate speech targets groups based on race, ethnicity, gender, religion, etc., intending to cause fear, alarm, or incite violence.
- It is viewed as a restriction on free speech to protect individuals or groups from hate, violence, or humiliation.
- The Law Commission has proposed adding two new IPC sections—153C and 505A—to specifically criminalize hate speech.
How is it treated in Indian law?
- In Indian law, hate speech is primarily addressed under Sections 153A (now Section 196 of the Bharatiya Nyaya Sanhita) and 505 of the IPC (now Section 353 of the Bharatiya Nyaya Sanhita).
- Section 153A criminalizes promoting enmity between groups based on religion, race, language, etc., punishable by up to three years in prison, or five years if done in places of worship.
- Section 505 penalizes statements that incite public mischief, fear, or hatred between communities, with jail terms up to three years, or five years if occurring in religious settings.
Issues and Concerns
- Enforcement of hate speech laws in India is inconsistent and often influenced by bias.
- The rise of social media has further complicated regulation by providing new platforms for spreading hate.
Suggestions and Way Forward
- India must carefully balance free speech with controlling hate speech to preserve peace, equality, and the rule of law.
- This requires stronger laws, fair enforcement, and greater public awareness.
Source :IE
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