x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Congress turns aggressive | Why Kashmiri Pandits need a Separate Homeland? | “Chhapaak” a true story of Laxmi an acid attack survivor | Initiation of Political Process in J&K and Ladakh | Hotel Ramada to host Kashmiri Food festival from Jan 20 to Jan 26 | Jammu will soon host int’l cricket match: Anurag Thakur | Road Safety Week organized at RM Public School | Association to organizes Open Carrom Championship from Jan 22 | “Universal Wheels” opened in Channi Himmat | Natrang stages Hindi Play ‘Uthal Puthal’ | Development in J& K gathered pace after governor’s rule in 2018: Goyal | Kashmir unrest affects Vaishno Devi pilgrimage, Jammu business | NIA to question arrested DSP Davinder Singh in Srinagar | Doda Admin honors participants Road Safety Week | One person arrested, fake currency recovered in Anantnag | January 19, 1990 was a Doom's Day for Kashmiri Pandits: NYC | GoI committed to equitable, fast-track development of JK: R K Singh | BJP KDD observes Holocaust day | PM, HM urged to safeguard jobs of J&K, Ladakh youth | Muraleedharan e-inaugurates Rural Haat, PMGSY projects | BMO Mendhar felicitated | SDM inaugurates 3-day pulse polio campaign | Union Health Minister inaugurates National Immunization Day | United Class IV Forum nominates office bearers | Nowshera resident decry improper distribution of PMUY cylinders | NDWA stages protest demonstration | ADC inaugurates pulse-polio programme | Darakhshan organises relief distribution camp | Ex MLA dedicates lane to inhabitants | Bajrang Dal accuses Forest Deptt of harassing innocent people | Sikh Organization demands induction of Sikh advisor | Former NCP leader welcomes removal of toll tax | JCCI demands resignation of NITI Aayog member for his ''dirty films'' remark | Growing public disenchantment in J&K unnerves BJP: Bhalla | JKTF demands release of pending salary, 7th PC | Manwal-Majalta via Satrari road still waits blacktopping, authorities unmoved | 1000 MW Pakal-Dool HEP management ignores safety norms, put lives of labour’s at risk | As people remain unaware in Rajouri, Pulse Polio Immunization campaign fizzles out | As people remain unaware in Rajouri, Pulse Polio Immunization campaign fizzles out | Work on AIIMS in Samba to start in Feb: Choubey | Atmosphere conducive for Kashmiri Pandits' to return to valley, says Giriraj Singh | Verification of executed works: Govt deploys additional staff to DSEOs | Time Has Come For Kashmiri Pandits to Return to UT to Get Back Their Rights,’ Says Anurag Thakur | Govt. constitutes team to visit snow affected areas, assess stock, supply position | Smriti Irani inaugurates footbridge, laid foundation stone of water tank | Contrasting weather in J&K: Sun shines brightly in day, makes way for cold night | Stranded due to heavy snowfall, army soldier misses his own wedding | Protests mark 30th year of Kashmiri Pandits' exodus from Valley | Soaring prices of fuel, vegetables, groceries have wrecked common household's budget: Manju Singh | Harsh Dev counters Union Ministers over development claims | Two killed as boulder hits vehicle on Jmu-Sgr NH | Visit of Central Ministers mere an eye wash: Jugal Kishore | One-way traffic to ply from Jammu to Srinagar on national highway | Union ministers'' J&K visit continues on day 2 | Shiv Sena demands enquiry into recruitment, contract allocating process of AFCON Kishtwar | Shaikshik Mahasangh celebrates Kartavya Bodh Divas Karyakaram | Udhampur gets its first 'child-friendly' police station | Road to Karnah reopens; border towns of Keran, Machil, Gurez remain cut-off | Back Issues  
 
news details
Disagreement or hate speech: war between constitution and hate speech laws
Nikhil Padha12/4/2019 10:16:04 PM
Legal framework on Hate Speech in India. A patch work of law governs hate speech in India. Although the term "hate speech" is not actually used, several statutes which criminalize speech convincible fall under the umbrella of hate speech. The bulk of hate speech is regulated by Indian Penal Code (IPC), under which several complains about hate speech are filed. However other statutes such as Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act)1989, also criminalize certain category of hate speech . Medium -specification of speech takes place through statutes like Cinematography Act of 1952and the cable TV regulation act of 1995 (Cable TV Act). In addition to substantive law , procedural law like the criminal procedure code , which is used to pre censor certain category of speech . Other lawss such as Custom Act of 1962 may also be used to prevent the circulation of publications. The part of the IPC that describe speech that falls in the category of hate speech include section 153A ,295, 295A, 298 all of which their origin dating back to the colonial pre constitution era. Some parts of the section 295A , were added to the response to particular incidents, where other parts of IPC like Section 153A, have been amended many times. The Hate Speech Law Contained with the IPC has been subject to the multiple constitutional challenges and has survived, albeit with certain qualifications. For Example, prosecution under section 295A will be legitimate only if speech has a calculated tendency to breach public orders.
There are other special statutes that criminalizes hate speech directed at certain groups. For Example, The Scheduled Castes and The Scheduled Tribes (Prevention of atrocities act) of 1989 deals with the speech directed at certain groups from specific caste groups that have a history of facing discrimination and violence . Procedural Law contained in Code of Criminal Procedure (CRPC) is very influential. The CrPC uses methods that maybe described as pre-censorship or prior restraint. For example , Section 95 of CrPC can be used to prohibit the circulation of written material. This law is used by the Nagaland Government to ban Dan Brown's book "Da Vinci Code" , three years after its release .
Adding to the patchwork of law governing hate speech in India are regulations such as Indian Election Law that cover "promoting enmity or hatred" during elections. Election law targets corrupt practices and promotion of enmity or hatred during election. Candidates may be disqualified from running for office if they are found violating such laws. The laws described above, each have their own history and priorities , ranging from maintenance of public order to prevention of discrimination.
India's hate speech law has been criticized for encroaching on freedom of expression. For Example Human Right Watch Report states that India's hate speech laws do not meet the International freedom of expression standard set by the International Covenant on Civil and Political Rights. The report argues that broadly defined hate speech offenses in India allow for "arbitrary and abusive application of law and creates an unacceptable chill on the discussion on issues relating to race and religion". The part of Indian Constitution that arguably enables hate speech law, despite the constitutionally guaranteed right to freedom of expression, is the article 19(2) "public order " exception to the right to freedom of expression.
In 1957, the Supreme Court declared in RamJi Lal Modi vs State Of U.P , that section 295A of Indian Penal Code was constitutional , specifically because it fell within the "public order" exception to the right to freedom of expression . In Ram Ji Lal Modi vs State Of U.P , section 295A was challenged on the grounds on being overly broad. The court interpreted the phrase "in interest of" in Article 19(2) to mean that the public order exception was wide, extending beyond regulation of public disorder to incidents with a tendency to cause public disorder. The court recently read public order narrowly in the land mark case of Shreya Singhal. The Supreme court went to find section 66A of Information Technology Act overly broad and vague, and held that it infringed the right to freedom of expression.
While policy makers and other state actors seems focus on the potential violent affects of certain kind of hate speech, litigants have expressed contradictory concern about hate speech. Some citizens have petition the Supreme Court for increased regulation of hate speech laws while other advocate for decriminalization of hate speech. One resolved case, Pravasi Bhalai Sangathan v union of India & others sought stricter regulation of hate speech since the petitioner saw existing legal mechanism as inadequate. The court referred the issue raised in the petition to the law commission of India for its consideration. The other case, Subramanian Swamy v Union of India & others seeks a remedy that might erode the legal framework for hate speech. This is the case in which petitioner has asked the court to find section 153A and 295A unconstitutional. Section 153A criminalizes the promotion of disharmony or feeling of enmity , hatred or ill will between different communities , while section 295A criminalizes "insults" to religion . Together these two cases illustrated the conflicted relationship between hate speech laws and article 19(2)(a) of Indian Constitution.
Response to the online Hate Speech - State uses strategies such as social media labs, help lines like the one setup by Mumbai Police , Internet Shutdowns and counter speeches are employed as a result, multiple Indian States have cut citizens access to the Internet, Including Broadband, mobile or both when faced a public order problem . But this long term internet shutdown effects economy, business , enterprises, education ,etc that rely exclusively on online models for their survival.
Hate speech is a serious problem in India with its ongoing communal and caste related tensions. It is clear that hate speech law is outdated and affects a wider ranges of speech then is necessary. The law has a detrimental effect n the freedom of expression, since it is often misused by the state to intimidate speakers. It is therefore necessary to study not just the immediate, but also the second order effect of law on hate speech.
Section 153A of IPC, have been invoked to harass , humiliate and clamp down on artistic expression and free speech. The constitutionality of penal provisions to hate speech , have been challenged in the supreme court by Subramanian Swamy, who faces cases related to hate speech in courts across the country for his provocative , anti-minority statements. While it is increasingly clear that there is an urgent need to clarify, either through directives to police or legislative amendments , that certain category of speech should be exempt from this section perhaps category such as academic speech , historical research, etc. It is the time we pause to think about rational of these laws. Courts need to re appropriate and nurture their strand, and for this there must be a genuine commitment to the value of speech that comes with a commitment to preventing the circulation of narrow that would genuinely falls under the category of dangerous speech. Everything outside this sphere needs to freed from the shackles of the criminal law . Additionally, hate speech doctrine needs to recognize the claim of truth as an important criterion if not as an absolute defense. Until we move in this direction, democratic debate in India will continue to remain hostage to hackler's veto, and freedom of speech and expression will remain a vision that we can sight but never quite grasp.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU