RISKY ASPECTS OF HATE SPEECH LAWS.
The modern world comprises of wide interactions of different background. Hate and provocative speech is something that leads to violence. Browsing through newspapers and surfing the internet we encounter that there has been a subtle increase in student activism.
A preliminary importance has been laid on the concoction of words that can be termed as hate speech, but for the vocal section of our country it has been presumed as free speech .1 A trivial sense of knowledge being voiced can be insidious to the society . ‘A Little knowledge is a Dangerous thing’ the proverb has been rightly opined where people are misled into being a critic.
With divergent backgrounds in our country, every generation has a proximity to reinvent the era and often repeat mistakes bygone.
Our Constitution has inscribed fundamental rights for the country citizens but solely voicing a harsh opinion on the name of freedom of speech and expression and instigating people by misleading words which ultimately resorting to protests by causing their hackles rise. At the outset, a campaign was undertaken by the art, film and culture industry to save the throttling democracy they descended on the streets by demanding a ‘FUTURE free of HATE and WAR’.
The government has administered various opportunities and clarity but in the contrary people do not acknowledge the same and resort to hate speech and prolonged protests side-lining one’s responsibilities. With the augmented digitalisation risky aspects of hate speech has been on the rise, the ethos of the youthful have benefited from the same where there has been an instant proliferation about any opinion over social media. With kindred technology people have found it convenient to voice their harsh views over multiple social
media websites . Today in the tech savvy world, people have become vulnerable towards the social content that they see and presume it to be true. In a Supreme Court case of Pravasi Bhalai Sangathan v Union of India & Ors. looked for deep consideration by Law Commission.2 Freedom of speech is considered to be significant rights as it allows a person to attain self fulfilment and strengthen the capacity to enjoy full freedom.
Free speech principle is to ensure that liberty is not exercised to the detriment of any individual or the disadvantaged section of the society. In a country like India with diverse castes, creed, religions the issue poses a great challenge. Sec 295A IPC penalises ‘deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. In Ramji Lal Modi v State of UP the Supreme court upheld the constitution validity of constitution of this section 295A IPC and ruled that this section does not penalise every act of insult to or attempt to insult the religion or religious beliefs of a class of citizens which are perpetrated with the deliberate and malicious intention of outraging the religious feelings of that class.3
Conclusion:-
Hate speech is an expression which is likely to cause distress or offend other individuals on the basis of their association with a particular group or incite hostility towards them. Even with regards to CAA protests were hailed, inciting people from different walks of life. Hate Speech were made during anti CAA protests. It is extremely essential to humanise ourselves and ignore the negativity. When hate speech is considered one must always take into consideration the content.
1. Concoction implies a mixture of various ingredients or elements.
2. AIR 2014 SC 1951
3.AIR 1957 SC620