Law Commission Suggests New Penal Sections to Curb Hate Speech

• Law Commission of India has submitted its 267th report on ‘hate speech’ for the consideration of the Government.
• The Commission has suggested the incorporation of two new Sections in the Indian Penal Code.
• In 2014, acting on a Public-Interest Litigation filed by the NGO Pravasi Bhalai Sangathan, the Supreme Court tasked the Law Commission with suggesting measures to curb the proliferation of hate speeches by politicians, which have been increasingly dotting the landscape in recent times.

Suggestions of Commission:

• Commission has recommended the insertion of two new provisions in the Indian Penal Code.
• One is Section 153 C, which punishes incitement to hatred by imprisonment of two years, or a fine of Rs. 5,000 or both.
• The other one is Section 505A, which penalises the causing of fear, alarm, or provocation of violence with imprisonment of a year or fine of Rs. 5,000 or both.

Analysis:

• Maintaining a neutral stance on free speech – that is, holding that every offensive speech is not illegitimate or illegal – has severe ramifications for those in minority, who are deprived of the right to protect their dignity from assault. It also violates the principle of equality.
• By not limiting the definition of hate speech to those in the political (and electoral) arena, and by prescribing effective remedial and preventive measures, the Election Commission has added another bulwark against the violation of minorities’ rights.
• Offensive speech has real and devastating effects on people’s lives and risks their health and safety. It is harmful and divisive for communities and hampers social progress. If left unchecked, hate speech can severely affect right to life of every individual.
• Even a speech that does not incite violence has the potential of marginalising a section of the society, thus contradicting popular legal and judicial concepts about the ambit of hate speech.
• Incitement to violence cannot be the sole test for determining whether a speech amounts to hate speech or not. Even speech that does not incite violence has the potential of marginalising a certain section of the society or individual.
• In the age of technology, the anonymity of Internet allows a miscreant to easily spread false and offensive ideas.
• These ideas need not always incite violence but they might perpetuate the discriminatory attitudes prevalent in the society. Thus, incitement to discrimination is also a significant factor that contributes to the identification of hate speech.
   

By: Vishal