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Essay On Hate Speech

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HATE SPEECH LAWS IN INDIA: A Need for a Fine Distinction
WORD COUNT: 4,963 WORDS (MAIN ARTICLE EXCLUDING FOOTNOTES)
I. ABSTRACT Hate speech, loosely defined, refers to any word, written or spoken, designated to incite the feeling of animosity amongst different classes or strata’s of the society. In India, there are several laws that govern the usage of Hate speeches, which historically developed to prevent hurting the religious sentiments of different communities coexisting in a secular state such as India. The legislation against hate speeches can be seen in the form of various Sections of IPC such as 153A, 295A etc along with the constitutional discourse confined in Article 19(2). Section 153A state about written statements, Section 295A states about deliberate attempt to hurt religious sentiments. The historical development starts with Mahashe Raj pal Vs Emperor case and was upheld by Supreme Court in sucessive cases. The contemporary issues basically revolves upon the need to apply in a fine way which has been highlighted in MF Husain case and Kiku sharda case where the application of Section 153A and Section 295A was seen as infringement of Fundamental right under Article 19 of Constitution of India. This issue was highlighted by Supreme Court in several cases like Ramesh s/o ChotalalDalal v Union of India and ors …show more content…

Some of the landmark cases that are pivotal in the evolution of Laws against hate speech are A K Gopalan,Chandmal Chopra v State of West Bengal and ors Ramji Lal Modi v State of Uttar Pradesh, Gopal VinayakGodse v Union of India and ors

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