Context:
The Supreme Court observed that existing criminal laws are adequate to deal with hate speech and declined to frame new guidelines, leaving any further changes to the legislature. It emphasized constitutional values like fraternity, dignity, and equality.
- Hate speech refers to speech that incites hatred, discrimination, or violence against individuals or groups based on identity markers like religion, caste, gender, or ethnicity.
- Indian Constitution under Article 19(1)(a) guarantees freedom of speech and expression, subject to reasonable restrictions under Article 19(2) for public order, morality, and security of the State.
Legal Provisions:
- Bharatiya Nyaya Sanhita, 2023: Penalises promoting enmity between groups.
- Representation of the People Act, 1951: Disqualifies candidates convicted of promoting communal disharmony.
- SC/ST (Prevention of Atrocities) Act, 1989: Punishes insults or humiliation of SC/ST members.
Key Judgements Related to Hate Speech: Shaheen Abdulla v. Union of India (2022): The Supreme Court noted the rising climate of hate speech and directed police to take suo motu action without waiting for formal complaints.
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Hate speech law India: Supreme Court on Legal Adequacy