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Towards curbing hate mongering!

India has moved closer to curbing hate speeches and hate mongering by politicians and others with the Supreme Court directing the Law Commission of India to draft guidelines to define such infarctions. In a ruling, while disposing of a Public Interest Litigation (PIL) on March 12, 2014, the apex court said the guidelines would help in fine-tuning the norms that define the hate speeches and also remove ambiguity.

India has moved closer to curbing hate speeches and hate mongering by politicians and others with the Supreme Court directing the Law Commission of India to draft guidelines to define such infarctions. In a ruling, while disposing of a Public Interest Litigation (PIL) on March 12, 2014, the apex court said the guidelines would help in fine-tuning the norms that define the hate speeches and also remove ambiguity.

The ruling by a three-judge bench headed by Justice Chauhan said that lack of prosecution for hate speeches was not because the existing laws did not possess sufficient provisions; instead, it was due to lack of enforcement. The court held, “ Effective regulation of hate speeches at all levels is required as the authors of such speeches can be booked under the existing penal law and all the law enforcing agencies must ensure that the existing law is not rendered a dead letter.” The Court maintained that once the Law Commission approved the guidelines, the government should legislate to empower the Election Commission of India to curb the hate speeches. A political party could be derecognized, individuals disfranchised and punished under our penal laws.

In view of the Supreme Court of India’s direction for curbing hate speeches and hate mongering, it would be germane to glance through the existing legal provisions that deal with hate mongering and are redundant for want of effective enforcement. Presently, Sections 153A, 295 and 295A of Indian Penal Code (IPC), and Section 66A of Information Technology Act provide deterrence against hate mongering.

Section 153A seeks to punish persons who indulge in wanton vilification or attacks upon the religion, race, place of birth, residence, language etc. of any particular group or class or upon the founders and prophets of a religion. The jurisdiction of this Section is widened so as to make promotion of disharmony, enmity or feelings of hatred or ill will between different religious, racial, language or regional groups or castes or communities punishable. Offence on moral turpitude is also covered in this Section. The offence is a cognizable offence and the punishment for the same extend to three years, or with fine, or with both. However, the punishment for the offence committed in a place of worship is enhanced up to five years and fine.

Provisions of Section 153A cover the act of promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, caste, community or any other group. Acts prejudicial to harmony between different groups or castes or communities, if the acts disturb public tranquility. Acts causing fear or alarm or a feeling of insecurity among members of any religious, racial, language or national group or caste or community by use of criminal force or violence against them.

Section 295 of the IPC makes destruction, damage, or defilement of a place of worship or an object held sacred, with intent to insult the religion of a class of persons, punishable with imprisonment, which may extend to two years, or with fine, or with both. This Section compels people to respect the religious susceptibilities of persons of different religious persuasions or creeds. The ingredients of Section 295 of the IPC enunciate that the accused must do such an act with the intention of insulting the religion of any person, or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion. The accused must destroy, damage or defile any place of worship or any object, which is held as sacred by any class of persons.

Section 295A of the IPC seeks to punish deliberate and malicious acts intended to outrage the religious feelings of any class by insulting its religion or religious beliefs. This Section only punishes an aggravated form of insult to religion when it is perpetrated with deliberate and malicious intention of outraging the religious feelings of a class. Ingredients of Section 295A provide that the accused must insult or attempt to insult the religion or religious beliefs of any class of citizens of India. The said insult must be with a deliberate and malicious intention of outraging the religious feelings of the said class of citizens. The said insults must be by words, either spoken or written, by signs or by visible representation or otherwise. The offence under Section 295A is cognizable and a non-bailable and non-compoundable offence. The police has power under this provision to arrest a person charged under Section 295A without a warrant.

Coming to hate mongering on computing and other communication devices including social media, Section 66A of the Information Technology Act, as amended to date, provides punishment for sending offensive messages. Any person who sends, by means of a computer resource or a communication device,-   (a) any information that is grossly offensive or has menacing character; or (b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill-will, persistently by making use of such computer resource or a communication device, (c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine.

Above all such punitive provisions in the laws to curb hate mongering, the Constitution of India postulates “reasonable restraint” as the guiding principle while exercising all the Fundamental Freedoms guaranteed by Article 19 that provides for all the seven freedoms to the people.

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It is recalled here that in the year 2000, the then Union Law Minister Ram Jethmalani had disfranchised the Shiv Sena patriarch and founder on the recommendations of the Election Commission for his hate speeches during earlier electioneering.

Laws as deterrence against hate speeches and hate mongering are adequate. Its implementation is tardy. If only it is implemented faithfully, country’s time tested unity in diversity with attendant communal and social harmony should prevail!

By M.Y.Siddiqui

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