HATE SPEECH AND FREE SPEECH: FINDING A MIDDLE COURSE

Abstract

The legal research paper aims at discussing the intricacies involved in the concept of ‘hate speech’ and the necessary limitations in this regard. The authors have concentrated on the colossal diversity prevalent in India and the consequent importance of maintaining peace and order in such a society. The various legal provisions in criminal law that deal with discrimination, incitement to violence on grounds of racial, religious, sexist, linguistic differences and the confinements on the freedom of expressions have been emphasized in this work of research. The paper goes on to discuss the constitutional aspect of hate speech laws in India and whether they are an infringement of Article 19(1) (a) of the Indian Constitution-the freedom of speech and expression. To understand the reasonableness of the restriction imposed, the provision given in Article 19 (2) of the Constitution has been brought in light. A number of cases have put forth conditions under which these restrictions can be imposed. The most important judgment in this regard is that of the case Kedarnath v State of Bihar. It has been witnessed that the judiciary enjoys a considerable amount of discretion in evaluating the reasonableness of any restriction imposed.  

The distinction between hate speech and free speech has been a topic of intense debates for a long time. In this paper the authors have tried to bring under the limelight, how the laws in India strive to promote a balance between an individual’s dignity and his right, going on to discuss how no freedom can be absolute. Then again, the paper illustrates how it is as important to able to distinguish between a right and a duty. It is our right to speak freely about matters that concern us and that form the essence of a democracy. At the same time, it is also our duty to respect and be tolerant towards cultural differences, feelings and sentiments. The authors have put across their views about the merits and demerits of having hate speech laws in a country like India. They have also emphasised on certain reforms that need to be brought in the criminal laws of India, in order to deal better with hate speeches and the disharmony that have a tendency to instigate. Thus, this paper is one which aims at putting across a possible middle course between hate speech and free speech.