HATE SPEECH – SOCIETY SHOULD NOT STAND SPEECHLESS

Abstract

Freedom of Speech and Expressions’ can only be regarded a progressive nation in true sense. Speech, verbal and non-verbal, plays an important role in dissemination of ideas, beliefs, concepts and doctrines and often initiates a person into action on the expressed views. Existence of multiple opinions in a plural society is indicative of growth and peaceful coexistence and a society which encourages difference of opinion is capable of building a strong nation, defined in the following verse of the poet Rabindranath Tagore: 

“Where the clear stream of reason has not lost its way  into the dreary desert sand of dead habit  where the mind is led forward by thee  into ever-widening thought and action  

into that heaven of freedom, my Father, let my country awake.” 

However, provocative speeches, bereft of any logical reasoning, as the poet had contemplated, coupled with ill-conceived thoughts and actions, defying the decorum of a civilized society, bordering on insanity, have off late played havoc not only with the social fabric of a nation but with its unity and integrity as well. Hence, while it is important that a nation allows its citizen the Right to Freedom of Speech and Expressions, it is equally important that such a right do not infringe on other citizen’s right to have one’s own opinion, ideas, faith and belief, including religious belief. To that extent, a society shouldn’t stand speechless, as a mute spectator, to the verbal assault of a few mindless lunatics and must draw a lakshman-rekha, a sort of mechanism to keep control on such fringe elements that may try to create differences within a society and destroy the peace and tranquility in the process. This article seeks to study the phenomenon in the backdrop of recent developments where hate speech- online and offline, by an individual or an organization have trampled on fellow citizen’s rights. It analyses what constitutes hate speech and the mechanism developed by various nations, including India, in controlling hate speech without jeopardizing the Right of Freedom of Speech and Expressions ingrained in the Constitution. The options available before the law-makers the world over to restrict hate speech, and in the process keep the window of free expressions wide open has also been analyzed in context of legal framework developed by various nation, which demarcates hate speech vis-à-vis freedom of speech and expressions. Needless to mention that when an individual or an organization take recourse to hate speech, it is done with the avowed aim of self-aggrandizement and they do not have the interest of the society or the nation at heart; as often such mischief mongers make their followers to believe. Lastly, trolling on social media, a recent development, aimed at silencing a voice of dissent, a genuine criticism of policy and programmes of the Government or organization, has also been studies in context of its effect to gag free dissemination of views and opinions.