UNDERSTANDING THE HATE SPEECH WITHIN THE CONSTITUTIONAL FRAMEWORK OF INDIA

Abubakar

College Name: Mahatma Gandhi Mission's Law college, University of Mumbai

I.            ABSTRACT:

This article searches the concept of the constitutional framework of India, the interaction between the right to free speech and its reasonable restrictions Art.19(1)(a) of the constitution of India describes freedom of speech and expression for all Indian citizens but Art.19(2) introduces reasonable limitations to ensure these actions or speeches are not misused to incite any hatred, violation or against national integration.

This article highlights some specific provisions to prevent hate speech or actions including sections 196, 197, 298 and 353 of BNS which address offenses such as promoting hostility, harming national integration, and spreading misinformation. These provisions enforce penalties such as fines, imprisonment, or a combination of both, depending on the severity of offenses. Some judgments such as Shaheen Abdullah V. UOI and Privasi Bhalai Sangathan V. UOI, highlight the judiciary’s role in inscribing hate speeches or actions and promoting India’s dignity, secularism, and democratic values.

Keywords: 1. Freedom of Speech and Expression, 2. Reasonable Restrictions,                 

3. Hate Speech, 4. National integrity, 5. Democratic values.

II.          INTRODUCTION:

The literal description of hate speech as per Oxford may be interpreted as expressions or signs which is likely to cause offense or torture to others, particularly based on their organization with a specific group or incitement.

Indian constitution grants rights to Indian citizens to express themselves under Art. 19 of the Indian constitution which says citizens have the right to speech. Meanwhile, the right to speech and expression is an internationally admitted right.

Freedom of speech and expression is an unbounded right or absolute freedom. Hence, many debates have demonstrated it as a very debatable topic – how far should the Boundaries of the right to freedom of speech and expression be extended?  

For this reason, certain restrictions are made by the constitutional authorities of various constitutional benches. Over time, it is essential to describe clear legal boundaries to specify the limitations of freedom of speech and expression. These boundaries help to identify instances where such freedom may cross into forbidden areas under Indian law and must be judged critically to ensure adherence to legal standards and societal values.

This article discusses the basis of hate speech in the Indian constitution and its boundaries expanding the debate of the appearance towards the effects and procedure to deal with such matters in BNS and BNSS independently.

III.       DEFINITION:

Freedom of speech and expression or signs is defined in the lengthiest written constitution which is the Indian constitution, under Art. 19(1)(a) which says that citizens shall have the right to freedom of speech and expression [1].

However, under Art.19(2), the Indian constitution imposes reasonable restrictions on the freedom of speech and expression [2], ensuring that the term ‘reasonable’ strikes an exquisite balance between the rightful exercise of this freedom and its potential misuse.

IV.        INDIAN CONSTITUTION AND HATE SPEECH:

Numerous judgments have very liberal interpreted the right to freedom of speech and expression. But supportively, a reasonable restriction has been forced on this fundamental right. The improper or harmful use of such freedoms could potentially fall within the scope of hate speech, where expressions cross the line into encouraging hatred, violence or discrimination against specific groups or individuals.  

Freedom of speech and expression is a right that is granted internationally by the Organization of Human Rights. Where various principles have been made to sustain its rationality through the structure given by international human rights law which recognizes both the right to speech and expression and the obligations of the state to impose restrictions on speeches that advocate hatred, when such expression encourages violence, discrimination, etc.

V.          LEGAL ANALYSIS OF HATE SPEECH IN INDIA: 

V.I.      Article 19 (1)(a) of the constitution of India defines freedom of speech and expression as a fundamental entitlement for citizens.

V.II.    Article 19(2) says reasonable restriction on this right, to maintain equality between the legitimate use of this right and misuse.

Some restrictions are permitted to safeguard the interest of integrity, security, sovereignty, amicable relations among foreign public order, foreign states, mortality, dignity, defamation, or disregard for court orders and any response expression that excites the particular group or individuals.

 V.III.      BHARATIYA NYAYA SANHITA, 2023- 

Many sections under the BNS 2023 that deal with hate speech to punish or to set an example by punishment so that no one does the same offense again.

V.III. I.           Section 196 prohibits the promotion of enmity or conflict between particular groups based on religion, race, community, or language. And the punishment for violating section 196 of BNS 2023 is a fine, or imprisonment that can be exceeded up to 3 years, or can be both [3].

V.III. II.          Section 197 says – imputation, assertion, prejudicial to national integration, and actions that may harm the national integration [4].

 1. Subsection (1) signifies that whoever, by their words either written or spoken or by signs or through electronic communications, the punishment for these actions may lead to imprisonment of three years, a fine, or both. Whoever commits offenses that are specified under Subsection (1) in any place of religious worship or in a gathering in the name of religious worship which may extend up to five years of imprisonment, a fine, or can be liable for both.

V.III. II. Section 298 protects any particular class or individuals who intentionally damage, or destroy a place of religious worship, or anything related as sacred by a particular class or group of people, to insult their religious views or religion and commit offense and particular class considers their actions as an insult their religion, shall be held liable under this section. Is an offense that is cognizable and non-bailable and punishment can be extended up to two years of imprisonment, a fine, or both [5].

V.III.III. Section 353 defines any statement that leads to public disorder or unrest [6].

Subsection (1) Whoever makes, releases or spreads any statement, false information, rumor, or through electronic communication, to encouraging any group or individuals or community of persons to commit any illegal activity or expression against any other community or public tranquility, is also a cognizable, non-bailable offense with imprisonment up to three years, a fine, or shall be both.

VI.  JUDICIAL RULING ON HATE SPEECH:

VI.I.  Shaheen Abdullah V. Union of India & Ors. - 2022 [7]

“In such case, India’s highest judicial body Supreme Court has instructed the government to take swift action against hate speech offenses, regardless of whether formal complaints are made or the religion of the offender.

The constitution of India envisioned Bharat as a secular nation, with the preamble emphasizing fraternity to ensure the dignity of individuals and the unity and integrity of the country. True fraternity can only exist when people from different religions and castes live together in harmony.

VI.II.  Pravasi Bhalai Sangathan V. Union of India -2014 [8]

This matter was a public interest litigation (PIL), that questioned the effectiveness of the government’s actions in managing hate speech in India. 

The Supreme Court ruled that no other laws are required to address hate speech as well as observed that hate speech or expression is the use of language, signs or actions that incite a particular class and promote hatred, and discrimination, which can affect the specific group and individuals as well as a particular class on a large scale.

VII.  CONCLUSION:

Hate speech shows a significant challenge in balancing the constitutional right to free speech and expression and is necessary to maintain societal harmony and public order. If Art.19(1)(a) of the constitution of India defines the right to speech and expressions, contrary to Art.19(2) imposes reasonable restrictions prohibiting misuse of the article, to prevent such actions or signs from inciting a particular class or groups, or infringe the rights of others. The BNS, 2023 includes specific rules to deal with hate speech offenses. These rules have punishments for acts that incite hatred among specific groups, weaken national unity or offend religious Views or thoughts. These provisions support the

The Constitution’s must safeguard national integrity and protect the rights of individuals. Some judgments including Shaheen Abdullah V. UOI and Pravasi Bhalai Sangathan V. UOI highlight the judiciary's responsibility and work in controlling hate expressions or actions to protect India's secularism and democratic values.

These rulings assert that the actions or signs of free Speech can't be against constitutional boundaries and public interest, emphasizing the government of India to measure against hate speech, regardless of whether formal complaints are filed or identity the offender. Examining these rules, the Indian constitution and related laws provide a strong system to balance every citizen’s right with the interest of society. Enforcing these rules of law along with respect and understanding between particular classes or communities, is necessary to deal with hate speech or actions and maintain the nation’s unity, dignity, and integrity.

REFERENCES:

1.      Freedom of speech and expression [Article 19(1)(a)] – Indian polity notes, BYJUS. Available at: https://byjus.com/free-ias-prep/freedom-of-speech/ (Accessed: 14 December 2024).

2.     Article 19(2) in constitution of India. Available at: https://indiankanoon.org/doc/493243/ (Accessed: 14 December 2024).

3.     BNS section 196 – promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony., A Lawyers Reference. Available at: https://devgan.in/bns/section/196/ (Accessed: 14 December 2024).

4.     (2024) What is section 197 of BNS?, Lead India. Available at: https://www.leadindia.law/blog/en/what-is-section-197-of-bns/ (Accessed: 14 December 2024).

5.     Section 298 BNS - Bharatiya Nyaya Sanhita, 2023, lawrato.com. Available at: https://lawrato.com/bharatiya-nyaya-sanhita/bns-section-298 (Accessed: 14 December 2024).

6.     Section 353 of the Bharatiya Nyaya Sanhita (BNS) 2023, ← BNS Bare Act. Available at: https://www.bnsbareact.org/bns-act/section-353-bns-bare-act (Accessed: 14 December 2024).

7.     Drishti IAS, Hate speech, Drishti IAS. Available at: https://www.drishtiias.com/daily-updates/daily-news-analysis/hate-speech-5 (Accessed: 14 December 2024).

8.     Pravasi Bhalai Sangathan vs U.O.I. & Ors on 12 March, 2014,the Indian kanoon. Available at: https://indiankanoon.org/doc/194770087/ (Accessed: 14 December 2024).