Hate Speech

• 24 Apr 2024

Why in News?

The Election Commission (EC) is examining the complaint made against the speech made by Prime Minister Narendra Modi at a rally in Rajasthan.

Key Points

• About Hate Speech:
  • In the 267th Report of the Law Commission of India, hate speech is stated as an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like.
    • The context of speech is crucial in determining whether it constitutes hate speech or not.
  • It can cause harm to the targeted individuals and groups, as well as to the society at large, by inciting hatred, violence, discrimination, and intolerance.
• Freedom of Speech and Hate Speech:
  • Article 19(1)(a) of the Indian Constitution guarantees freedom of speech and expression as a fundamental right for all citizens.
  • Article 19(2) imposes reasonable restrictions on this right, balancing its use and misuse.
    • Restrictions are allowed in the interests of sovereignty, integrity, security, friendly relations with foreign states, public order, dignity, morality, contempt of court, defamation, or instigation of an offence.

Law Commission of India

• The Law Commission of India is a non-statutory body constituted by the Government of India from time to time.
  • The first Law Commission of independent India was established in 1955 for a three-year term.
  • The first Law Commission was established during the British Raj era in 1834 by the Charter Act of 1833 and was chaired by Lord Macaulay.
• It works as an advisory body to the Ministry of Law and Justice.
• The Law Commission undertakes research in law and review of existing laws in India for making reforms therein and enacting new legislations on a reference made to it by the Central Government or suo-motu.