Hate speech is on the rise worldwide with the potential to incite violence, undermine social cohesion and tolerance, and cause psychological, emotional, and physical harm to those affected. Hate speech not only affects the specific individuals and groups targeted but societies at large. The devastating effect of hatred is sadly nothing new. However, its scale and impact are amplified today by new technologies of communication, so much so that hate speech, has become one of the most frequent methods for spreading divisive rhetoric and ideologies on a global scale. If left unchecked, hate speech can even harm peace and development, as it lays the ground for conflicts and tensions, and wide-scale human rights violations.

Background

In July 2021, the UN General Assembly highlighted global concerns over the exponential spread and proliferation of hate speech around the world and adopted a resolution on promoting inter-religious and intercultural dialogue and tolerance in countering hate speech . The resolution recognizes the need to counter discrimination, xenophobia, and hate speech and calls on all relevant actors, including States, to increase their efforts to address this phenomenon, in line with international human rights law. The resolution proclaimed 18 June as the International Day for Countering Hate Speech, which will be marked for the first time in 2022. To observe the Day, the United Nations invites governments, international organizations, civil society groups, and individuals to hold events and initiatives promoting strategies to identify, address and counter hate speech. Whether as the Member States, the private sector, the media and internet corporations, faith leaders, educators, actors of civil society, those affected by hate speech, youth, or simply as an individual, we all have the moral duty of speaking out firmly against instances of hate speech and play a crucial role to in countering this scourge.

Origin

Hate speech is not only a denial of the essential values of the Organization, but it also undermines the UN Charter‘s very core principles and objectives, such as respect for human dignity, equality, and peace. Advancing human rights and fighting hate are at the heart of the Organization’s mission and the United Nations has the duty to confront the global issue of hate speech at every turn. The impact of hate speech cuts across numerous existing United Nations areas of focus, from human rights protection and prevention of atrocity crimes to sustaining peace and achieving gender equality, and supporting children and youth. The International Day of Countering Hate Speech is an initiative that builds on the UN Strategy and Plan of Action on Hate Speech launched on 18 June 2019. This first UN system-wide initiative designed to tackle hate speech provides an essential framework for how the Organization can support and complement States’ efforts. The strategy emphasizes the need to counter hate holistically and with full respect for freedom of opinion and expression while working in collaboration with relevant stakeholders, including civil society organizations, media outlets, tech companies, and social media platforms.

Hate Speech Rises in India

It is important that specific and durable legislative provisions be enacted to combat hate speech. The rising frequency of hate speech in India has not gone unnoticed. Hate speech has been a problem in India for decades. In 1990, some mosques in Kashmir broadcast inflammatory speeches to whip up hate against Hindus, triggering their exodus from the Muslim-majority Kashmir Valley. The same year, BJP leader LK Advani spearheaded a movement to construct a temple in the northern town of Ayodhya – leading to Hindu mobs razing the centuries-old Babri mosque and sparking deadly communal riots.

What is hate speech?

Hate speech is neither defined in the Indian legal framework nor can it be easily reduced to a standard definition due to the myriad forms it can take. Black’s Law Dictionary has defined it as speech that carries no meaning other than the expression of hatred for some group, such as a particular race, especially in circumstances in which the communication is likely to provoke violence.

Building on this, the Supreme Court, in Pravasi Bhalai Sangathan v. Union of India 2014, described hate speech as an effort to marginalise individuals based on their membership in a group and one that seeks to delegitimise group members in the eyes of the majority, reducing their social standing and acceptance within society.

Some incidents in India

● Controversial statement of BJP Spokeperson Nupur Sharma and Naveen Kumar Jindal about Prophet Muhammad. It got international attention and many of the Islam countries and Major media houses demanded apology.

● A spate of recent incidents in the days leading up to the Hindu festival of Ram Navami on 10 April would suggest so. The festival was marked by incidents of hate speech and even violence in some states.

● In the southern city of Hyderabad, a Bharatiya Janata Party BJP lawmaker who was banned by Facebook in 2020 for hate speech – sang a song with lyrics that said anyone who didn’t chant Hindu deity Ram’s name would be forced to leave India soon.

● Days before that, a viral video showed a Hindu priest allegedly threatening to kidnap and rape Muslim women in the northern state of Uttar Pradesh. Police registered a case only after a week when the video of the speech generated outrage and he was arrested on Wednesday.

● Around the same time, Yati Narsinghanand Saraswati another Hindu priest who is out on bail in a hate speech case – made another speech in the national capital, Delhi, asking Hindus to take up arms to fight for their existence.

● The speech – at an event for which the Delhi police said the organisers didn’t have permission – violated one of Mr Narsinghanand’s bail conditions but no action has been taken against him yet.

Critics say his latest comments in Haridwar are aimed at stirring up passions in UP, India’s most populous state, where the BJP’s Yogi Adityanath – who himself has been criticised for anti-Muslim rhetoric – is up for re-election as chief minister in polls starting in February.

Policies of India

India prohibits hate speech through several sections of the Indian Penal Code, the Code of Criminal Procedure, and other laws which put limitations on the freedom of expression. Section 153 A and 153 B deal with the punishment of acts that involve, writing, speech or visual representations that promote enmity between groups on grounds of religion, race, place of birth, residence, language, caste or community or any other ground and causes public disharmony.

What is the Law Commission’s recommendation.

Instead of being subsumed in the current sections covering inflammatory acts and speeches, the Law Commission proposes that distinct crimes be added to the IPC to criminalise hate speech more specifically. It proposes the addition of two new provisions, Section 153C and Section 505A. According to the draft, anyone who a uses gravely threatening words, spoken or written, signs or visible representations, with the intent to cause fear or alarm. or b advocates hatred that causes incitement to violence, on grounds of religion, race, caste or community, sex, gender identity, sexual orientation, place of birth, residence, language, disability, or tribe, should be prosecuted. It suggests a two-year prison sentence and or a ₹5,000 fine, or both, for this offence. Its draft for Section 505A proposes to criminalise words, or display of writing or signs that are gravely threatening or derogatory, within the hearing or sight of a person, causing fear or alarm or, with intent to provoke the use of unlawful violence against that person or another . It proposes a prison term of up to one year and or a fine up to ₹5,000 or both. Much of the existing penal provisions deal with hate speech belong to the pre-Internet era. The need of the hour is specialised legislation that will govern hate speech propagated via the Internet and, especially, social media.

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https. http://www.outlookindia.com national controversial-remarks-onprophet-mohammed-what-foreignmedia-says-news-200731 https. http://www.indiatimes.com explainers news how-india-lawdeals-with-hatespeech-558326. html