Supreme court to have relook at hate speech law

Subramanian Swamy’s case goes to bigger bench but gets bail

GN Bureau | July 2, 2015


#supreme court   #subramanian swamy   #bjp  

While declining to stay case against BJP leader Subramanian Swamy the supreme court on Thursday agreed to examine the constitutional validity of penal provision for hate speeches.

According to the law, hate speech is any speech, gesture or conduct, writing or display which is forbidden because it may incite violence or hurt religious feeling or promote enmity between different groups on grounds of religion, race, place of birth, residence, language etc. Section 153 deals with provoking people with the intent to cause riot and Section 153A talks about promoting enmity between different groups on grounds of religion, race, place of birth, residence, language etc. Section 295 makes injuring or defiling places of worship with the intent to insult the religion of any class an offence. Section 298 covers cases of hurting religious sentiments deliberately.

A bench of Justices Ranjan Gogoi and M Y Eqbal said that it will not go into the merit of individual cases and would decide larger issue of constitutional validity of hate speech laws. Accordingly, it has sought response from the Centre for scrapping the law.

After challenging the validity of the criminal defamation law, Swamy has challenged before the supreme court various provisions of the Indian Penal Code dealing with offences of 'hate speech', saying they were violative of the fundamental right to freedom of speech.

Swamy contended in his plea that Sections 153, 153A,153B, 295, 295A, 298 and 505 of the IPC in respect of so-called "hate speech" were used to penalize people for expressing their views even within the bounds of reasonable restrictions and they should be set aside.

"All these sections do not have any safeguards within which a person can publicize his analysis of various nuanced truths of interaction between groups which differ on the basis of religion, race, place of birth, residence, language, caste or community," Swamy said in his petition.

He contended that under the present law, a person couldn't attempt to initiate a public debate to modify people's perception as the person was "chilled or gagged" under the present law.

"By these laws, therefore, not only are such persons harassed by a criminal prosecution which could continue unendingly, but also on that pretext, a vibrant and vigorous public discourse essential in a democracy is gagged. There is also thereby violation of the citizens' fundamental right to freedom of speech and expression," he said.

Swamy also urged the court to stay criminal proceedings initiated against him in Delhi, Mumbai, Assam, Mohali and Kerala for expressing views on terrorism which was termed as hate speech under the IPC provisions.

Comments

 

Other News

Revamp BMC Engineering Department for better governance, says think tank

Calling for reforms in the Engineering Department of BMC, Mumbai Vikas Samiti, a not-for-profit organisation has said that less than optimum performance of Engineering Function has added to the woes of citizens and deterioration in the quality of life in the metro. In its recently released r

NGO hails Maharashtra move to amend Insecticide Act

Hailing the Maharashtra government for introducing a bill to amend the Insecticide Act, 1968, Pesticide Action Network (PAN) India has called the amendments ‘very  focussed’ and urged the state to expand their scope to address other challenges. The bill, introduced in the a

‘Garba of Gujarat’, now a Unesco Intangible Cultural Heritage

`Garba of Gujarat` has been inscribed in the Representative List of Intangible Cultural Heritage (ICH) of Humanity by UNESCO, under the provisions of the 2003 Convention for the Safeguarding of Intangible Cultural Heritage during the 18th meeting of the Intergovernmental Committee for the Safeguarding of t

Cyber frauds helpline has helped save Rs 930 crore

Since its inception, Citizen Financial Cyber Fraud Reporting and Management System has witnessed more than 12.77 lakh complaints registered (till November 15, 2023), and has saved more than Rs. 930 crore in more than 3.80 lakh complaints. This was stated by minister of state for home affair

COP28 discusses climate resilient development in Himalayas

Impacts and implications of Climate Change Vulnerability in the Himalayan Region and ways of creating ‘Climate Resilient Development in Indian Himalayan Region by making mountain communities green and resilient were discussed the side event hosted at the India pavilion at the UN Climate Conference CO

Air Pollution: What needs to be done to tame the silent killer

Air pollution in Delhi has been in headlines, as every year in recent times. Mumbai too has suffered from air pollution, despite being a coastal city. Apart from many other metros such as Bangalore and Kolkata, tier-I and -II cities and rural areas also have high pollution levels. Every year reports and st

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter