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

Budget: Highlights

Union minister of finance and corporate affairs Nirmala Sitharaman presented the Union Budget 2023-24 in Parliament on Wednesday. The highlights of the Budget are as follows: PART A     Per capita income has more than doubled to Rs 1.97 lakh in around

Budget presents vision for Amrit Kaal: A blueprint for empowered, inclusive economy

Union Budget 2023-24, presented by finance minister Nirmala Sitharaman in the Parliament on Wednesday, outlined the vision of Amrit Kaal which shall reflect an empowered and inclusive economy.  “We envision a prosperous and inclusive India, in which the fruits of development reach all regions an

Soumya Swaminathan to head M S Swaminathan Research Foundation

Former World Health Organisation (WHO) chief scientist Soumya Swaminathan takes charge as chairperson of M S Swaminathan Research Foundation (MSSRF) from February 1.   Founded by her father, the legendary agricultural scientist M S Swaminathan, MSSRF was set up to accelerate the use of m

m-Governance: Key to Digital India

The digital revolution is being led by India. Digital governance is a key component of the government's ambition to transform India into a society where everyone has access to the internet. It includes both M-governance and E-governance, which are major methods for the delivery of services via mobile devic

A sacred offering of the beauty of ‘Saundarya Lahari’ – in English

Saundarya Lahari: Wave of Beauty Translated from the Sanskrit by Mani Rao HarperCollins, 218 pages, Rs 399 ‘Saundarya Lahari’, usually ascribed to Adi Shankaracharya, has a unique status among the religious-spiritual works of Hinduism.

The Boy Who Became the Mahatma

This year, as the nation commemorates the 75th death anniversary of Mahatma Gandhi on January 30, Rajesh Talwar, a prolific author who is also a legal advisor to the UN, is all set to release a play for children on non-violence chronicling the life of Mahatma Gandhi, ‘The Boy Who Became the Mahat

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