BJP lawmakers top the list in hate speech cases

10 of its MPs, including union minister Uma Bharti, have declared hate speech cases

GN Bureau | April 25, 2018


#Political News   #ADR   #ADR Report   #Amit Shah   #Congress   #BJP   #INC  
(Illustration: Ashish Asthana)
(Illustration: Ashish Asthana)

Out of all MPs and MLAs in office, 58 have declared cases related to hate speech. This includes union minister for drinking water and sanitation Uma Bharti along with 14 other Lok Sabha MPs. The list also includes 8 state ministers.

A party wise analysis reveals that BJP has the highest number of lawmakers having hate speech charges. 10 of its MPs and 17 MLAs have declared cases related to hate speech.

The Association for Democratic Reforms (ADR) and National Election Watch (NEW) have analysed the election affidavits of all sitting MPs and MLAs.

 

  •   Other MPs are from: AIUDF, TRS, PMK, AIMIM and SHS.
  •   Other MLAs are from:  5 each from TRS and AIMIM, 3 from TDP, 2 each from INC,  AITC, JD(U) and SHS, 1 each from DMK,  BSP, SP and 2  are Independent MLAs.
  •   Maximum number of lawmakers charged with hate speech are from Uttar Pradesh followed by Telangana and Karnataka.
  •   Party leaders with declared cases of hate speech: Asaduddin Owaisi (AIMIM) and Badruddin Ajmal (AIUDF).


The Law Commission [Report number 267] of March 2017, on Hate Speech states that “Hate Speech” has not been defined in any law in India. However, legal provisions in certain legislations prohibit select forms of speech as an exception to freedom of speech. The term “Hate Speech” has been used invariably to mean expression which is abusive, insulting, intimidating, harassing or which incites violence, hatred or discrimination against groups identified by characteristics such as one’s race, religion, place of birth, residence, region, language, caste or community, sexual orientation or personal convictions.

ADR supports the following recommendations of the Law Commission Report:
 

  • The Model Code of Conduct given by the Election Commission of India for the guidance of political parties and candidates should be amended to the extent that effect is given to the sub section (3A) of section 123 of the RPA, 1951. The first part of the Code i.e. General Conduct should expressly provide a provision that prohibits any kind of speech that promotes, or attempts to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
  • Hate speech poses complex challenges to freedom of speech and expression. Hence, new provisions in IPC are required to be incorporated to address this issue. Amendments to the IPC, 1860 and the Code of Criminal Procedure, 1973 by adding new provisions on ‘Prohibiting incitement to hatred’ provocation of violence in certain cases’ following section 505 IPC, and accordingly amending the First Schedule of CrPC.
  • ADR believes that strict action must be taken against the candidates giving hate speech prior and during the elections, and against the elected legislators even after the elections, if found guilty of indulging in ‘Hate Speech’.
  • Internet is an important tool for disseminating information and opinions however, it also serves as a platform for disseminating unlawful speech. Political parties have been misusing the medium for unlawful statements. Hence, it is recommended that such unlawful statements on online platforms should be monitored and if the person found guilty, they should be penalised.
  • Political Parties must not give tickets to the candidates who have declared serious criminal cases against themselves.
  • Cases against MPs and MLAs should be fast tracked and decided upon in a time bound manner.



 

Comments

 

Other News

Covid-19: Daily recoveries cross 1 lakh mark, new cases far fewer

Is India finally gaining an upper hand over the Covid-19 pandemic? After weeks of new cases hitting 90,000-plus every day, the tide seems to be turning, as the number came down to 75,083 on Tuesday, and the recoveries were not only higher than that but crossed the 1 lakh mark too. The countr

A travelogue of an inner pilgrimage

Sit Your Self Down A Novice’s Journey into the Heart of Vipassana By Gayatri Jayaraman Hachette India, 212 pages, Rs 399   As stress and strife increase in daily life, more and more people are turning to meditation as an all

Vote in the time of Covid: EC hosts global webinar

On completion of one year of the chairmanship of the Association of World Election Bodies (A-WEB), the Election Commission (EC) of India on Monday hosted an international webinar on the theme of “Issues, Challenges and Protocols for Conducting  Elections during COVID-19 : Sharing Country

Freedom of press in India is a myth: Tewari

Sections of the news media have degenerated into becoming the pet performing poodle of the government, says Manish Tewari, former information and broadcasting minister and a member of the Lok Sabha. In a webinar chat with Kailashnath Adhikari, MD, Governance Now, on Friday as part of the Vis

In free fall: Close to 1 lakh Covid-19 cases a day

India has been hitting upwards of 90,000 fresh cases of Covid-19 every day for some time now, as the virus continues to spread amid further Unlock. The recoveries, on the other hand, are also creating new records. The country recorded 96,424 new cases of infection – the highest single-

India has new record of recoveries – but new cases remain high too

India once again registered 90,000-plus fresh cases of Covid-19 in a day, even as the number of recoveries too registered a new high – 82,961. The number of those who have recovered so far is now nearly four times higher than the number of active cases. India continues to record a spat

Governance Now Tech Masterclass State Governments

Archives

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter