Any democratic society must have free speech in order to exist and flourish. All citizens have the right to freedom of speech and expression, according to Article 19(1)(a) of the Constitution.
Source: Hindustan Times
However, Article 19(2) permits the State to impose reasonable restrictions’ on free speech on the following seven grounds:’sovereignty and integrity of India, security of the State, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation or incitement to an offence’.
The issue is mostly caused by the intersection of politics and religion and the lack of a clear definition for hate speech. Furthermore, when enforcing provisions of the Indian Penal Code and other laws intended to punish those who incite hatred, the State frequently acts in a partisan manner. The essence of free speech is the expression of ideas that support constructive discussion and intellectual dialogue. The exercise of one’s right to free speech is not subject to legal action.
But hate speech is divisive by nature because it may cause social unrest and violence and is therefore punishable by law. According to the UN Strategy and Plan of Action against Hate Speech, this refers to speech that disparages an individual or group on the grounds of ethnicity, religion, race, national origin, handicap, gender, or sexual orientation.
Source: NDTV
The SC judgement is a positive start, but ordering the police to file hate speech FIRs without receiving complaints could have major repercussions since governments could abuse it to settle political scores with opponents. In particular, in the lead-up to the Assembly elections in several states and the 2024 General Election, one would anticipate the SC to revise its order in an effort to prevent any potential abuse.
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