Kartik Rathi, School of Law, NMIMS
ABSTRACT
Hate speech does not have specific term that distinguishes ‘hateful' from ‘not hateful,' therefore it has become a contentious issue in our constitution with regard to the extent of freedom of speech and expression. In the context of this paper, hateful speech is characterized as any type of communication in writing, speechor behavior that expresses or uses discriminatory or defamatory language with regard to a person or group on the basis of their religion, ethnicity, race, color, nationality, gender, descent or any another identity factor.
Hate corrodes the beauty of individual. It annihilates a people's perception of values. Hate ideology is often converted into a "social common sense" that disrespects society's convictions and manifests itself as hate speech. Hate speech is an inevitable consequence of free speech. In a free democratic society It is difficult to reach a society with no cases of hate speech. The immediate need to control hate speech is irrefutable and therefore this research paper deals with the laws which are in control to monitor and control hate speeches in India. This paper mainly focuses on the various laws enacted in India to address the root and dissemination of hate speech. In order to provide a comprehensive understanding of this problem, the researcher has also addressed its causes, effects, examples, and solution. Lawsand judgments in this respect, are subject to vibrant interpretations, and it is really very essential to get to the core of the judgement or legislation in order to successfully enforce them and advance towards a hate-free society.
Keywords: Hate speech, social common sense, democracy, free speech, law, judgments.
