Shaima Vahab, JRF and PhD Research Scholar, School of Indian Legal Thought, Mahatma Gandhi University
ABSTRACT
The astronomical rise in hate speech mandates more debates and discussions on it. An issue that inevitably comes up in that context is how to regulate the same. The fear of encroaching upon legitimate expression prevents attempts to define and determine the contours of hate speech. In the Indian context, Article 19 (1) (a) of the Constitution lays down the right to freedom of speech and expression, with reasonable limitations of the same set out in Article 19 (2). Even though hate speech does not feature in the same, Courts have time again restricted such expressions under other heads like public order and security of the state. Further, the legislations that deal with hate speech carve out criminal offences out of it. This has brought about much criticism and complaints. Many argue that hate speech, despite being foul and of no significant value, is legitimate expression and therefore fall within the protective limits of free speech. This makes one think, is it necessary to regulate or restrict hate speech, even with the dangers it may pose to the coveted liberty of free speech. The article tries to analyze the issue in depth and comes out with an answer to the same.
Keywords: Hate Speech, Free Speech, Regulation, Restriction, Fundamental Rights.
