Hate Speech And Incitement To Violence: Defining The Legal Boundaries
- IJLLR Journal
- Mar 28
- 2 min read
Prachi Sohi, BBA LLB, Law College Dehradun, Uttaranchal University
Dr. Bhawna Arora, Associate Professor, Law College Dehradun, Uttaranchal University
ABSTRACT
Hate speech, defined as language that belittles, incites discrimination, or promotes violence against individuals or groups based on characteristics such as religion, caste, ethnicity or gender represents a considerable danger to social unity. In India, the consequences of hate speech have frequently escalated into mob violence, as illustrated by historical incidents such as the 1984 anti-sikh riots, the 1992 riots following the demolition of the Babri Masjid, and more recent occurrences fueled by both online and offline hate speech. This article investigates the complex nature of hate speech, examining its definitions, legal interpretations and its capacity to provoke violence in a diverse and hierarchical society like India.
The analysis critically reviews the legal framework, including relevant provisions of the Indian Penal Code, such as Sections 153A, 295A and 505 which are designed to mitigate hate speech. It also considers laws like the Representation of the People Act, 1951 and the Unlawful Activities (Prevention) Act, which offer additional protections against these expressions. Particular emphasis is placed on the judiciary’s role in interpreting these laws, striving to balance the constitutional right to free speech with the necessity of preserving public order and communal harmony. Significant rulings, such as Shreya Singhal v. Union of India, which invalidated Sec 66A of the Information Technology Act and Tehseen Poonawalla v. Union of India, which underscored the need for measures against mob violence, are examined for their influence on the regulation of hate speech.
Moreover, the article underscores the limitations of conventional legal framework in addressing this contemporary issue. It advocates for a comprehensive strategy that includes legislative reform, judicial oversight and active participation from civil society to effectively combat hate speech and protect against its potential to incite violence. By contextualizing these challenges within India’s historical and socio- political framework, the discussion aims to provide a nuanced understanding of the issue.
Keywords: Incite, hate, discrimination, violence, community, public order, harmony, balance, free speech, Article 19.
