Laws Relating To Hate Speech And Legal Remedies

Harsh Raj, MNLU Mumbai

Page: 231-244

INTRODUCTION

In every democratic system, certain rights, recognised universally and considered inherent to being human, exist. One such right is the right to free speech or, as per the phraseology used in our constitution, the freedom of speech and expression. While the right to freedom of speech and expression is provided for under Article 19(1)(a), the same is not absolute and has been bridled with the reasonable restrictions contained in clause (2) of the same provision. Our constitution, however, beginning from the preamble - providing for a promise of fraternity, secularism, dignity and equality - to the Part III rights where Article 19 itself is placed, provides a comprehensive and meaningful compendium of rights and ideals that have over the time formed the basic structure of our constitution and cannot be deviated from.

Thus, our democratic polity, formed by “we, the people” as a Sovereign, Socialist, Secular and Democratic republic, has at its heart the fraternal and secular aspects of dignity and does not tolerate the use of the freedoms to obliterate and denude the dignity of any individual, class or community. While an individual aggrieved by a speech which slandered them or defamed them may have recourse to in personam remedies such as suing for defamation, libel or slander, when a speech affects a larger community or class of persons and goes to the extent of having the effect of either inciting hatred or discrimination against the affected class of persons, the same leaves the domain of valued freedoms and enters the arena of hate speech.