The Thin Line Between Expression And Incitement: Hate Speech And The Freedom Of Speech
- IJLLR Journal
- 4 days ago
- 1 min read
Chirag Tripathi, Mahatma Gandhi Kashi Vidyapith
ABSTRACT
Freedom of speech and expression under Article 19(1)(a) of the Indian Constitution is a cornerstone of democratic governance. However, this freedom is not absolute and is subject to reasonable restrictions under Article 19(2), particularly when speech assumes the form of hate speech or incitement. The present research article examines the constitutional tension between the protection of free expression and the necessity to regulate hate speech in the interest of public order, morality, and communal harmony. Through an analysis of constitutional provisions, statutory laws, and landmark judicial pronouncements, the study seeks to identify the thin line that separates permissible expression from punishable incitement. The article also adopts a comparative approach by referring to international human rights instruments and foreign jurisprudence. It critically evaluates whether the existing legal framework in India adequately balances individual liberty with societal interests and concludes by suggesting the need for clearer standards and effective regulatory mechanisms to address hate speech without undermining democratic freedoms.
Keywords: Freedom of Speech, Hate Speech, Article 19(1)(a), Article 19(2), Reasonable Restrictions, Incitement, Constitutional Law.
