Mains Question:
Q1. “In a diverse country like India, subjects such as ‘hate speech’ become a complex issue to deal with as it is difficult to differentiate between free and hate speech”. Comment (150 words)
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Question Mapping
- Subject: Polity & Governance (GS-II)
- Sub-topic: Fundamental Rights
- Subject: Security (GS-III)
- Sub-topic: Challenges to Internal Security
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Approach
- Introduction- define hate speech (Quote Law Commission of India’s 267th Report)
- Threats/Impacts of hate speech
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- severely affects fraternity, dignity of individuals, unity and national integration
- offends the fundamental rights guaranteed under Articles 19 and 21 of the Constitution
- intangible effects of hate speech (damage to right to live with dignity)
- Treatment of Hate Speech in Indian Law
- Sections 153A and 505 of the Indian Penal Code
- Discuss conflict between free speech and hate speech
- Suggest measures to deal with the complex issue
- Concluding Thoughts
Context:
The ‘fraternity’ is among the basic values inscribed in the Preamble of the Constitution of India and must not be treated as a separate item from equality and liberty.
Fraternity and the Responsibility of a citizen:
- The idea of fraternity: Although it was defined during the French Revolution as a slogan, but there is a vagueness in it, and appears to be an emotion rather than a principle. In the Indian context, the Preamble reflects the relevance of the dignity of the individual and the unity of the nation in relation to the sense of fraternity.
- The missing element of harmony: The element of harmony was absent when India started its journey as a republic. However, shape 42nd Amendment (1976) in Article 51A (e) on Fundamental Duties visualized the same as the duty of every citizen of India.
- Role of an individual citizen: The responsibility of actualizing the laid constitutional provisions does not solely rest with the state but seems to be the responsibility of the individual citizen too.
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