The concept of “hate speech” was highlighted in the recent judgement given by the Supreme Court in the case Amish Devgan v/s union of India.
Context
The concept of “hate speech” was highlighted in the recent judgement given by the Supreme Court in the case Amish Devgan v/s union of India.
The judgment delivered by a bench comprising Justices A M Khanwilkar and Sanjay Khanna discusseD the distinctions between “hate speech” and “free speech”, the need to criminalise “hate speech” and how it repudiates the right to equality.
Background
Who was Sufi saint Khwaja Moinuddin Chisti?
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Analysis
What is Hate Speech?
United Nations on Hate Speech
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How is it regulated in India?
Important SC Judgements
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What are the elements of hate speech?
What is the difference between hate speech and freedom of speech?
Will the reasonable restriction take away the liberty of an individual?
Law Commission of India on ‘liberty’ and ‘freedom of speech
“Liberty and equality are contemporary and not antithetical to each other. The intention of having the freedom of speech is not to disregard the weaker sections of society but to give them an equal voice. The intent of equality is not to restrain this liberty but to balance it with the necessities of a multicultural and plural world, provided such constraint does not unduly infringe on the freedom of expression. Thus, incitement to not only violence but also to discrimination has been recognized as a ground for interfering with freedom of expression.” |
Is there any International Law regime around Hate Speech?
Concluding thoughts
Hate speech needs to be understood as the starting point or origin of marginalizing a particular class of persons under ‘fear of threat’. It should not be protected in the name of freedom of speech, otherwise, it will lead to violation of principles on which Indian democracy is built on.
Verifying, please be patient.