No specific law against hate speech: Election Commission
2 years, 3 months ago

No specific law against hate speech: Election Commission

The Hindu  

The Election Commission of India in the Supreme Court has said that due to the lack of a specific law against hate speech and rumour mongering during polls, it has to resort to the Indian Penal Code and the Representation of People Act to ensure that members of political parties do not make statements which can create disharmony among sections of the society. "In the absence of any specific law governing hate speech and rumour mongering during elections, the Election Commission of India employs various provisions of the IPC and the RP Act, 1951 to ensure that members of political parties or even other persons do not make statements to the effect of creating disharmony between different sections of society," the poll body said in an affidavit. The ECI said the Law Commission of India, in its 267th Report, had not made any recommendations with regard to a specific query on whether the ECI ought to be conferred with the power to derecognise a political party, disqualifying its members for committing the "offence of hate speech". Neither did the Law Commission make any recommendations to the Parliament to strengthen the Election Commission to curb the "menace of hate speeches, irrespective of whenever made".

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History of this topic

Hate Speech Not Same As Wrong Assertions Or False Claims : Supreme Court
1 month, 1 week ago

Hate Speech Not Same As Wrong Assertions Or False Claims : Supreme Court

Live Law  

The Supreme Court today, while dismissing a PIL seeking guidelines to prevent 'provocative speech' by political leaders, observed that the offence of hate speech cannot be equated to the act of wrong assertions or false claims that one may make. Notably, in Shaheen Abdullah, the Court directed that these state Governments should take suo motu action against any hate speech …

PM Modi made Islamophobic remarks in 110 campaign speeches: Human Rights Watch
4 months, 1 week ago

PM Modi made Islamophobic remarks in 110 campaign speeches: Human Rights Watch

The Hindu  

Prime Minister Narendra Modi “made Islamophobic remarks” in 110 out of the 173 speeches he delivered during the recent Lok Sabha election campaign, according to an analysis conducted by the Human Rights Watch. Hate speech “Prime Minister Narendra Modi’s 2024 electoral campaign frequently used hate speech against Muslims and other minorities,” the global rights body said in a statement. “The …

Apex court lawyer sends notice to EC on ‘hate speech’ by PM Modi
7 months, 2 weeks ago

Apex court lawyer sends notice to EC on ‘hate speech’ by PM Modi

New Indian Express  

KOCHI: Supreme Court lawyer Kaleeswaram Raj has sent a legal notice to the Chief Election Commissioner seeking action against Prime Minister Narendra Modi for his controversial remarks during the 2024 Lok Sabha election campaigns. In the notice, Kaleeswaram Raj sought “immediate action against the prime minister, who has been consistently engaging in hate speech and divisive rhetoric in his election …

SC to hear Hindu Sena's plea seeking registration of FIRs against Owaisi, others for hate speech
9 months, 3 weeks ago

SC to hear Hindu Sena's plea seeking registration of FIRs against Owaisi, others for hate speech

New Indian Express  

NEW DELHI: The Supreme Court will hear the Hindu Sena's PIL tomorrow seeking a direction for registration of FIR against those hate speeches on Sanatan Dharma and Shri Ram Temple and Kashi-Mathura disputes, against various leaders, including Asaduddin Owaisi, Udhayanidhi Stalin, Kamal Haasan, A Raja, Swami Prasad Maurya and others. A two-judge bench of the Apex Court, headed by Justice …

Want hate speech to stop but can’t put pre-emptive curbs: Supreme Court
11 months ago

Want hate speech to stop but can’t put pre-emptive curbs: Supreme Court

Hindustan Times  

The Supreme Court on Wednesday maintained that though it wants hate speeches and incitement to violence to stop, it cannot pre-empt people’s right to free speech and assembly by restraining them from holding meetings or processions without first granting them an audience. A bench of justices Sanjiv Khanna and Dipankar Datta emphasised that the top court was inclined to strengthen …

Supreme Court wants authorities to act tough on incitement to violence, hate speech
11 months, 1 week ago

Supreme Court wants authorities to act tough on incitement to violence, hate speech

The Hindu  

The Supreme Court on Wednesday said authorities need to be “conscious that no incitement to violence and hate speech are permissible”. ‘Repeat offender’ It alleged that Mr. Singh was a “repeat offender who has continued to deliver hate speeches… and is going to hold a series of rallies in Chhattisgarh from January 19 to January 25”. In the hearing, Mr. …

Supreme Court Directs Authorities To Ensure No Hate Speech Takes Place In Rallies Of BJP MLA T Raja Singh, Hindu Janajagruti Samiti
11 months, 1 week ago

Supreme Court Directs Authorities To Ensure No Hate Speech Takes Place In Rallies Of BJP MLA T Raja Singh, Hindu Janajagruti Samiti

Live Law  

The Supreme Court on Wednesday directed the district magistrates at Yavatmal, Maharashtra and Raipur, Chhattisgarh to take 'appropriate steps' after concerns were raised over potential hate speeches at rallies planned by Hindu Janajagruti Samiti and Bharatiya Janata Party legislator T Raja Singh later this week. While declining to stop the rallies, the Court directed the District Magistrates to ensure that …

ECI Warns of Suspension, Ban for Politicos Over Hate Speeches
1 year, 2 months ago

ECI Warns of Suspension, Ban for Politicos Over Hate Speeches

Deccan Chronicle  

Hyderabad: The Election Commission of India, which set up a monitoring wing to track objectionable speeches, is set to temporarily ban candidates and leaders who indulge in hate speeches in their election campaigns. ECI officials said that no party or candidate shall indulge in an activity that may aggravate existing differences, create mutual hatred, or cause tension between different castes …

Modi's BJP Linked With Most Hate Speech in India: Report
1 year, 2 months ago

Modi's BJP Linked With Most Hate Speech in India: Report

Deccan Chronicle  

Prime Minister Narendra Modi’s ruling party and affiliated groups were behind most hate speech events against Muslims during the first half of the year, according to a report released on Monday. Some 80% of the 255 documented incidents of “hate speech gatherings targeting Muslims” occurred in Bharatiya Janata Party-ruled states and union territories, according to a report from Hindutva Watch. …

Police need to be sensitised about hate speeches: SC
1 year, 4 months ago

Police need to be sensitised about hate speeches: SC

Hindustan Times  

The Supreme Court on Friday said that police need to be sensitised about hate speech crimes and observed that while the definition of what constitutes hate speech is complex, there is a bigger problem of execution at the ground level. The court also sought the assistance of the Centre and states in this regard and posted a bunch of petitions …

Stop hate speech, violence at Nuh protests, says SC
1 year, 4 months ago

Stop hate speech, violence at Nuh protests, says SC

Live Mint  

There should be no hate speech or violence at a series of protests planned by the Vishwa Hindu Parishad in Delhi and the national capital region to protest against the sectarian violence over the past few days in Haryana’s Nuh district, the Supreme Court told the Centre, Haryana, Uttar Pradesh and Delhi on Wednesday. “We hope and trust that the …

End the debate: The Hindu Editorial on the Law Commission’s recommendation on sedition
1 year, 6 months ago

End the debate: The Hindu Editorial on the Law Commission’s recommendation on sedition

The Hindu  

The Law Commission’s recommendation that the offence of sedition be retained in penal law, albeit with some safeguards, flies in the face of current judicial and political thinking that the country may not need this colonial vestige any more. Section 124A of the IPC, which describes sedition, seeks to punish speech or writing that brings or tries to bring into …

What action has been taken on hate speech incidents, PUCL asks Maharashtra DGP
1 year, 7 months ago

What action has been taken on hate speech incidents, PUCL asks Maharashtra DGP

The Hindu  

The People’s Union for Civil Liberties on Monday wrote a letter to the Director General of Police of Maharashtra, Rajnish Seth, asking what action has been taken on incidents of hate speech arising out of the rallies, pursuant to orders by the Supreme Court directing a case of promoting enmity between religious groups should be registered. The letter states, “Overwhelming …

Ireland passes a controversial law to curb 'hate speech': How it is a ‘liberal‘ paradise
1 year, 7 months ago

Ireland passes a controversial law to curb 'hate speech': How it is a ‘liberal‘ paradise

Op India  

Ireland is one step closer to what left liberals and wokes across the world hanker after—a country and a region where they can impose their principles and warped sense of morality while possessing the power of prosecuting those who do not agree with their worldview. The radical new law predictably kicked up a furore, with politicians and policymakers from across …

Register FIRs against hate speech even in absence of complaints, Supreme Court directs States
1 year, 7 months ago

Register FIRs against hate speech even in absence of complaints, Supreme Court directs States

The Hindu  

The Supreme Court on April 28 directed States to suo motu register FIRs on hate speech incidents and proceed against offenders without waiting for someone to lodge a complaint. The court even highlighted the specific penal provisions under which hate speech offenders ought to be booked. “We direct that States shall ensure that as and when hate speech happens, it …

How to tackle hate speech
1 year, 8 months ago

How to tackle hate speech

Hindustan Times  

In January 2017, seven judges of India’s highest constitutional court delivered a landmark verdict that hinged on the judicial interpretation of just one word in the country’s electoral law. By a narrow majority of 4-3, the bench led by then Chief Justice of India TS Thakur held that the word “his” in section 123 of the 1951 Representation of the …

Why selective in dealing with 'hate speeches', says Solicitor General Tushar Mehta to Supreme Court
1 year, 8 months ago

Why selective in dealing with 'hate speeches', says Solicitor General Tushar Mehta to Supreme Court

India TV News  

Hate speech in India: Solicitor General Tushar Mehta today told the Supreme Court that hate speeches were being made by several people against the members of Hindu community and court could not be selective in its approach in seeking response from the states on the action taken against such statements. The hearing witnessed sharp exchanges between the court and Mehta …

Abjuring hate speech is fundamental requisite for maintenance of communal harmony, says Supreme Court
1 year, 8 months ago

Abjuring hate speech is fundamental requisite for maintenance of communal harmony, says Supreme Court

India TV News  

Supreme Court: The Supreme Court on Tuesday said that abjuring hate speech is a fundamental requisite for the maintenance of communal harmony. "Abjuring hate speech is a fundamental requisite for the maintenance of communal harmony," the bench observed orally. The top court also asked Solicitor General Tushar Mehta what actions have been taken pursuant to lodging of FIRs as merely …

500% Rise In Hate Speech Cases Against Politicians & Public Functionaries Since 2014: Supreme Court Told
2 years, 1 month ago

500% Rise In Hate Speech Cases Against Politicians & Public Functionaries Since 2014: Supreme Court Told

Live Law  

The Supreme Court was yesterday informed that there has been almost 500% rise in reported Hate speech cases against politicians and public functionaries since 2014. "Hate speech expressed at the highest levels of political authority remain unchecked, and new policies have exacerbated a climate of intercommunal tension and impunity for offenders. Further, it is suggested that India may adopt the …

Hate speech is a serious concern
2 years, 1 month ago

Hate speech is a serious concern

Hindustan Times  

Hate speech is a growing problem in India that needs to be tackled seriously at the administrative, political and legal levels. This was underlined again last week by the Supreme Court, which said it was worried about a “climate of hate” in a “religion neutral country” and passed orders to ensure that the police chiefs of three states – Delhi, …

Indian Supreme Court says hate speeches need to be curbed as they ‘sully country’s atmosphere’
2 years, 2 months ago

Indian Supreme Court says hate speeches need to be curbed as they ‘sully country’s atmosphere’

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy India’s top court on Monday …

'Hate Speeches Are Sullying Entire Atmosphere, Need To Be Curbed' : Supreme Court Asks Petitioner To Cite Specific Instances
2 years, 2 months ago

'Hate Speeches Are Sullying Entire Atmosphere, Need To Be Curbed' : Supreme Court Asks Petitioner To Cite Specific Instances

Live Law  

The Supreme Court on Monday heard a Public Interest Litigation filed against rising hate speech against minority communities in the country. While noting that the atmosphere of the nation was being sullied by hate speeches and that they need to be curbed, the bench bench comprising CJI UU Lalit and Justice Ravindra Bhat asked the petitioner to file specific instances …

Absence of specific law on hate speech, using IPC, RP Act to control it: Election Commission to Supreme Court
2 years, 3 months ago

Absence of specific law on hate speech, using IPC, RP Act to control it: Election Commission to Supreme Court

India TV News  

Highlights ECI told Supreme Court that hate speech has not been defined under any 'existing law' in India It's pertinent to point out at outset that hate speech has not been defined under any law, said ECI EC used IPC, RP Act and MCC to control hate speech during election time in India Hate speech news : The Election Commission …

Hate crime and punishment: The Hindu Editorial on violence over ‘hurt sentiments’
2 years, 5 months ago

Hate crime and punishment: The Hindu Editorial on violence over ‘hurt sentiments’

The Hindu  

India’s laws on freedom of expression are clear about the reasonableness of the right to exercise it. But hate speech, directed at communities and intended to fan communal hatred, is not clearly defined in the law. However, there are provisions in the law that can be interpreted as allowing for criminalising offences that are related to hate speech, in particular …

HC rejects plea for hate speech FIR against BJP leaders
2 years, 6 months ago

HC rejects plea for hate speech FIR against BJP leaders

The Hindu  

The Delhi High Court on Monday rejected a plea by CPI leaders Brinda Karat and K.M. Tiwari seeking registration of an FIR against Union Minister and BJP leader Anurag Thakur and party MP Parvesh Verma for their alleged hate speeches against anti-CAA protesters in January 2020. Speeches made n 2020 Ms. Karat had said in her plea that on January …

Hate Speeches by Elected Representatives Warrant Stringent Action: Delhi HC
2 years, 6 months ago

Hate Speeches by Elected Representatives Warrant Stringent Action: Delhi HC

News 18  

Hate speeches by elected representatives, political and religious leaders based on religion and caste bulldoze the constitutional ethos and violate constitutional provisions and therefore warrant stringent peremptory action on the part of central and state governments, said the Delhi High Court on Monday. Justice Chandra Dhari Singh, while noting that there have been instances of hate speeches which led to …

Hate Speeches Delivered By Political & Religious Leaders Bulldoze Constitutional Ethos, Warrant Stringent Peremptory Action: Delhi High Court
2 years, 6 months ago

Hate Speeches Delivered By Political & Religious Leaders Bulldoze Constitutional Ethos, Warrant Stringent Peremptory Action: Delhi High Court

Live Law  

The Delhi High Court has observed that hate speeches especially delivered by elected representatives, political and religious leaders based on religion, caste, region or ethnicity militate against the concept of fraternity, bulldoze the constitutional ethos and violates Articles 14, 15, 19, 21 read with Article 38 of the Constitution of India.Justice Chandra Dhari Singh also observed that. The Delhi High …

Decisively rein in hate speech
2 years, 6 months ago

Decisively rein in hate speech

Hindustan Times  

The Delhi Police announced this week that it registered cases against several people, including two former Bharatiya Janata Party spokespersons whose controversial comments on Prophet Mohammed sparked a wave of international condemnation from many Muslim-majority nations. The Intelligence Fusion and Strategic Operations unit of the Special Cell confirmed that one FIR named suspended BJP spokesperson Nupur Sharma and another, ex-BJP …

Hate speech a criminal act, higher echelons of ruling party endorsing it: Former SC judge
2 years, 11 months ago

Hate speech a criminal act, higher echelons of ruling party endorsing it: Former SC judge

India Today  

Expressing concern over increasing incidents of hate speech, former Supreme Court judge, Justice Rohinton Nariman said it was a criminal act and suggested that Parliament should amend provisions to give minimum sentences to those guilty of it. On the other hand, you have persons giving hate speech -- calling for genocide, and we find great reluctance among some of the …

Watch | What is ‘hate speech’?
2 years, 11 months ago

Watch | What is ‘hate speech’?

The Hindu  

A religious conclave held between December 17 and 19, 2021, in Haridwar, witnessed inflammatory and provocative speeches by proponents of Hindutva, many of them leaders of religious organisations. The Law Commission of India, in its 267th Report, says, "hate speech generally is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual …

Hate speech in the time of free speech
2 years, 11 months ago

Hate speech in the time of free speech

The Hindu  

The rising frequency of hate speech in India has not gone unnoticed. So, the Supreme Court has been asked to review hate speech laws and various High Courts have been called upon to provide interpretation of ingredients of hate speech. Black’s Law Dictionary has defined it as “speech that carries no meaning other than the expression of hatred for some …

Don't Indulge in Hate Speeches: EC to Political Parties
2 years, 11 months ago

Don't Indulge in Hate Speeches: EC to Political Parties

News 18  

The Election Commission on Saturday cautioned political parties over hate speeches and said it is closely monitoring social media posts to ensure clean assembly polls in five states. Political parties and their candidates must ensure that their supporters do not indulge in hate speeches and fake news, Chief Election Commissioner Sushil Chandra said during a press conference to announce the …

Don't indulge in hate speeches: EC to political parties
2 years, 11 months ago

Don't indulge in hate speeches: EC to political parties

India Today  

The Election Commission on Saturday cautioned political parties over hate speeches and said it is closely monitoring social media posts to ensure clean assembly polls in five states. Political parties and their candidates must ensure that their supporters do not indulge in hate speeches and fake news, Chief Election Commissioner Sushil Chandra said during a press conference to announce the …

Explained | What is ‘hate speech,’ and how is it treated in Indian law?
2 years, 11 months ago

Explained | What is ‘hate speech,’ and how is it treated in Indian law?

The Hindu  

The story so far : A recent religious conclave held in Haridwar witnessed inflammatory and provocative speeches by proponents of Hindutva, many of them leaders of religious organisations. Provisions in law criminalise speeches, writings, actions, signs and representations that foment violence and spread disharmony between communities and groups and these are understood to refer to ‘hate speech’. Sections 153A and …

Supreme Court to hear on November 22 plea seeking direction to Centre to take steps to deal with hate speech
3 years, 1 month ago

Supreme Court to hear on November 22 plea seeking direction to Centre to take steps to deal with hate speech

The Hindu  

The Supreme Court on Friday said it would hear on November 22 a plea which has sought a direction to the Centre to examine various international laws and take appropriate “effective and stringent” steps to control hate speech and rumour-mongering in the country. Incorporating limits: On IPC and hate speech | Define the contours of hate in speech The apex …

New Zealand beefing up hate speech laws after Christchurch attack
3 years, 5 months ago

New Zealand beefing up hate speech laws after Christchurch attack

Al Jazeera  

Government says existing laws do not protect a person’s gender identity, sexual orientation, religion or disability. New Zealand’s government announced on Friday that it plans to strengthen the country’s hate speech laws, and increase penalties for inciting hatred and discrimination, in response to the attack by a white supremacist in Christchurch two years ago that killed 51 Muslims. New Zealand’s …

Incorporating limits: The Hindu Editorial on IPC and hate speech
3 years, 6 months ago

Incorporating limits: The Hindu Editorial on IPC and hate speech

The Hindu  

Speech is free, but it is a freedom that comes with responsibility. The term ‘hate speech’ and calls for laws that specifically seek to punish it arise from this inclusive understanding of the basis on which speech is restricted in modern democracies. A committee appointed by the Union Home Ministry, tasked with recommending changes in criminal law, is now seeking …

Panel to define offences of speech, expression
3 years, 6 months ago

Panel to define offences of speech, expression

The Hindu  

A panel constituted by the Union Home Ministry to suggest reforms to the British-era Indian Penal Code is likely to propose a separate Section on “offences relating to speech and expression.” As there is no clear definition of what constitutes a “hate speech” in the IPC, the Committee for Reforms in Criminal Laws is attempting for the first time to …

OpIndia, Indic Collective Trust and UpWord file intervention application in SC in Sudarshan News case, ‘Saffron terror’, fake news demonising Hindus find mention
4 years, 3 months ago

OpIndia, Indic Collective Trust and UpWord file intervention application in SC in Sudarshan News case, ‘Saffron terror’, fake news demonising Hindus find mention

Op India  

To this effect, the applicants have moved an intervention application in the matter of Firoz Iqbal Khan v. Union of India concerning permissible free speech which the apex court is seized of in the Writ Petition as also in light of the ad-interim order dated September 15, 2020, passed in the Petition, both of which have implications on the treatment …

'This Is So Insidious. Can This Be Tolerated In A Free Society?': Justice Chandrachud On Sudarshan TV's "UPSC Jihad" Show
4 years, 3 months ago

'This Is So Insidious. Can This Be Tolerated In A Free Society?': Justice Chandrachud On Sudarshan TV's "UPSC Jihad" Show

Live Law  

The Supreme Court on Tuesday made some strong oral remarks taking objection to the show telecast by Sudarshan TV News about the entry of Muslims into the All India Services after clearing the UPSC exams. < 𝐒𝐮𝐝𝐚𝐫𝐬𝐡𝐚𝐧 𝐓𝐕'𝐬 "𝐔𝐏𝐒𝐂 𝐉𝐢𝐡𝐚𝐝" 𝐒𝐡𝐨𝐰 > Top Court to hear a plea against the Sudarshan TV programme acclaimed as a ''big expose on the …

Sudarshan TV's "UPSC Jihad" Show: 7 Former Civil Servants Intervene In SC, Seeking An Authoritative Ruling On Scope Of "Hate Speech"
4 years, 3 months ago

Sudarshan TV's "UPSC Jihad" Show: 7 Former Civil Servants Intervene In SC, Seeking An Authoritative Ruling On Scope Of "Hate Speech"

Live Law  

Seven retired civil servants belonging to an informal collective named Constitutional Conduct Group have filed an intervention application in the case seeking injunction against the telecast of a show in Sudarshan TV, allegedly communalising the selection of Muslims in UPSC exams.Top Court's bench of Justices DY Chandrachud & KM Joseph had then refused to pass a pre-broadcast injunction. There exist …

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