Relevance: GS-2 (Polity – Fundamental Rights, Criminal Justice); Source: The Hindu

Debate around regulating hate speech has intensified after Karnataka introduced the Hate Speech and Hate Crimes (Prevention) Bill, 2024, aiming to criminalise collective intent and online harms.

What is Hate Speech?

Any expression (spoken, written, symbolic) that incites discrimination, hostility, or violence against groups based on identity (religion, caste, gender, ethnicity).
 UN Rabat Plan adds that context, intent, content, reach, and likelihood determine illegality.

Current Legal Framework (Fragmented & Ambiguous)

India lacks a specific definition of hate speech. Instead, multiple IPC sections are used:

Section

Provision

IPC 153APromotes enmity between groups; punishable up to 3 years.
IPC 295AMalicious religious insult; requires deliberate & malicious intent.
IPC 505(1)(c)/505(2)Statements inciting public mischief or communal hatred.
IT Act 2000 (Sec 66)Certain online offences but no direct “hate speech” clause.

Issues: Over-criminalisation, vague standards, selective enforcement, and lack of modern digital-era definitions.

Karnataka Hate Speech & Hate Crimes (Prevention) Bill, 2024)

Key features:

  • Introduces “collective intent liability” — holding groups/organisations accountable.
  • Penalises hate crimes, hate speech, and targeted disinformation.
  • Provides graduated penalties & empowers police for faster action.
  • Covers online abuse, doxxing, and targeted harassment.
  • Aims to align with global norms seen in the EU and UK.

Criticisms:
 Concerns over ambiguity, possible misuse, and chilling effects on political speech.

Supreme Court’s Stand

  • Repeatedly expressed concern over hate speech becoming a “menace to constitutional values”.
  • Held that police must register suo motu FIRs without waiting for complaints (2022).
  • Recognised that existing law is inadequate in the age of digital virality.
  • Urged Parliament to create a comprehensive statutory framework.

Effective hate-speech regulation is essential to safeguard constitutional morality, protect vulnerable communities, and preserve public order in a deeply diverse society.

Q. Which of the following provisions are directly related to regulating hate speech in India?

  1. Article 19(2)
  2. IPC Section 295A
  3. IPC Section 153A
  4. Article 32

Options:
 A. 1, 2 and 3 only
 B. 2 and 4 only
 C. 1, 3 and 4 only
 D. 1, 2, 3 and 4

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