Cases of hate speech are increasing rapidly in India. Responsible people like MPs, MLAs and their supporters are also doing this work naturally. There are 107 cases of hate speech registered against sitting MPs and MLAs in the country. Of these, there are 33 MPs and 74 MLAs. In which the ruling BJP has the maximum number of members and smaller parties are also following them. Let us tell you that this data has been taken from the affidavit filed by the MPs and MLAs. The report also shows that in the last five years, 480 such leaders have been given tickets by recognized political parties. This 179-page report exposes the increasingly ugly face of Indian politics.
There is no need to say why hate speech is given. This is an attempt to win over voters of one's own caste and religion by spreading mutual animosity, caste animosity and social hatred. The report of the Law Commission of India says that hate speech has not been clearly defined in any law in India. Whatever rules and regulations are there, the system uses them on a pick and choose basis. The leaders are aware of this, that is why they have been doing this openly without any fear. The recorded report is only a sample. When former MPs, MLAs and their henchmen are added to this, this number will become bigger.
What is the role of the Representation of the People Act 1951 in such cases?
Section 8 of the Representation of the People Act bars a person convicted of abusing freedom of speech from contesting elections. Section 123 (3A) and Section 125 prohibit such acts committed on the basis of caste, religion, language, community. It is also considered a corrupt electoral practice.
What does the country's law say on hate speech?
Supreme Court Advocate Ashwini Kumar Dubey says that there is a ban on hate speech in Article 19 (2) of the Indian Constitution. This article defines the difference between use and misuse of freedom of speech. It also bans such speeches which have a negative impact on the unity, integrity, sovereignty and public order of the country. Indian Penal Code 153A and 153B are also meant to punish those who commit any such act. Sections 295A and 298 of the IPC are for cases which are done deliberately with the intention of hurting the religious sentiments of a section. Sections 505 (1) and 505 (2) of the IPC focus on publications made for the purpose of causing hatred or ill-will. Keeps them in the category of crime. SC-ST Act also prohibits this. Protection of Civil Rights Act 1955 written, oral, gestures,
Such cases come from the Supreme Court to the lower courts. Remain embroiled in legal complications. Leaders keep taking advantage of this. It is only as an exception that punishment has been handed out. Whereas the time has come that the Election Commission, Supreme Court, Parliament, Legislative Assemblies also need to consider this and take action as soon as possible. Otherwise, it is difficult to say in which direction this hatred will take the country. But, it is certain that if such activities are not stopped, problems will increase.
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