Hate Speech: There has been a rise in cases of hate speech in India in the last few years. According to the report of the National Crime Records Bureau, 31 percent more cases have been registered in 2022 as compared to 2021.
Now recently, India Hate Lab Group based in Washington, America has released its report. It has been claimed in this report that in the year 2023, 668 hate speeches have been made against the people of Muslim community in India.
According to the report, out of these 668 hate speech cases, 75% of the incidents, around 498 statements, have been given in BJP ruled states and union territories. Many issues including violence against Muslims, love jihad and halal jihad have been mentioned in these hate speeches.
Whereas in 36% i.e. about 239 incidents, there was direct talk of violence against Muslims and in 25% of the speeches there was a call to target the religious places of Muslims.
first we underatand –
what is Hate Speech?
Hate speech is any form of communication that spreads, incites, promotes, or justifies hatred, violence, discrimination, or prejudice against individuals or groups based on factors such as race, ethnicity, religion, gender, sexual orientation, disability, or other characteristics. It can manifest in various forms, including verbal, written, or visual expressions, and is often intended to demean, dehumanize, or intimidate targeted individuals or communities. Hate speech is considered harmful because it can fuel discrimination, conflict, and violence, and undermine social cohesion and mutual respect in society.
Do incidents of hate speech increase during elections?
Describing these incidents in detail, it has been said that the incidents of hate speech were at their peak between the months of August and November 2023. This was the time when assembly elections were about to be held in Rajasthan, Madhya Pradesh, Telangana and Chhattisgarh.
During this period, the state giving maximum hate speech was Maharashtra. 118 hate speeches were given here. At the second place is Uttar Pradesh where 104, 65 in Madhya Pradesh, 64 in Rajasthan, 48 in Haryana, 41 in Uttarakhand, 40 in Karnataka, 31 in Gujarat, 21 in Chhattisgarh, and 18 incidents of hate speech took place in Bihar.
Difference between BJP ruled and non BJP ruled states
One thing that is quite interesting here is that BJP leaders have been involved in such incidents in more non-BJP ruled states than in BJP ruled states.
The report said that only 10.6% of incidents in BJP ruled states involved BJP leaders, while this figure increased to 27.6% in non-BJP ruled states.
In which programs were the most hate speeches given?
According to the data, 32% i.e. about 126 incidents of hate speech took place in public meetings organized by Vishwa Hindu Parishad (VHP) and Bajrang Dal. At the same time, 50 hate speeches were given in election rallies for which BJP itself was responsible for organizing.
Israel used Gaza war to spread hatred
The Israel-Gaza war has also been used extensively to “spread anti-Muslim hatred” in different states. According to the report, out of 193 speeches between October 7 and December 31, 41, or 21%, used the Israel-Gaza war.
An attempt was made to use this war to increase fear and hostility towards Indian Muslims. “Some leaders asserted that Muslims are naturally violent and therefore pose a threat to Hindus.”
107 MPs and MLAs of the country accused of giving hate speech
According to a report by the Association for Democratic Reforms, currently a total of 107 MPs and MLAs in India face charges of giving hate speeches. Not only this, 480 candidates facing such cases have contested elections in the last five years.
Not only this, ADR and National Election Watch analyzed the sitting MPs and MLAs as well as the unsuccessful candidates in the elections held in the country in the last five years. Which shows that there are 33 MPs who have declared cases related to hate speech against them. Four of these MPs are from UP. Three MPs are from Bihar, three from Karnataka and three from Telangana.
In the same report of ADR, it was said that in the last five years, 480 candidates with declared cases related to hate speech allegations have contested the elections of Assembly, Lok Sabha and Rajya Sabha.
Also know the situation of the year 2022
According to the NCRB report, more than 1500 cases of hate speech have been registered across India in the year 2022 and these cases are 31.25 percent more than the year 2021. However, a decline of 15.57 percent has been seen in the data of the year 2020.
In the year 2022, the maximum number of cases were registered in Uttar Pradesh (217). This was followed by Rajasthan (191), Maharashtra (178), Tamil Nadu (146), Telangana (119), Andhra Pradesh (109), and Madhya Pradesh (108).
Know some recent events also
In the month of September 2023, BJP MP Ramesh Bidhuri had abused a BSP MP Kunwar Danish Ali. Despite this, the party did not take any action against this MP.
Earlier, in the month of June 2023, some such posters were found stuck on the walls of Uttarakhand in which Muslims were warned to leave the area. This poster was put up by an organization named ‘Devbhoomi Raksha Abhiyan’ in Uttarkashi district. In these posters, members of a particular community in the district were asked to vacate the shop.
This organization had written in its poster, “Love Jihadis are informed to vacate their shops before the Mahapanchayat to be held on June 15, 2023.” This poster was also put up in the main markets of Purola where there are a total of 700 shops and about 40 shops are owned by Muslims.
What does the law say on hate speech
Supreme Court lawyer Ashwini Kumar Dubey, in response to this question, said that there is a ban on hate speech in Article 19 (2) of the Indian Constitution. This article defines the difference between the use and misuse of freedom of speech in the country. This article prohibits such speech which has a negative impact on the unity, integrity, sovereignty and public order of the country.
Apart from this, Section 153A and 153B of the Indian Penal Code also talks about punishing those who commit such acts. Sections 295A and 298 of the Indian Penal Code cover speech given with deliberate intention to hurt the religious sentiments of any section of the society.
Under Section 505 (1) and 505 (2) of the IPC, if any publication is done with the purpose of spreading hatred or ill-will towards any community, then in such a situation it is categorized as a crime.
Under the Protection of Civil Rights Act 1955, if such acts are committed through written, gestures, verbal, signals or visual medium, then there is a provision to punish the accused.
He said that such cases keep coming from the Supreme Court to the lower courts. They remain entangled in legal maneuvers and the leaders get the benefit of it. In such a case, punishment has come to light only as an exception.
