Post
by: Alexandria Overcash
This
semester I have the privilege of leading a project for Alliance Defending
Freedom. Along with two other CGJ staff members, I am researching blasphemy and
hate speech laws throughout Asia. Our ultimate goal is to provide a
recommendation to Alliance Defending Freedom on how they can combat the hate
speech laws within India to protect the freedom of speech. To do so, my team
and I are intensely researching the current standing of hate speech law in
India, other Asian countries, and within the United Nations. So far, my
research has primarily focused on the current standing of hate speech law in
India. Though India recognizes freedom of expression in its constitution, hate
speech laws are deeply ingrained in the country’s penal code and criminal code
of procedure.
Some
of you may be asking, as I was when I first began this project, what exactly
constitutes “hate speech.” Unfortunately, the answer to that question is not
simple because countries have used the term “hate speech” in a variety of ways.
In India, the term is primarily used to describe speech that disrespects
someone on grounds of religion, race, place of birth, residence, language,
caste or community. In India, the application of this definition extends to
oral communication and written communication.
Though
hate speech laws are ingrained in the penal code and criminal code of procedure
in India, the Supreme Court appears to be making a shift in its understanding
of what it means to protect the fundamental right of people to express themselves.
In a 2014 case where a party was seeking intervention in directing the Election
Commission to curb hate speeches, Justice RM Lodha stated, “We cannot curtail
fundamental rights of people. It is a precious right guaranteed by the
Constitution.” We are hopeful that this change in perspective continues and
that the laws of India return to protecting the freedom of expression.
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