Government to SC: Need law to punish hate speech & preserve peace

NEW DELHI: At a time when the Centre has been accused of failing to rein in its ministers as well as leaders of the ruling party who are making provocative speeches, the Modi government has justified before the Supreme Court the need for a law to punish hate speeches and even supported prosecution of senior BJP functionary Subramanian Swamy for allegedly promoting hatred between Hindus and Muslims.

The law defines hate speech as any speech, gesture or conduct, writing or display which is forbidden because it may incite violence or hurt religious feeling or promote enmity between different groups on grounds of religion, race, place of birth, residence, language etc.

The government's response came on Swamy's plea challenging the constitutional validity of Sections 153, 153A, 153B, 295, 295A, 298 and 505 of the IPC regarding hate speech on grounds that they were violative of the right of free speech and expression and obstructed people from fearlessly articulating their views.

In an affidavit filed in the court, the home ministry dismissed the contention saying the constitutionally guaranteed right of free speech did not give people licence to spread hatred towards any community or class in the name of freedom of speech, and that allowing them to do so would result in public disorder and riots. Telling the Supreme Court that a law to punish hate speeches was needed, the Centre said penal provisions are meant to preserve unity of the country and to ensure that divisive forces did not prosper. It even disputed BJP leader Subramanian Swamy's contention that the provisions meant to deter “hate speech“ were loosely worded and gave scope for muz zling free speech in the garb of "reasonable restrictions" provided for under the Constitution.

Significantly, it also justified criminal proceedings against Swamy , saying "he made hate speech against a community" in his book. In its affidavit, the Centre dealt at length with the competing considerations of freedom of speech and the need to maintain peace and har mony in a diverse and multi-faith society. "If people were permitted to freely attempt to commit acts promoting feelings of enmity or hatred between different classes of citizens of India, the result would be public disorder.There may be riots or com mission of offences. There may be disharmony and ill will between various classes, affecting the peace and order of society," the affidavit said.

Swamy is facing various criminal proceedings in Delhi, Mumbai, Assam, Mohali and Kerala for his views on terrorism which was termed as hate speech under the IPC provisions. He alleged that the provisions dealing with offences of hate speech were violative of the fundamental right to freedom of speech and were being were used to penalize people.