Nupur Sharma’s alleged hate speech is one of the biggest controversies in our nation presently. But it must be noted that previously too, several BJP leaders have made anti-Muslim hate speeches. Ms Sharma’s offensive statement severely hurt the sentiments of Muslims not just in India but across the world and resulted in massive protests.
Despite several FIRs being filed against her, in various parts of the nation, she has failed to make an appearance. In Ms Sharma’s petition to quash such FIRs, the Supreme Court even went to the extent of commenting that she is single-handedly responsible for massive violence in the nation and is a security threat. For the apex court to make such comments is of great consequence, as has already been discussed by experts in the legal field.
Nupur Sharma’s alleged hate speech is one of the biggest controversies in our nation presently. But it must be noted that previously too, several BJP leaders have made anti-Muslim hate speeches. Ms Sharma’s offensive statement severely hurt the sentiments of Muslims not just in India but across the world and resulted in massive protests.
Since such hate speeches have the potential to cause violence and harm the unity of the nation, it has an impact not just on the Muslim community that is being targeted in the present scenario but on the integrity of the nation as a whole. This piece thus helps to shed light on the understanding of laws surrounding hate speech in India and why it cannot be delivered under the garb of the fundamental right to speech and expression.
Indian law on hate speech
“Your right to move your hand ends where the other person’s nose begins.”
A citizen’s fundamental right to freedom of speech is a basic feature of a democratic system. And Article 19 (1)(a) a provides for the respective right. However, such rights have reasonable limitations attached to them. Article 19(2) gives the state the authority to curb a citizen’s fundamental right to speech and expression “in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence“.
In 2017, the Law Commission of India gave its report stating that even if hate speech does possess complex challenges to freedom of speech and expression, it cannot be given constitutional protection. Consequently, the Indian Penal Code was amended, and Section 153C and Section 505A were introduced.
This story was originally published in feminisminindia.com . Read the full story here