Hate speech vis-a-vis Freedom of speech in Indian democracy

Abstract

The paper gives a broad study on hate speech, its evolution, legal consequences as well as freedom of speech in a democratic state. One is the Evolution of Hate Speech discussed in chapter one which goes from looking at the different aspects of hate speech to its roots during colonial India. Legal cases such as Pravasi Bhalai Sangathan v Union of India, enable readers to comprehend what amounts to hate speech and how it affects marginalized groups. This chapter highlights the change and restrictions laid down by the constitution with regard to hate speech as an exception to free expression. Potential Harm and Impact on Individuals and Communities looks at some of the long term effects of hate crimes. From personal damages such as psychological traumas and costs; community-wide issues like economic setbacks, school dropout rates due to fear or tension; this section explores them all in details. It also recognizes that communities can be resilient while highlighting the importance of recognizing nuanced impact. Legal framework in India, as explained in Chapter three analyzes constitutional provisions particularly Article 19(1)(a) and ancillary legislations like Sections 153A, 153B & 295A of Indian Penal Code (IPC). Additionally, it examines Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for its efficacy. It affects people psychologically and communities economically and socially, from individual trauma to community difficulties. The chapter acknowledges community strength while stressing the need to understand hate speech's harm to protect people's rights and safety.