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With reference to the Hate Speech, consider the following statements:
1. Hate speech has not been defined in any law in India.
2. Article 17 of the Constitution guarantees freedom of speech and expression to all citizens of India is subjected to certain restrictions.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
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Most Upvoted Answer
With reference to the Hate Speech, consider the following statements:1...
Hate Speech in India
Definition of Hate Speech
- Hate speech has not been defined in any law in India.
Freedom of Speech and Expression
- Article 19(1)(a) of the Constitution guarantees freedom of speech and expression to all citizens of India.
- However, this right is subject to reasonable restrictions under Article 19(2), which includes public order, morality, and the sovereignty and integrity of India.
- Article 17 of the Constitution also prohibits the practice of untouchability.
Hate Speech and Restrictions on Freedom of Speech
- Hate speech that incites violence or promotes discrimination on the basis of religion, race, caste, or gender is not protected under the right to freedom of speech and expression.
- The Supreme Court has held that hate speech can be restricted under Article 19(2) in the interest of public order and morality.
- In addition, the Indian Penal Code (IPC) criminalizes hate speech under various sections, such as Section 153A (promoting enmity between different groups on grounds of religion, race, etc.) and Section 295A (outraging religious feelings).
- The Information Technology Act, 2000 also contains provisions to regulate hate speech on the internet.
Conclusion
- Hate speech is not defined in any law in India.
- Freedom of speech and expression is guaranteed under the Constitution but is subject to reasonable restrictions.
- Hate speech that incites violence or promotes discrimination is not protected under the right to freedom of speech and expression and can be restricted under the law.
Definition of Hate Speech
- Hate speech has not been defined in any law in India.
Freedom of Speech and Expression
- Article 19(1)(a) of the Constitution guarantees freedom of speech and expression to all citizens of India.
- However, this right is subject to reasonable restrictions under Article 19(2), which includes public order, morality, and the sovereignty and integrity of India.
- Article 17 of the Constitution also prohibits the practice of untouchability.
Hate Speech and Restrictions on Freedom of Speech
- Hate speech that incites violence or promotes discrimination on the basis of religion, race, caste, or gender is not protected under the right to freedom of speech and expression.
- The Supreme Court has held that hate speech can be restricted under Article 19(2) in the interest of public order and morality.
- In addition, the Indian Penal Code (IPC) criminalizes hate speech under various sections, such as Section 153A (promoting enmity between different groups on grounds of religion, race, etc.) and Section 295A (outraging religious feelings).
- The Information Technology Act, 2000 also contains provisions to regulate hate speech on the internet.
Conclusion
- Hate speech is not defined in any law in India.
- Freedom of speech and expression is guaranteed under the Constitution but is subject to reasonable restrictions.
- Hate speech that incites violence or promotes discrimination is not protected under the right to freedom of speech and expression and can be restricted under the law.
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Community Answer
With reference to the Hate Speech, consider the following statements:1...
Recently, the Supreme Court in its judgement told the States of Himachal Pradesh and Uttarakhand that they are “bound” to stop hate crimes and follow the preventive and punitive measures against hate crimes laid down by the Supreme Court in its judgements.
- Article 19(2) of the Constitution guarantees freedom of speech and expression to all citizens of India is subjected to certain restrictions, namely, 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.
- Provisions in clauses (2) to (6) of Article 19 authorizes the State to restrict the exercise of the freedom guaranteed under the article.
- Legal Provisions of Hate Speech:
- Hate speech has not been defined in any law in India.
- However, legal provisions in certain legislations prohibit select forms of speech as an exception to freedom of speech.
- Indian Penal Code (IPC) Provisions:
- Under Section 153A of IPC, ‘promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony’, is an offence punishable with three years’ imprisonment.
- Sections 505(1) and 505(2): Make the publication and circulation of content which may cause ill-will or hatred between different groups an offence.
- Representation of the People Act, 1951:
- Section 8 disqualifies a person from contesting election if he is convicted for indulging in acts amounting to illegitimate use of freedom of speech and expression.
- Protection of Civil Rights Act, 1955:
- Section 7 penalizes incitement to, and encouragement of untouchability through words, either spoken or written, or by signs or by visible representations or otherwise.
- Religious Institutions (Prevention of Misuse) Act, 1988:
- Section 3(g) prohibits religious institution or its manager to allow the use of any premises belonging to, or under the control of, the institution for promoting or attempting to promote disharmony, feelings of enmity, hatred, ill-will between different religious, racial, language or regional groups or castes or communities.
Hence only statement 1 is correct.
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With reference to the Hate Speech, consider the following statements:1. Hate speech has not been defined in any law in India.2. Article 17 of the Constitution guaranteesfreedom of speech and expressionto all citizens of India is subjected tocertain restrictions.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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With reference to the Hate Speech, consider the following statements:1. Hate speech has not been defined in any law in India.2. Article 17 of the Constitution guaranteesfreedom of speech and expressionto all citizens of India is subjected tocertain restrictions.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to the Hate Speech, consider the following statements:1. Hate speech has not been defined in any law in India.2. Article 17 of the Constitution guaranteesfreedom of speech and expressionto all citizens of India is subjected tocertain restrictions.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to the Hate Speech, consider the following statements:1. Hate speech has not been defined in any law in India.2. Article 17 of the Constitution guaranteesfreedom of speech and expressionto all citizens of India is subjected tocertain restrictions.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?.
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