In common language, “hate speech” refers to offensive discourse targeting a group or an individual based on inherent characteristics (such as race, religion or gender) and that may threaten social peace.
It is an age-old weapon used to secure political end. And unfortunately India is the biggest sufferer of this tool which has seen her end morbid, while boasting being the longest surviving civilization, with her partition.
If you enjoyed reading this article, you can help support our journalism by adding OHeraldo as a preferred source.
But as the saying goes; it proves that history repeats itself with no permanent lesson learnt and the India perhaps is dangerously going close to another show-down.
The Supreme Court last week came down heavily on the administration for its failure to take prompt action against instances of hate speech.
The apex court observed that the menace of hate speech is a vicious circle which is going on because the state is “impotent, powerless, and doesn’t act in time”.
The top court made these strong observations while hearing a contempt petition against various state authorities including Maharashtra for failing to lodge FIRs against people making hate speeches.
A bench comprising Justices K M Joseph and B V Nagarathna was considering a petition seeking contempt action against authorities in the State of Maharashtra over their alleged failure to act against hate speeches during rallies.
These observations made by the Supreme Court once again highlight the menacing proportion hate speeches have gained in this country over a period of time.
The question which needs in depth study and clarification is if the state really “impotent, powerless” and doesn’t act on time or otherwise?
If the country could pass more than six decades in harmony with same state machinery what makes the same machinery chickening out for same reason?? Our country did have sporadic bursts out of hate issue but it did never take such a menacing form!!!!
Incase our state machinery goes ineffective to apply the right measure, the state authority has all the power in its hand to stop it.
But if the political apathy emanates from the top for dirty political aim, then what??
India being a democracy, Right to Freedom of Speech and Expression is enshrined in its Constitution. But this precious “Right” needs to be very judiciously protected, to generate vibrancy of the democracy but not its murder.
The politicians and even the media, in the zeal of playing political game, perhaps are unable to visualize what is in store in future.
It is high-time that the political leadership and Media, the Fourth Pillar of governance show more restraint and wisdom and work from a position of great strength. Any misuse by them impacts the whole nation. This freedom comes with responsibility.
While there is no doubt that free speech in the country should be protected, no entity has the freedom to misuse any Fundamental Right guaranteed under the Constitution for disturbing the country’s peace and harmony.
Equally alarming is hate speech’s rise on social media. It’s sad to see that the so-called “educated youth” are spewing venom on Twitter and Facebook. It is hard to believe that the hate mongers are unaware about what are they doing but the lower strung of the leaders or media persons are guided by bigger hands.
It is, therefore, highly important for the leaders to understand the long term implications of their short term dirty and harmful game of politics and responsibly discharges their “Rajdharma” and gives just and legal power to their executive branches to perform their duties to the best of their abilities and without prejudices.
Worse is the inaction from government authorities, mostly the police. While it promptly books anyone voicing dissent against the government’s policies, it chooses to look the other way when politicians in full public view make provocative speeches.
There is an urgent need to crack down on hate mongering. Any action against perpetrators of hate speech should be taken irrespective of caste, creed and religion as the crime committed is against society and very security of the nation regardless of who the speaker is.
While India doesn’t have a legal definition for hate speech, there are a number of provisions in the law to prohibit certain forms of speech, writing and actions as exceptions to free speech.
This includes criminalisation of acts that could promote enmity between different groups on grounds of religion and deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
While there are laws to deal with actions threatening communal harmony, the problem is these are not implemented on ground, where it is needed.
If the police commissioner or the Director General of Police chooses to ignore His Master’s Voice, then the situation can be easily controlled before it causes a law and order problem.
But unfortunately, as the Supreme Court pointed out, there is a clear lack of willingness from all concerned authorities to curb this menace.
It is time for the entire society to wake up as we are sitting on a ticking time bomb. If not diffused immediately, we could be heading for a disaster. Society as a whole should stop falling prey to hate mongering.
