Why is it in the news?
The Supreme Court addressed rising hate crimes and hate speech, urging restraint in divisive public statements.
Court examined plea seeking special legal framework to recognise hate-based offences.
Category: Polity
Important Points:
● 267th Law Commission Report (2017) defines hate speech as words/actions stirring hatred based on race, religion, gender, etc.
● Article 19(1)(a) guarantees free speech; Article 19(2) allows reasonable restrictions
● Bharatiya Nyaya Sanhita, 2023 penalises promoting enmity between groups
● SC/ST (Prevention of Atrocities) Act, 1989 punishes caste-based humiliation
● Representation of the People Act, 1951 disqualifies candidates for promoting communal disharmony
● No standalone legal definition of “Hate Crime” in India
● Proving malicious intent and bias motive remains evidentiary challenge
● SC in Shaheen Abdulla (2022) directed police to take suo motu action
● NCRB faces difficulty in collecting specific lynching/religious violence data
● Digital challenges include algorithmic amplification and anonymity