Abstract

The Indian constitution has given freedom of speech and expression as a fundamental right. But this right cannot be given in an absolute manner as speech which would disturb the peace in the society and create enmity or chaos in the society is not permissible. There are a huge number of instances of hate speeches in India which most often lead to communal clashes in the nation and therefore disturbing the peace in the society. It is important to note that though there are laws which prohibit hate speeches or make it a punishable offence under the Indian penal code, the inefficient implementation and lesser punishment for such crimes makes it an offence which is not taken that seriously. The recent spike in the incidents of hate speeches in India have resulted in huge disturbance in the society and such incidents doesn’t seem to be halted but in turn are increasing every day. It is important to make laws and amendments to make sure such incidents are reduced and thereby securing peace in the society. This paper tries to analyze the present laws which are present for the offence of hate speech. Firstly, the paper tries to differentiate between hate speech and the freedom of speech and expression, to look whether the offence of hate speech can be defended under the right to freedom of speech and expression. Secondly, the paper looks into the sections of IPC which deal with the offence of IPC, also covering the other laws which deal with it and tries to analyze if those laws are sufficient by considering the spike in the cases of hate speech. Lastly, it tries to give suggestions on changes in law to deal with such offences effectively and measures that can be taken to prevent it.

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