Unmasking the Legal Dimensions of Hate Speech: A Comprehensive Examination

  • Anchal Yadav
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  • Anchal Yadav

    Student at Lloyd law college, Greater Noida, India

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This comprehensive exploration delves into the multifaceted realm of hate speech, investigating its detrimental impact on both individuals and communities. The article navigates through the legal dimensions of hate speech, shedding light on its definition, ramifications, legislative framework, and the intricate interplay between freedom of expression and societal well-being. Examining the extensive scope of hate speech, it encompasses forms of communication inciting hatred, discrimination, or violence grounded in protected attributes like race, religion, gender, and more. The article references significant legal sources, such as the Bureau of Police Research and Development and the Law Commission of India, to offer nuanced definitions of hate speech. Its exploration spans the far-reaching repercussions of hate speech, permeating society with divisiveness, fear, and inequality, particularly affecting marginalized groups. The article navigates India's legal landscape, spotlighting the Indian Penal Code and the Information Technology Act as mechanisms addressing hate speech. It juxtaposes the cherished freedom of speech with the need to curtail hate speech for public welfare, outlining the Indian Constitution's stance and the challenges faced by the judiciary in striking this balance. By referencing landmark cases, including Ram Manohar Lohia vs. State of Bihar, Aruna Roy vs. Union of India, and Shreya Singhal vs. Union of India, the article underscores the judiciary's role in shaping the discourse. In an age characterized by digital proliferation, the article confronts the complexities of combating hate speech online, highlighting the intricate interplay between global digital platforms and local cultural nuances. It calls for a concerted effort beyond legislation, advocating for education, awareness campaigns, and community engagement to counter the prevalence of hate speech. Concluding with a call for adaptive legal reforms in the digital age, the article underscores India's potential to create an inclusive future that harmonizes the virtues of free expression with the imperative of respect and social cohesion.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 2605 - 2609

DOI: https://doij.org/10.10000/IJLMH.115696

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