Regulating hate speech in India is riddled with enforcement and procedural issues
Varun Ramdas, Senior Associate, Koan Advisory Group, goes into details of the move to crack the whip on hate speech in India
June 14, 2021
Varun Ramdas
On May 4, 2020, The Ministry of Home Affairs (MHA) constituted a national-level committee to recommend criminal law reforms in India. Among other issues, the Committee will be looking into issues relating to âhate speechâ. A number of people have been accused of making hate speeches, yet very little is understood about what actually is hate speech. In the recent Delhi riot case, the police made selective arrests of people held responsible for making hate speeches. Given the dire consequences of âhate speechâ, Facebook updated its hate speech policy recently. In the light of these events, a clear understanding of hate speech is urgently needed. The Committeeâs action is timely and once it submits its recommendations, the MHA may implement them by making changes to the India Penal Code (IPC). Reports suggest that the Committee may propose a separate section on âoffences relating to speech and expressionâ. A fundamental objective of the panel is to streamline the offence of âhate speechâ. However, there are two concerns with this process.