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Incorporating limits: The Hindu Editorial on IPC and hate speech

Proposed hate speech provisions should be clear and free of vagueness
Speech is free, but it is a freedom that comes with responsibility. And responsible speech is not just something that does not contain abuse, defamation or incitement to violence. It is increasingly seen as expression that tends not to discriminate against or incite hatred towards groups based on race, gender, caste, religious belief, sexual orientation, nationality or immigration status. The world has moved away from a free speech doctrine based on a formal equality among different viewpoints to one that discourages the targeting of any vulnerable section. The term ‘hate speech’ and calls for laws that specifically seek to punish it arise from this inclusive understanding of the basis on which speech is restricted in modern democracies. In this backdrop, the proposal to incorporate provisions against hate speech in the penal law is quite welcome. A committee appointed by the Union Home Ministry, tasked ....

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Unwarranted arrest: On sedition charges against Raghu Ramakrishna Raju

The casual resort by the police to the sedition clause continues to cause concern
The arrest of K. Raghu Ramakrishna Raju, an MP from Andhra Pradesh, on the grave charge of sedition, is yet another instance of the misuse of the provision relating to exciting “disaffection” against the government. The police in different States have been invoking sedition, an offence defined in Section 124A IPC, against critics of the establishment and prominent dissenters. It is not surprising that Mr. Raju, a vocal detractor of A.P. Chief Minister Y.S. Jagan Mohan Reddy, is sought to be prosecuted. However, his arrest is unwarranted, considering that he is being accused of only speech-based offences relating to his diatribe against his party leader and CM. It has predictably, and not without justification, invited charges of political vendetta. Even if one were to accept at face value the prosecution’s claim that his speeches stoked hatred against communities he had referred to alleg ....

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Fuzzy law, unclear jurisprudence, trampled rights

Fuzzy law, unclear jurisprudence, trampled rights
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The legal regime that enables the government to block websites needs urgent reform
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The legal regime that enables the government to block websites needs urgent reform
On February 1, 2021, in the wake of the intensification of the farmers’ protests and reports of violent incidents on January 26 – a number of Twitter accounts became inaccessible in India. These included (among many others) the accounts of
The Caravan magazine, the actor Sushant Singh, and the Kisan Ekta Morcha handle, which was chronicling the protests. In the beginning, it was unclear whether this was Twitter’s decision, based on its belief that the accounts had violated its Terms of Service (the reason for its permanent suspension of Donald Trump from its platform, for example), or whether Twitter had been ordered to do so by the government, or by a court. ....

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