Author of “Freedom Of Speech And Expression: Hate Speech Dilemma – The Comparative Analysis”

Tell us about yourself ?

This is Rishi Khemani and currently pursuing final year of my BBA LLB (Hons.) degree. I chose that field of study because I made my interest in legal studies from 11th standard itself by having optional subject as a Legal Studies with commerce. I’m strong researcher too who made significant contributions to various journals and able to publish many research papers in different subjects of law. I’m currently working on my skills to pursue my career in litigation.

What is Hate Speech? Why don’t we have a separate codified law on this context like the other countries?

Hate speech is the speech, gesture that actually incites the hate, violence and prejudice towards the particular class or general public of the society. speech could be a classic example of the upliftment of the technologies which is giving birth to the opportunities and the threats in the ambit of balancing the difference between the Fundamental rights and its principle. Legal status of Hate speech is much liberal in India as the country does not have separate laws all over in order regulate and counter the hate speech. Separate laws regarding particular type of act is always useful to that nation because there exists no problem of collusion between already existing laws and their principles.There are countries like India that do not apply tight restrictions, while others treat it with very fine constraints. Politics of law in each country determine such differences. Whenever judges tries to address the issue of separate law their tenure comes to end this is also the great problem of the current time.Why we do not have separate law is the lacuna and whenever the need of separate law comes forwards hate speech always takes form when discussion or the advocacy reaches to the level of incitement which would be hatful which was kicked in through Article 19(2). In India, hate speech laws still need to be codified and in the country the regulation of hate speech as a reasonable restriction on freedom of speech and expression is still a challenging aspect.

How will you distinguish Hate Speech from Hate Crime?

Hate crime is that which is partly motivated by the victim of some affiliated group, it could be race, gender, religion, sex and so on. The essence of the term Hate crime is the crime itself i.e. murder, intimidation. While comparing to the hate speech it do not need the effect of the deed and expression pertaining to hate speech leads to stimulating the agitation of enmity, curse, violence that could possibility leads to the hate speech. Thus, the difference lies that the Hate speech is the formal form of crime that does not need any form of effect of hate action whereas Hate Crime is considered to be the material crime in total.

On what basis would you justify the exigency of Hate Speech legislation in India?

    

In order to answer this question there is urgent need for the separate regulation because Our country has witnessed even burning cases as a result of hate speech and In India there were many instances of hate speech broadcasted by media too where one of the BJP Sansad and Younger brother of AssaduddinOwaisi is spreading hate speeches in front of the national television by invoking the religious and communal harm over each other. These are the instances which actually leading an urgent need of the separate legislation so that in the light of reasonable restriction to freedom of speech and expression, radical groups, communist groups and other orator could not incite the hatred against particular set of community or society. If separate legislation come into force then country will result large number of decline in the communal violence due to hate speech.

Why does religion prove to be the best ground to stimulate opportunities of Hate Speech and create threats to the society?

      

Hate speech card always playover a religion as in order to incite nay group on religious ground in very easy in the country like India. Misguiding the youngsters over particular religious sentiments and brainwashing is very easy as there were more powerful groups, peoples like AsaduddinOwaisi and many more who can incite hatred amongst people.

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