Planning Criminal Law Amendments To Deal With Hate Speech : Centre Tells Supreme Court

On Friday, the Supreme Court was informed that the Centre has plans to bring in a comprehensive legislative amendments to the criminal laws to deal with the issue of hate speech.

Additional Solicitor General KM Natraj revealed this development to a Bench of Justices KM Joseph and BV Nagarathna while it was hearing a batch of pleas seeking action against hate speech incidents.

The following were the broad category cases - the petitions filed against the 'UPSC Jihad' campaign by Sudarshan News TV, the petitions filed against the 'Corona jihad' campaign in the wake of the Tablighi Jamaat issue, the petitions filed against Dharam Sansad meetings where anti-Muslim statements were allegedly made, and petitions seeking broad guidelines to curb hate speech.

During the hearing, the Bench questioned the counsel about the progress of the process and what the amendment exactly aimed to change.

"You are saying amendment will be done and that existing provisions aer not enough...The law commission also suggested this.. when you bring that law, what are you trying to do?, the Bench asked.

“We are taking inputs from all stakeholders”, the ASG said while adding that the amendment would then go to the Parliament. The action of legislature can't be contemplated, he said.

Accordingly, the Bench's order recorded:

“ASG Natraj submits that the Union of India is pondering over steps to be taken to deal with problems which are the subject matter of these petitions, including legislation to tackle the same.”

The Bench then permitted Amicus Curiae Sanjay Hegde to he would place a draft of four-five pages in which he would mention the important aspects to be included in the draft legislation.

As the hearing progressed, the ASG informed that in the present legal scenario, the practice of self-regulation is being followed as far as media is concerned. The ASG also said that unless something serious happens which affects the national interest or security of the country, the Centre won't step in.

He further submitted that issues of hate speech cannot take the color of any religion. It has a there is a three-tier mechanism with a self-regulatory mechanism and independent bodies.

The matter will be heard next in February.

The 267th report of the Law Commission had suggested adding new provisions in the Indian Penal Code to prohibte incitement to hatred and provocation of violence.

The Commission opined that the hate speech generally is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like (sections 153A, 295A read with section 298 IPC). Thus, hate speech is any word written or spoken, signs, visible representations within the hearing or sight of a person with the intention to cause fear or alarm, or incitement to violence.

The Law Commission suggested that new provisions in IPC are required to be incorporated to address the issue.

“Keeping the necessity of amending the penal law, a draft amendment bill, namely, The Criminal Law (Amendment) Bill, 2017 suggesting insertion of new section 153C (Prohibiting incitement to hatred) and section 505A (Causing fear, alarm, or provocation of violence in certain cases) for consideration of the Government”, the report submitted in 2017 recommended.

It may be noted in March 2020, the Central Government had constituted a Criminal Law Reforms Committee to make suggestions to revise IPC, CrPC and the Indian Evidence Act 1872. The Committee was headed by Professor Dr Ranbir Singh, the then VC of National Law University Delhi and consisted of Professor Dr.GS Bajpai, the then Registrar of NLU-D, Professor Dr.Balraj Chauhan the VC of DNLU, Senior Advocate Mahesh Jethmalani and GP Thareja, former District and Sessions Judge, Delhi.

In October 2022, Union Home Minister Amit Shah had said that Government will soon introduce new draft bills for the Code of Criminal Procedure and the Indian Penal Code in the Parliament.

Also from the hearing - Hate-Speech | 'Offending Anchors Must Be Taken Off Air; Media Should Not Create Division' : Supreme Court

Case Number: WP(C) No. 943/2021 PIL