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Cracking Down on Hate Speech: Legal Actions and Impact in India

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Cracking Down on Hate Speech: Legal Actions and Impact in India

In the bustling city of Junagadh, Gujarat, tensions flared as Islamic preacher Maulana Mufti Salman Azhari was apprehended by state police for delivering an inflammatory speech. Azhari stands accused of making objectionable remarks against Hindus during a speech delivered on January 31 near the B Division Police Station in Junagadh.

Maulana Salman Azhari’s Arrest: Unraveling the Incident

The controversy sparked when Azhari addressed a gathering, stating, “There is a temporary silence, then there will be noise. Today is the time for dogs, tomorrow will be our era.” This statement drew the ire of Hindu organizations, leading to the filing of a case against Maulana Azhari and two organizers under sections 153B, 505(2), 188, and 114 of the Indian Penal Code (IPC). Following Azhari’s arrest, thousands of supporters staged a protest outside the Ghatakopar Police Station late at night.

Understanding Incendiary Speech: Legal and Social Ramifications

Incendiary speech, often referred to as hate speech, encompasses any form of expression that aims to stoke animosity or incite violence between two communities. While the right to freedom of expression is enshrined in the Indian Constitution under Article 19, it does not grant individuals the license to propagate hate or intolerance.

Boundaries of Freedom of Expression: Legal Framework

Under Article 19(2)(6) of the Indian Constitution, freedom of expression is not absolute but subject to certain restrictions. Expressions deemed provocative or likely to incite violence are not protected under the law.

Consequences of Hate Speech: Legal Ramifications

Individuals found guilty of hate speech face legal consequences under sections 153A, 153AA, and 505 of the IPC. These sections entail imprisonment or fines for up to three years, with enhanced penalties if the speech is delivered in a religious setting or assembly.

Rise in Hate Speech Incidents: Analyzing Trends

According to data from the National Crime Records Bureau (NCRB), incidents of hate speech based on religion, race, language, and place of birth surged by 45% in 2022 compared to the previous year. Uttar Pradesh, Rajasthan, and Maharashtra reported the highest number of cases, while Manipur, Sikkim, Arunachal Pradesh, and Telangana witnessed a significant rise in such offenses.

Political Leaders Under Scrutiny: Impact and Repercussions

A study conducted by the Association for Democratic Reforms (ADR) revealed that 33 Members of Parliament (MPs) and 74 legislators have been accused of hate speech. Notably, BJP leaders feature prominently on the list, followed by representatives from the Congress and Aam Aadmi Party (AAP).

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