Hate Speech Laws In India

The hate speech laws in India aim to prevent discord among its many ethnic and religious communities. The laws allow a citizen to seek the punishment of anyone who shows the citizen disrespect "on grounds of religion, race, place of birth, residence, language, caste or any other ground whatsoever".

The Constitution

The Constitution of India does not provide for a state religion. Article 25(1) states, "Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion". Article 19 gives all citizens the right to freedom of speech and expression but subject to "reasonable restrictions" for preserving ''inter alia'' "public order, decency or morality". Article 28 prohibits any religious instruction in any educational institution wholly maintained out of state funds.

Laws restricting the freedom of expression

India prohibits hate speech by several sections of the Indian Penal Code, the Code of Criminal Procedure, and by other laws which put limitations on the freedom of expression. Section 95 of the Code of Criminal Procedure gives the government the right to declare certain publications “forfeited” if the “publication ... appears to the State Government to contain any matter the publication of which is punishable under Section 124A or Section 153A or Section 153B or Section 292 or Section 293 or Section 295A of the Indian Penal Code”.

Section 153(A)

Section 153A of the Indian penal code says, ''inter alia'':

:Whoever (a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or (b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, . . . shall be punished with imprisonment which may extend to three years, or with fine, or with both.

Section 295(A)

Section 295(A) of the Indian Penal Code (IPC) enacted in 1927 says:
:Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of itizens of India y words, either spoken or written, or by signs or by visible representations or otherwise insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to hree years or with fine, or with both.

;Legislative history of Section 295(A):
A book, '' Rangila Rasul'', was published in 1927. The book concerned the marriages and sex life of Muhammad. On the basis of a complaint, the publisher was arrested but later acquitted in April 1929 because there was no law against insult to religion. The publisher was murdered in Court by Ilm-ud-din. As a result, Ilm-ud-din was honored with the honorifics 'Ghazi' and 'Shaheed'. As the book did not cause enmity or hatred between different religious communities, it didn't violate Section 153(A). The Indian Muslim community demanded a law against insult to religious feelings. Hence, the British Government enacted Section 295(A). The Select Committee before enactment of the law, stated in its report that the purpose was to punish persons who indulge in wanton vilification or attacks upon other religions or their religious figures. It however added that a writer might insult a religion to facilitate social reform by grabbing attention. Therefore, it recommended that the words ''with deliberate and malicious intention'' be inserted in the Section.

Case List

Accused arrested or censored, Court Verdict Guilty

In 1957, Supreme Court upheld decision of lower court. Lower court found publisher Ramji Lal Modi guilty of publishing a cartoon and article which insults religious beliefs of Muslims. He was sentenced to 12 months imprisonment and fined under IPC 295A. Petitioner argued that IPC 295A violated freedom of speech and expression guaranteed under Article 19 (1)(A) of the Constitution and offense of insulting religious beliefs can be committed if there is no danger of public disorder.

In 1961, Supreme court found Henry Rodrigues guilty of insulting religious beliefs of the Roman Catholics, and acting with a malicious intention in publishing and printing the same in 'Crusader' magazine. The defendant, who was a Roman Catholic, stated that he had criticized certain practices and beliefs of the Roman Catholic Church, which were contrary to what had been stated in the Holy Bible. He further stated that similar views have been expressed in many other well-known work. He was sentenced to pay a fine of Rs. 200/-and in default of payment of fine, to undergo simple imprisonment for one month.

In 1960, the Supreme Court upheld a decision of Uttar Pradesh government to forfeit all six books written by Baba Khalil Ahamad because it contained derogatory reference to Muawiya, who was governor of Syria and contemporary of Mohammad, which outrages the religious feelings of Sunni Muslim community.

In 1984, Supreme court uphold decision of Bihar government to forfeit all the copies of book 'Vishwa Itihas (Pratham Bhag)' on the ground that it contained derogatory reference to Mohammad which outraged the religious feelings of the Muslim community. The petitioner, who is publisher, argued that author has relied on the authoritative historical works like the "Outline of History" by RG., Wells, the "Muhamad at Madina" by W.M.G. Watt and the "Middle East" by S.N. Fisher etc. In discussing the Muhammadan religion he had used his dispassionate expertise as a teacher of history and in fact had praised Mohammad when there was occasion to do so.

In 2007, R.V. Bhasin's ''Islam - A Concept of Political World Invasion by Muslims'' was banned, and house raided, in Maharashtra on grounds that it outrages the feelings of Muslim section of society. In January 2010, the Bombay High upholds the ban imposed by the Government of Maharashtra.

In October 2022, a court in Uttar Pradesh (UP) found Samajwadi Party leader Azam Khan guilty of hate speech for his comments against UP Chief Minister Yogi Adityanath in 2019. Khan was charged for a provocative speech against Adityanath and IAS officer Aunjaneya Kumar Singh, then District magistrate.

Accused arrested or censored, Court Verdict unknown or not-guilty

In 1932, some Muslim clerics denounced a young woman physician named Rashid Jahan, and threatened her with disfigurement and death. She and three others had published a collection of Urdu

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