Hate Speech & Blasphemy

In News

• There isn’t formal legislation against blasphemy. 
  • The closest equivalent to a blasphemy law is the section in IPC relating to Hate speech.

More about blasphemy

• Meaning:
  • It is an insult that shows contempt, disrespect or lack of reverence concerning a deity, an object considered sacred or something considered inviolable.
• Legal Provisions relating to Blasphemy:
  • Sections 295 and 295A of the IPC: 
    • Involves imprisonment in the case, which involves destruction, damage to or defiling of a “place of worship”, or “any object held sacred”.
    • It is a cognizable offence, which means that the police are authorised to arrest accused persons without the need of a judicially sanctioned warrant. 
      • This law was added only in 1927.
    • It is often argued that Section 295A is not a section for blasphemy but a section against Hate Speech.
  • Other Acts of IPC: 
    • Sections 124A, 153A, 153B, 292, and 293 of IPC also related to blasphemy
    • These sections prohibit any words or representations that insult any individual’s or group’s religious beliefs, or that are meant to incite enmity against a particular religion.
  • Constitutional Rights:
    • The word secular in the preamble of the Constitution, makes it very clear that India is a secular country and is not biased towards any particular religion.
    • If the state abridged an Indian of his right to religion then he may move to the apex court under Article 32.

Issues

• NCRB Data:
  • As per the data given by the National Crime Records Bureau(NCRB), there has been a huge increase in cases registered promoting hate speech and fostering animosity in society.
• Bogus cases:
  • Bogus cases of 295(A) have been launched on certain web series like Tandav, which reportedly offended religious emotions.
  • According to the filed FIR, the series purportedly presents Hindu gods in a demeaning manner.
  • There have also been incidents where citizens performing stand-up comedy have been arrested only because they had religious references in their script.
• Defining hate speech:
  • These cases show how regulations don’t draw a line between criticism and premeditated hate speech. 
  • Failing to articulate these distinctions diminishes fair use of the Section and makes it more difficult to define and penalise the actual crime of hate speech.

Way ahead in dealing with the incidents of blasphemy

• Blasphemy laws that prohibit religious criticism, in general, are incompatible with the principles of a democratic society. 
• In a free and democratic society, there should be no screening of discourse and dissent. 
• The only feasible solution that stands on the thin line of protection of faith and questioning hate speech should be keeping blasphemy in the statutes but de-criminalising it.

Source: TH