Hate speech laws in India
Encyclopedia
The Constitution of India
and its hate speech laws 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 community or any other ground whatsoever". The laws specifically forbid anyone from outraging someone's "religious feelings". The laws allow authorities to prohibit any means of expression which someone finds insulting.
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 153A of the penal code says, inter alia:
Enacted in 1927, section 295A says:
and Anand Sinha, the editor and the publisher respectively of the Kolkata-based English daily The Statesman
. The police charged Kumar and Sinha under section 295A because they had reprinted an article from The Independent
by its columnist Johann Hari
. Titled "Why should I respect oppressive religions?", the article stated Hari's belief that the right to criticise any religion was being eroded around the world. Muslim protestors in Kolkata reacted to Hari's belief by violent demonstrations at the offices of The Statesman.
In September or October 2007, the police in Pune
arrested four Bangalore
-based software-engineers for posting on the Internet an obscene profile of Chhatrapati Shivaji, a sixteenth-century Maratha
warrior king, clad in female underwear.
On 20 June 2007, a court in the Punjab
issued non-bailable arrest warrants against Gurmit Ram Rahim Singh, a chief of the Dera Sacha Sauda
sect, for hurting the religious sentiments of the Sikh
community. The hurting was the result of Singh's dressing like Guru Gobind Singh
.
In May 2007, a Buddhist group in Maharashtra's Amaravati district said their religious sentiments were hurt, and filed a complaint against Rakhi Sawant
, an actress, because she posed in a bathtub against a statue of Lord Buddha.
In 2007, the authorities charged ninety-one-year-old Maqbool Fida Husain with hurting religious sentiments by painting Mother India as a naked woman.
In December 2006, a complaint was filed against cricket
er Ravi Shastri
for hurting the religious feelings of Hindus by his allegedly eating beef during a Test match in Johannesburg.
On 2 August 2006, two religious groups in Ahmedabad
complained to the police that their religious sentiments were hurt because a garment-maker had printed text from the Hindu
and Jain religions on clothing. The police filed the complaint as a matter under section 295.
In 1933, the police arrested Dr. D'Avoine under section 295A for publishing his article "Religion and Morality" in the September 1933 issue of the magazine Reason. The trial judge found that the article's purpose was consistent with the purpose of the magazine, namely, "to combat all religious and social beliefs and customs that cannot stand the test of reason and to endeavor to create a scientific and tolerant mentality among the masses of the country". The trial judge Sir H. P. Dastur found that the article had no malicious intent and did not constitute a violation of section 295A.
In 1932, some 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
short stories called Angarey in which they had robustly criticized obscurantist customs in their own community and the sexual hypocrisies of some feudal landowners and men of religion. Under section 295A, the authorities banned the book and confiscated all copies.
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
and its hate speech laws 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 community or any other ground whatsoever". The laws specifically forbid anyone from outraging someone's "religious feelings". The laws allow authorities to prohibit any means of expression which someone finds insulting.
The Constitution
The Constitution of India does not provide for a state religion. Section 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". Section 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". Section 28 prohibits any religious instruction in any educational institution wholly maintained out of state funds. Section 51A(h) imposes on every citizen the duty to develop the scientific temper, humanism and the spirit of inquiry and reform.Laws restricting the freedom of expression
India prohibits hate speechHate speech
Hate speech is, outside the law, any communication that disparages a person or a group on the basis of some characteristic such as race, color, ethnicity, gender, sexual orientation, nationality, religion, or other characteristic....
by several sections of the Indian Penal Code
Indian Penal Code
Indian Penal Code is the main criminal code of India. It is a comprehensive code, intended to cover all substantive aspects of criminal law. It was drafted in 1860 and came into force in colonial India during the British Raj in 1862...
, 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 153A of the 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 tranquility, . . . shall be punished with imprisonment which may extend to three years, or with fine, or with both.
Enacted in 1927, section 295A says:
- Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of [citizens of India], [by 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 [three years], or with fine, or with both.
Selected cases
In February 2009, the police filed a complaint against Ravindra KumarRavindra Kumar (Editor)
Ravindra Kumar is Editor and Managing Director of The Statesman, one of India's best-known and oldest newspapers. He writes on Indian politics and on South-Asian and South-east Asian affairs. Born in New Delhi, India on 24 July 1960, He was a Director of United News of India, a leading Indian news...
and Anand Sinha, the editor and the publisher respectively of the Kolkata-based English daily The Statesman
The Statesman
The Statesman is an Indian English-language broadsheet daily newspaper founded in 1875 and published simultaneously in Kolkata, New Delhi, Siliguri and Bhubaneswar. The Statesman is owned by The Statesman Ltd., its headquarters at Statesman House, Chowringhee Square, Calcutta and its national...
. The police charged Kumar and Sinha under section 295A because they had reprinted an article from The Independent
The Independent
The Independent is a British national morning newspaper published in London by Independent Print Limited, owned by Alexander Lebedev since 2010. It is nicknamed the Indy, while the Sunday edition, The Independent on Sunday, is the Sindy. Launched in 1986, it is one of the youngest UK national daily...
by its columnist Johann Hari
Johann Hari
Johann Hari is an award winning British journalist who has been a columnist at The Independent, the The Huffington Post, and contributed to several other publications. In 2011, Hari was accused of plagiarism; he subsequently was suspended from The Independent and surrendered his 2008 Orwell Prize...
. Titled "Why should I respect oppressive religions?", the article stated Hari's belief that the right to criticise any religion was being eroded around the world. Muslim protestors in Kolkata reacted to Hari's belief by violent demonstrations at the offices of The Statesman.
In September or October 2007, the police in Pune
Pune
Pune , is the eighth largest metropolis in India, the second largest in the state of Maharashtra after Mumbai, and the largest city in the Western Ghats. Once the centre of power of the Maratha Empire, it is situated 560 metres above sea level on the Deccan plateau at the confluence of the Mula ...
arrested four Bangalore
Bangalore
Bengaluru , formerly called Bengaluru is the capital of the Indian state of Karnataka. Bangalore is nicknamed the Garden City and was once called a pensioner's paradise. Located on the Deccan Plateau in the south-eastern part of Karnataka, Bangalore is India's third most populous city and...
-based software-engineers for posting on the Internet an obscene profile of Chhatrapati Shivaji, a sixteenth-century Maratha
Maratha
The Maratha are an Indian caste, predominantly in the state of Maharashtra. The term Marāthā has three related usages: within the Marathi speaking region it describes the dominant Maratha caste; outside Maharashtra it can refer to the entire regional population of Marathi-speaking people;...
warrior king, clad in female underwear.
On 20 June 2007, a court in the Punjab
Punjab (India)
Punjab ) is a state in the northwest of the Republic of India, forming part of the larger Punjab region. The state is bordered by the Indian states of Himachal Pradesh to the east, Haryana to the south and southeast and Rajasthan to the southwest as well as the Pakistani province of Punjab to the...
issued non-bailable arrest warrants against Gurmit Ram Rahim Singh, a chief of the Dera Sacha Sauda
Dera Sacha Sauda
Dera Sacha Sauda colloquially DSS) is a non-profit spiritual organization based in Sirsa, Haryana, India. The Dera Sacha Sauda was established by Shah Mastana Ji from Baluchistan in 1948, as a center for spiritual learning....
sect, for hurting the religious sentiments of the Sikh
Sikh
A Sikh is a follower of Sikhism. It primarily originated in the 15th century in the Punjab region of South Asia. The term "Sikh" has its origin in Sanskrit term शिष्य , meaning "disciple, student" or शिक्ष , meaning "instruction"...
community. The hurting was the result of Singh's dressing like Guru Gobind Singh
Guru Gobind Singh
Guru Gobind Singh is the tenth and last Sikh guru in a sacred lineage of ten Sikh gurus. Born in Patna, Bihar in India, he was also a warrior, poet and philosopher. He succeeded his father Guru Tegh Bahadur as the leader of Sikhs at a young age of nine...
.
In May 2007, a Buddhist group in Maharashtra's Amaravati district said their religious sentiments were hurt, and filed a complaint against Rakhi Sawant
Rakhi sawant
Rakhi Sawant is an Indian dancer, Hindi film and television actress, model and television talk show host.She was born as Neeru Bheda to Jaya Bheda, who married Sawant, a police constable at Worli Police Station, and gave her children her second husband's name Sawant...
, an actress, because she posed in a bathtub against a statue of Lord Buddha.
In 2007, the authorities charged ninety-one-year-old Maqbool Fida Husain with hurting religious sentiments by painting Mother India as a naked woman.
In December 2006, a complaint was filed against cricket
Cricket
Cricket is a bat-and-ball game played between two teams of 11 players on an oval-shaped field, at the centre of which is a rectangular 22-yard long pitch. One team bats, trying to score as many runs as possible while the other team bowls and fields, trying to dismiss the batsmen and thus limit the...
er Ravi Shastri
Ravi Shastri
Ravishankar Jayadritha Shastri is a former Indian cricketer and captain. He was an all–rounder who batted right-handed and bowled left arm spin. His international career started when he was 18 years old and lasted for 12 years...
for hurting the religious feelings of Hindus by his allegedly eating beef during a Test match in Johannesburg.
On 2 August 2006, two religious groups in Ahmedabad
Ahmedabad
Ahmedabad also known as Karnavati is the largest city in Gujarat, India. It is the former capital of Gujarat and is also the judicial capital of Gujarat as the Gujarat High Court has its seat in Ahmedabad...
complained to the police that their religious sentiments were hurt because a garment-maker had printed text from the Hindu
Hindu
Hindu refers to an identity associated with the philosophical, religious and cultural systems that are indigenous to the Indian subcontinent. As used in the Constitution of India, the word "Hindu" is also attributed to all persons professing any Indian religion...
and Jain religions on clothing. The police filed the complaint as a matter under section 295.
In 1933, the police arrested Dr. D'Avoine under section 295A for publishing his article "Religion and Morality" in the September 1933 issue of the magazine Reason. The trial judge found that the article's purpose was consistent with the purpose of the magazine, namely, "to combat all religious and social beliefs and customs that cannot stand the test of reason and to endeavor to create a scientific and tolerant mentality among the masses of the country". The trial judge Sir H. P. Dastur found that the article had no malicious intent and did not constitute a violation of section 295A.
In 1932, some clerics denounced a young woman physician named Rashid Jahan
Rashid Jahan
Rashid Jahan was an Indian writer who inaugurated a new era of Urdu literature written by women. She wrote short-stories and plays and is perhaps best remembered for her involvement with the explosive Angarey , a collection of groundbreaking and unconventional short stories written by young...
, and threatened her with disfigurement and death. She and three others had published a collection of Urdu
Urdu
Urdu is a register of the Hindustani language that is identified with Muslims in South Asia. It belongs to the Indo-European family. Urdu is the national language and lingua franca of Pakistan. It is also widely spoken in some regions of India, where it is one of the 22 scheduled languages and an...
short stories called Angarey in which they had robustly criticized obscurantist customs in their own community and the sexual hypocrisies of some feudal landowners and men of religion. Under section 295A, the authorities banned the book and confiscated all copies.
See also
- Sardarji jokesSardarji jokesSardarji jokes are a class of jokes based on stereotypes of Sikhs . Although jokes about several ethnic stereotypes are common in India, the Sardarji jokes are one of the most popular and widely circulated ethnic jokes in India...
- Freedom of religion in India
- Hate speech laws in AustraliaHate speech laws in AustraliaThe hate speech laws in Australia give redress to someone who is the victim of discrimination, vilification, or injury on grounds that differ from one jurisdiction to another. All Australian jurisdictions give redress when a person is victimised on account of race...
- Hate speech laws in CanadaHate speech laws in CanadaHate speech laws in Canada include provisions in the Criminal Code of Canada, provisions in the Human Rights Act and in other federal legislation, and statutory provisions in each of Canada's ten provinces and three territories...