New Delhi: Demand by the Chairperson of the Standing Parliament Committee in Anand Sharma’s domestic affairs to the Minister of Home Affairs Amit Shah for Amendments to the Criminal Code and Indian Criminal Procedure Only Overcoming Hatred Speech Only Begging Recommendations carried out by the Indian Law Commission in 2017.
The Law Commission, which is headed by Justice BS Chauhan, has studied the laws in India and the international legal regime to handle hatred speech, and suggest the insertion of the new 153C section in IPC to ban the desire for hatred and also part 505a.
Fear, alarm or provocation of violence in certain cases.
The prison term is up to 1-2 years and RS 5,000 fine is proposed for violations of speech hatred covered by two new provisions.
It is also searching for amendments that match the first schedule of CRPC to commit violations under the section proposed 153C can be searched and cannot be responded to, and that below the 505A section can be punished and suspected.
The Law Commission, after many deliberations on how to curb hatred speech without reducing freedom of someone, proposed a definition of hatred speech as any word written or spoken, signs, representations seen in hearing or a person’s view with the intention to cause fear or alarm, or incitement for violence.
“Hate speeches are generally incitement for hatred, especially towards a group of people defined in terms of race, ethnicity, gender, sexual orientation, religious beliefs and the like,” he added.
OP Singh, the former DGP above, agreed that there was a need for more stringent provisions in the law to control hatred speeches, which have grown over the past two years, more than polls, and causing hostilities between different communities.
“But what is also needed is the will of the government and strict action by local authorities to curb speeches in accordance with legal provisions.
There may be an instance and legal allegations of the speech of hatred that are misused to expel false cases,” he told TII.
The new 505a section is also proposed in the IPC which states that anyone who uses words, signs or representations that are seen very threatening or insulting and those that cause fear or alarm or intend to provoke the use of violating the law, must be sentenced to one year.
Jail terms and / or fine to RS 5,000.