Freedom Of Speech And Expression V. Hate Speech: Analysing On The Basis Of Criminal Laws In India
- IJLLR Journal
- 1 day ago
- 1 min read
Joseph T. Koottakkara, LLM, Christ (Deemed to be University), Lavasa, Pune
ABSTRACT
The Indian Constitution guarantees freedom of speech under Article 19(1)(a), this right is not absolute and is subject to reasonable restrictions. These reasonable restrictions are outlined in Article 19(2). In the current legal framework Sections 153A and 295A of the Indian Penal code lacks a comprehensive definition or specific statute. Absence of clear legal standards complicates enforcement and raises concerns regarding potential misuse or arbitrary application, especially during politically sensitive periods. 1
There must be careful delineation to avoid infringement upon civil liberties. The amendments in Bharatiya Nyaya Sanhita (BNS) address the gaps, but it also raises questions about vagueness and potential for misuse. This research will analyse these gaps and will suggest possible solutions.
Through this research the researcher aims to contribute to the study of how India can navigate the complexities of free expression and societal harmony in a diverse environment.1
Keywords: Hate speech, Fundamental rights, Freedom of Speech and expression, Indian Penal Code (IPC), Bharatya Nyaya Sanhita (BNS)
