Implement Law Commission report to curtail Hate Speech: Ashwini Kumar Upadhyay moves PIL in Supreme Court

BJP leader Ashwini Kumar Upadhyay has moved a PIL in the Supreme Court seeking directions to the government to implement the Law Commission of India's 2017 recommendations on strengthening laws against hate speech..The PIL filed through Advocate Ashwani Kumar Dubey has raised concern that, ."The injury caused to the public is large because hate speech severely affects fraternity, dignity of individual, unity and national integration. Hate speech has potential of provoking individuals & society to commit acts of terrorism, genocides, ethnic cleansing etc. Offensive speech has real and devastating effects on people’s lives and risks their health and safety. It is harmful and divisive for communities and hampers social progress. Hate speech also offends fundamental rights guaranteed under Article 19 and 21.".The petitioner adds that, "Responsible speech is the essence of the liberty granted under article 21 of the Constitution.".In this context, it is pointed out that while the Law Commission had made recommendations to curtail hate speech back in March 2017, the government has not taken any action towards their implementation till date. .In its 267th report, the Law Commission had recommended that efforts to create hatred and fear should also be brought under the scope of hate speech. To this end, the Commission had proposed that a new section, 153C, be inserted in the Indian Penal Code in order to prohibit incitement to hatred. It was also recommended that a new Section 505A be inserted in the IPC to penalise causing fear, alarm, or provocation of violence in certain cases..The Commission had released the report following a reference made by the Supreme Court in the case of case of Pravasi Bhalai Sangathan v. Union of India. .Upadhyay has contended that hate speech has become a feature in political speeches since 1990 onwards - in Parliamentary election campaigns, the state-level, and even at the local-body level.."... it has been observed, particularly, since 1990 onwards that not only in Parliament and State Assembly Elections, even in local body elections; hate speech is made to support particular party and candidate, which is against the basic dictum of a ‘sovereign socialist secular democratic republic’ like ours."Ashwini Kumar Upadhyay.Upadhyay goes on to point out that there are various lacunae in the present laws when it comes to effectively tackling hate speech. Inter alia, it is pointed out in his plea that, ."... under Section 123 RPA, appeal on the grounds of religion, race, caste, community or language etc. and promotions of feelings of enmity between different classes constitute corrupt practice but same can be questioned only by way of election petition and the Election Commission of India cannot order the investigation even when Model Code of Conduct is in force.".In view of these concerns, Upadhyay has now called on the Supreme Court to intervene so that the recommendations made in the 267th Law Commission of India Report may be implemented by the government.. [Read the Petition]