Most of the hate speech in India against religious minorities: Supreme Court Justice AS Oka

Most hate speeches in India are against religious minorities or oppressed classes and are many times delivered by political leaders for electoral advantage, Supreme Court judge Justice AS Oka said on Friday. .He said that such speeches are often delivered to provoke the majority community to attack minorities and disturb social harmony. "There are instances in India where there is hate speech against religious minorities of India and where speeches are made to provoke the majority to attack the minorities...Most of the hate speeches in India are against religious minorities and oppressed classes. Keep aside the penal part where speech becomes offence. These speeches disturb social harmony. There may be political reasons also for hate speech and political leaders make them to gain advantage," he said.He said that while such speeches are offences under the Indian Penal Code and the Representation of People Act, the effective way to curb the same is my educating masses."In our preamble, the citizens are assured various freedoms and one is fraternity. Fraternity is important to preamble, to the constitution and if we are able to educate masses about fraternity, instances of hate speeches will go down. By educating masses, their minds can be strengthened," he said..Most of the hate speeches in India are against religious minorities and oppressed classes.Justice AS Oka.However, the judge also said that penalising hate speech should not be such that it ends up violating free speech.In this regard, he highlighted a recent judgment delivered by him in which he had said free speech cannot be judged based on the standards of a weak person and must on the basis of a courageous mind."Someone may say some hate speech is delivered. Just because some individuals think so, it doesn't become a hate speech. It cannot be based on individual perceptions and thereby you will end up violating freedom of speech and expression," he opined..Someone may say some hate speech is delivered. Just because some individuals think so, it doesn't become a hate speech.Justice AS Oka.The judge was speaking at Columbia Law School on the topic 'Hate Speech: Against Religious and Caste minorities'. .In his speech, Justice Oka underscored the importance of free speech and satire."If there is no free speech, stand up comedy, satire, then right to live with dignity will disappear. Courts have also sought to balance that free speech and expression is protected," he stated.The right to dissent and protest is one of the important facets of democracy, he emphasised."In democracy, dissent is also very important. It is necessary in every healthy democracy and there is right to protest also. Universities should allow students to protest if they are suffering from injustice and hate speech provisions cannot be used to suppress the same. Thus, Indian constitution which teaches us social harmony etc. Courts need to come down heavily on hate speeches which are offences but also protect free speech, expression and right to protest. This area will always have a scope to evolve and grow," he added..[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.