PIL filed in SC seeking implementation of Law Commission's report on hate speech

On Thursday, Advocate Ashwini Upadhyay filed a Public Interest Litigation (PIL) in Apex Court seeking its immediate direction to implement the Law Commission's report on alleged hate & inflammatory speech.

In 2017, the Law Commission had defined hate & inflammatory speech & suggested to add Section 153-C & 505-A of the Indian Penal Code (IPC) & Criminal Procedure Code (CrPC), on the direction of the apex court, Upadhyay's petition stated.

The plea said that "Keeping in view the dreadful effects of hate speech on the dignity of an individual, fraternity, unity & national integration, the top court should order or issue a direction to the Centre, to take appropriate steps to implement the recommendations of Law Commission report".

It added that "Under Section 123 of the Representation of the People Act, an appeal on the grounds of religion, race, caste, community or language, & promotions of feelings of enmity between different classes constitute corrupt practice. The same can be questioned only by way of an election petition & the Election Commission cannot order the investigation even when the Model Code of Conduct (MCC) is in force".

As there is no provision to challenge the corrupt practice of candidates, who lost the election. Thus, the appeal on the grounds of religion, race, caste, community or language & promotions of feelings of enmity between different classes can't be questioned even by way of an election petition, Upadhayay said in the plea.

The plea stated that "It has been observed that since 1990, not only in parliamentary elections, but in state assembly elections, hate speech is made to support particular party & candidate, which is against the basic dictum of a sovereign socialist secular democratic republic like ours".

"The hate speech has the potential of provoking individuals to commit acts of terrorism, genocides & ethnic cleansing," it added.

Advocate Ashwini Upadhyay said that such hate speeches are considered outside the realm of protective discourse.

The plea further said that "Offensive speech has real & devastating effects on people's lives & risks their health & safety. It is harmful to communities & hampers social progress".

Earlier on Wednesday, Upadhyay said that 'hate speech, paid news & fake news' were 'three menaces' to the country.

Advocate Ashwini Upadhyay had also said that the Law Commission's report was pending since 2017.

He tweeted, "It's high time to define hate speech, paid news & fake news & enact strict laws to curtail these three menaces of our country. Law Commission Report No 267 on Hate Speech is pending since 2017".

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