The Union's Home Affairs Department has tasked the Criminal Law Reform Committee to explain what constitutes 'hate speech'. The panel that was originally set up to propose changes to the Indian Penal Code (IPC), will soon send the report to the department which will have a full definition of 'hate speech'.
A committee formed by the Department of Home Affairs may propose a different category of cases
According to the report, the committee could also recommend a separate section on “oral and verbal cases”.
The committee examines a wide range of topics related to changes in the IPC. Instead of temporary changes, it has been decided that all pending issues such as hate speech as recommended by the Viswanathan committee can be investigated and radical changes can be made, ”said a Home Affairs official.
The Viswanathan Committee proposes to incorporate Sections 153 C (b) and Section 505 A into the IPC for the purpose of promoting criminal justice on the basis of religion, race, national or social origin, gender, sexual orientation, sexual orientation, place of birth, residence, language, disability or nation. He proposed a penalty of up to two years and a fine of Rs 5,000.
The Department of Home Affairs has been urging to clarify 'hate speech' for a few years now
It is worth noting here that in early 2018, the Department of Home Affairs had asked the Law Commission to prepare a separate online "hate speech" law working on a committee report led by former Lok Sabha General Secretary TK Viswanathan who recommended strict rules. This committee was established after Section 66A of the Information Technology Act, 2000, which provided for the penalty of sending offensive messages on communications services that were overturned by the Supreme Court in 2015.
In 2019, the Department decided to re-evaluate parts of the IPC, which were developed in 1860 and the Code of Criminal Procedure (CrPC) after seeking proposals from States, Supreme Court, High Courts, Bar Council of India, Bar Councils of States, universities and legal entities in a complete amendment to criminal law.
However, so far there has been no clear definition of "hate speech" in the IPC. Without a broad definition, it is difficult for investigative agencies to identify and prosecute offenders. Therefore, the Criminal Law Reform Committee, formed by the Ministry of Home Affairs, is trying for the first time to explain that statement, reports The Hindu.
“Who will decide what to do with hate speech? Legally speaking, in order to apply Criminal Procedures, any such expression must lead to violence or disruption of law and order. "We will stop using the word 'hate speech' as it is a reserved word, simply criticizing someone is not hate speech," said Gs Bajpai, chairman of the Criminology Center at the National Law University (NLU), Delhi, a committee member, told The Hindu.
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