It is not only unfortunate but a dangerous trend that today, hate speech reflects the national political narrative especially from 2014 onwards and threatens to destroy the democratic foundation of India. According to a report, candidates with hate speeches have a higher chance of winning the election. In several of these states, hate speech has emerged as a concerning issue, particularly in the context of elections in poll-bound states. In the charged atmosphere leading up to elections, political speeches by several BJP leaders, including parliamentarians, often takes a polarising and even hateful turn. Hate speech is about divisive politics and has become a tool to threaten, create fear and divide society for electoral gain. The communal incendiaries of hate speeches have widened divisions within India’s multi-cultural society and pose serious challenges to the nation’s pluralism. The use of hateful and divisive language by high-ranking politicians has increased almost 500% in the past four years(2014-18), an NDTV data collection exercise had found. A total of 107 sitting MPs and MLAs have declared cases of hate speech against them, nearly 40% of them from the Bharatiya Janata Party (BJP), a new report has revealed. According to the report, 33 of the total 763 sitting MPs and 74 of the total 4,005 sitting MLAs whose self-sworn affidavits were analysed, have declared cases of hate speech. Among political parties, the BJP has the most number of MPs and MLAs with declared cases of hate speech. The report said that of the 33 sitting MPs who declared cases of hate speech, 22 are from the BJP. If leaders in power who have taken oath to safeguard and protect the constitution while discharging their duties for the citizens of the country, then which power on earth can ensure peace, communal harmony and safety for its own citizens? Even in extreme cases, a hate speech against a political opponent or party may seem to be going too far but when it is directed against any community, it is nothing but an incitement to cause harm. Ideally, one would have expected that the democratic institutions- both created by the constitution and State – would contain, if not stop, the onslaught of poisonous hate speech. It would be fair if the Supreme Court also take note of the manner in which the captive media in India has become a vehicle or a medium for hate speeches. These institutions have utterly failed either by their omission or commission. When the Supreme Court through a directive issued on April 28 this year on all states and union territories to register cases of hate speech without waiting for complaint to be filed, has come none too soon. The Supreme Court also warned that delay in registering hate speech would be treated as contempt of court. Article 19 gives all citizens the right to freedom of speech and expression but subject to “reasonable restrictions” for preserving inter alia “public order, decency or morality”. Section 153A of the Indian penal code prohibits citizens from creating disharmony or feelings of enmity, hatred or ill-will between different groups of people. The Supreme Court has taken a bold and right step to make it clear that hate speech is a crime and that this should be curbed to protect the victims and safeguard the rule of the constitution.
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