Skip to main content

BJP tops the list of "hate speech" MPs, MLAs by their own admission, even as Indian law fails to define term

By A Representative
An analysis of the self-sworn affidavits filed by sitting MPs and MLAs has revealed that the BJP has the largest number of MPs/MLAs -- 27 out of 58 -- with declared cases against themselves related to hate speech, as against Congress' just 2. Done by India's advocacy group Association for Democratic Reforms (ADR), in association with National Election Watch (NEW), the analysis suggests that there is an urgent need to have a deeper look into this aspect in order to strengthen democratic institutions.
Interestingly, the political party which is the remote second in the number of MPs and MLAs who have declared in their affidavits that cases relating to hate speech were filed against them is All India Majlis-E-Ittehadul Muslimeen, with 6 elected representatives. An equal number of MPs/MLAs of the Telengana Rashtra Samithi (TRS), 6, were found to have admitted hacing delivered hate speeches, followed by Telugu Dream Party 3 and Shiv Sena 3. This is followed by the Trinamool Congress 2, and Janata Dal (United) 2, and so on.
Even as giving these details, the ADR analysis quotes a Law Commission Report, No 267 of March 2017 on hate speech, saying that “hate speech” has not been defined in any law in India. "However, legal provisions in certain legislations prohibit select forms of speech as an exception to freedom of speech", the analysis notes.
It adds, "The term hate speech has been used invariably to mean expression which is abusive, insulting, intimidating, harassing or which incites violence, hatred or discrimination against groups identified by characteristics such as one’s race, religion, place of birth, residence, region, language, caste or community, sexual orientation or personal convictions."
According to ADR, "By giving tickets to candidates who have been charged with cases related to Hate speech especially promoting enmity between religious groups and for committing acts that are intended to outrage religious feelings, political parties have been in a way abetting circumstances that lead to events such as communal riots and violence between different groups of people."
According to the analysis, the Law Commission Report says hate speech comes under IPC Section 153A IPC, which penalises ‘promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony; and Section 153B IPC, which penalises ‘imputations, assertions prejudicial to national-integration’.
Then there is Section 295A IPC, which penalises ‘deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs’; Section 298 IPC which penalises ‘uttering, words, etc., with deliberate intent to wound the religious feelings of any person’; and Section 505(1) and (2) IPC, which penalises publication or circulation of any statement, rumour or report causing public mischief and enmity, hatred or ill-will between classes.
Further, there are provisions under the Representation of the People Act, 1951, says the ADR analysis. These ae Section 8, which disqualifies a person from contesting election if he/she is convicted for indulging in acts amounting to illegitimate use of freedom of speech and expression; Section 123(3A) and Section 125, which prohibitspromotion of enmity on grounds of religion, race, caste, community or language in connection with election as a corrupt electoral practice and prohibits it.
ADR believes, "Hate speech poses complex challenges to freedom of speech and expression. Hence, new provisions in IPC are required to be incorporated to address this issue. Amendments to the IPC, 1860 and the Code of Criminal Procedure, 1973 by adding new provisions on ‘Prohibiting incitement to hatred’ provocation of violence in certain cases’ following section 505 IPC, and accordingly amending the First Schedule of CrPC."
It adds, "Internet is an important tool for disseminating information and opinions; however, it also serves as a platform for disseminating unlawful speech. Political parties have been misusing the medium for unlawful statements. Hence, it is recommended that such unlawful statements on online platforms should be monitored and if the person found guilty, they should be penalised."
Asking political parties not to give tickets to the candidates who have declared serious criminal cases against themselves, the analysis says, "A total of 58 current MPs and MLAs have declared cases related to hate speech.Of these, 15 sitting Lok Sabha MPs have declared cases related to hate speech against themselves.
Providing party wise MPs with declared cases related to hate speech, the analysis says, of the 15, as many as 10 are sitting Lok Sabha MP from the BJP, none from other national parties, including Congress. Rest of them belong to regional parties, with each party having one MP each.
As for the sitting MLAs with declared cases related to hate speech, of the 43 who have declared cases related to hate speech against themselves 17 are from the BJP, and just 2 from the Congress.
State-wise MLAs with declared cases related to hate speech suggest that 11 are sitting MLAs from Telangana. 4 from Bihar, 9 from Uttar Pradesh, 4 from Maharashtra, 3 each from Andhra Pradesh and Karnataka, 2 each from Uttarakhand and West Bengal and 1 MLA each from Gujarat, Madhya Pradesh, Tamil Nadu, Rajasthan and Jharkhand.

Comments

TRENDING

From plagiarism to proxy exams: Galgotias and systemic failure in education

By Sandeep Pandey*   Shock is being expressed at Galgotias University being found presenting a Chinese-made robotic dog and a South Korean-made soccer-playing drone as its own creations at the recently held India AI Impact Summit 2026, a global event in New Delhi. Earlier, a UGC-listed journal had published a paper from the university titled “Corona Virus Killed by Sound Vibrations Produced by Thali or Ghanti: A Potential Hypothesis,” which became the subject of widespread ridicule. Following the robotic dog controversy coming to light, the university has withdrawn the paper. These incidents are symptoms of deeper problems afflicting the Indian education system in general. Galgotias merely bit off more than it could chew.

Covishield controversy: How India ignored a warning voice during the pandemic

Dr Amitav Banerjee, MD *  It is a matter of pride for us that a person of Indian origin, presently Director of National Institute of Health, USA, is poised to take over one of the most powerful roles in public health. Professor Jay Bhattacharya, an Indian origin physician and a health economist, from Stanford University, USA, will be assuming the appointment of acting head of the Centre for Disease Control and Prevention (CDC), USA. Bhattacharya would be leading two apex institutions in the field of public health which not only shape American health policies but act as bellwether globally.

The 'glass cliff' at Galgotias: How a university’s AI crisis became a gendered blame game

By Mohd. Ziyaullah Khan*  “She was not aware of the technical origins of the product and in her enthusiasm of being on camera, gave factually incorrect information.” These were the words used in the official press release by Galgotias University following the controversy at the AI Impact Summit in Delhi. The statement came across as defensive, petty, and deeply insensitive.

Farewell to Saleem Samad: A life devoted to fearless journalism

By Nava Thakuria*  Heartbreaking news arrived from Dhaka as the vibrant city lost one of its most active and committed citizens with the passing of journalist, author and progressive Bangladeshi national Saleem Samad. A gentleman who always had issues to discuss with anyone, anywhere and at any time, he passed away on 22 February 2026 while undergoing cancer treatment at Dhaka Medical College Hospital. He was 74. 

Growth without justice: The politics of wealth and the economics of hunger

By Vikas Meshram*  In modern history, few periods have displayed such a grotesque and contradictory picture of wealth as the present. On one side, a handful of individuals accumulate in a single year more wealth than the annual income of entire nations. On the other, nearly every fourth person in the world goes to bed hungry or half-fed.

From ancient wisdom to modern nationhood: The Indian story

By Syed Osman Sher  South of the Himalayas lies a triangular stretch of land, spreading about 2,000 miles in each direction—a world of rare magic. It has fired the imagination of wanderers, settlers, raiders, traders, conquerors, and colonizers. They entered this country bringing with them new ethnicities, cultures, customs, religions, and languages.

Thali, COVID and academic credibility: All about the 2020 'pseudoscientific' Galgotias paper

By Jag Jivan*    The first page image of the paper "Corona Virus Killed by Sound Vibrations Produced by Thali or Ghanti: A Potential Hypothesis" published in the Journal of Molecular Pharmaceuticals and Regulatory Affairs , Vol. 2, Issue 2 (2020), has gone viral on social media in the wake of the controversy surrounding a Chinese robot presented by the Galgotias University as its original product at the just-concluded AI summit in Delhi . The resurfacing of the 2020 publication, authored by  Dharmendra Kumar , Galgotias University, has reignited debate over academic standards and scientific credibility.

Conversion laws and national identity: A Jesuit response response to the Hindutva narrative

By Rajiv Shah  A recent book, " Luminous Footprints: The Christian Impact on India ", authored by two Jesuit scholars, Dr. Lancy Lobo and Dr. Denzil Fernandes , seeks to counter the current dominant narrative on Indian Christians , which equates evangelisation with conversion, and education, health and the social services provided by Christians as meant to lure -- even force -- vulnerable sections into Christianity.

Sergei Vasilyevich Gerasimov, the artist who survived Stalin's cultural purges

By Harsh Thakor*  Sergei Vasilyevich Gerasimov (September 14, 1885 – April 20, 1964) was a Soviet artist, professor, academician, and teacher. His work was posthumously awarded the Lenin Prize, the highest artistic honour of the USSR. His paintings traced the development of socialist realism in the visual arts while retaining qualities drawn from impressionism. Gerasimov reconciled a lyrical approach to nature with the demands of Soviet socialist ideology.