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 Our 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

Tracing roots of Hindutva Zionism: cannon fodder for 'warped' nationalist pretensions

By Shamsul Islam*  Those who believe in a world free of hegemonic ethno-nationalism, racism, religious bigotry and hatred have rightly taken note of Zionism and its ally Christian Zionism, major perpetrators of ethnic cleansing of ‘Others’. However, the civilized world with its core belief in multi-culturalism and peaceful co-existence is oblivious to a no less dangerous threat to the present human civilization: the Hindutva Zionism. As the term reads it is part of the Hindutva world-view which stands for an exclusive Hindu India minus Muslims and Christians. The other religions like Sikhism, Buddhism, and Jainism will have no independent status but treated as part of Hinduism. The Rashtriya Swayamsevak Sangh (RSS; National Volunteer Organization) is the most prominent flag-bearer of the Hindutva politics whose cadres presently rule India, the largest democracy in the world. RSS was founded by Keshav Baliram Hedgewar (1889-1940) in 1925 who was disillusioned with the Indian freedom st

Regional parties, anti-Congress progressives, civil society groups 'joining' Bharat Jodo

By Harshavardhan Purandare, Sandeep Pandey*  The Congress party declared Bharat Chhodo (Quit India) movement against the British regime in 1942. The Congress party has now launched a movement Bharat Jodo (Connecting and Uniting India) against the Modi regime in 2022. Indian people have had a journey of 80 years since Mahatma Gandhi gave that Quit India call to the British and we have to agree that we stand most divided in our modern history when Rahul Gandhi is giving this Bharat Jodo call to the nation. And back then, Congress was a thriving idealistic political movement against the British rulers and now it is an ever weakening political organization electorally defeated several times. However, it is India at stake, not just the Congress party. That is why so many regional political parties, civil society organizations, traditional anti-Congress progressive forces like socialists and communists, intellectuals and civil servants have declared their support and are proactively partici

Shocking? No Covid vaccine trials conducted on pregnant, lactating women: RTI reply

By Rosamma Thomas*  A Right to Information applicant who sought details of safety trials conducted in India on pregnant and lactating women for three Covid vaccines in use in India – Covishield, Covaxin and ZyCov-D -- was shocked to learn from the Central Drugs Standard Control Organization (CDSCO) that Serum Institute, manufacturer of Covishield, and Cadila Healthcare, manufacturer of the ZyCov-D vaccine, had not sought permission for such trials.  Bharat Biotech, manufacturer of Covaxin, had sought permission for trial on pregnant women and later withdrawn its application. This response , provided after the applicant was initially unsatisfied with the response and went in appeal, is from the joint drugs controller, CDSCO. It was dated September 13, 2022. One researcher closely following the vaccine rollout, however, is of the opinion that the lack of a trial on pregnant and lactating women is a blessing; potential trial participants and their unborn babies thus escaped harm. Aruna Ro

'Blatant violation' of law by Central government in making NREGA payments

By Our Representative  In September third week, NREGA workers across the country were mobilised for two day so raise their issues and submit a memorandum to the Prime Minister. Organised the NREGA Sangharsh Morcha (NSM), a collective of groups that work with NREGA labourers across the country, workers from 13 states -- Andhra Pradesh, Bihar, Chhattisgarh, Gujarat, Haryana, Jharkhand, Karnataka, Madhya Pradesh, Odisha, Rajasthan, Telangana, Uttar Pradesh and West Bengal -- carried out Kaam Do Abhiyaan, staging demonstrations and rallies against what they called blatant violation of law by the Central government in making NREGA payments. While NREGA has had very positive impacts, it has lately become fruitless, exploiting labour, even though workers who have put in honest hard work have to wait for their wages endlessly, it was suggested.  In such a situation, there is a need to firm up NREGA implementation and end systematic corruption to ensure that workers get their basic NREGA entit

Grave error? Scholar blames ex-Gujarat babu for anti-Christian riots 'citing fake report'

By Rajiv Shah  A few days back, I received a message from one of the finest former Gujarat government bureaucrats, PG Ramrakhiani, a 1964 batch IAS official, who retired in November 2000. I would often interact with him in 1997-99, even later, after I was sent to Gandhinagar as a Times of India man to cover Sachivalaya. Those were turbulent times. Shankarsinh Vaghela was the Gujarat chief minister, under attack from two sides – from the BJP, which he had left to form a separate breakaway party, Rashtriya Janata Party (RJP), one one hand, and the Congress, which was supporting him from outside, on the other. Ramrakhiani, in his message, referred to the book authored by Ghanshyam Shah and Jan Breman, both top-notch scholars who have known Gujarat in and out. Called “Gujarat, Cradle and Harbinger of Identity Politics: India’s Injurious Frame of Communalism”, I reviewed the book in January 2022.  It claims that Muslims in Gujarat have been turned into “new untouchables”, thanks to the Hin

Rajasthan cops 'halt' Gujarat Dalit women's rally: homage to untouchability victim boy

By Our Representative  In a surprise move, the Rajasthan police stopped a Dalit women's rally from Gujarat on the borders after it crossed Gujarat alleging that it would "disturb peace" in village Surana, Jalore district, where the gruesome incident of death of a Dalit boy took place on August 13 after he was brutally beaten up by his teacher on touching the drinking water pot. Sources said, while the Gujarat government had "no objection" in allowing the rally, which originated from the Dalit Shakti Kendra (DSK), an empowerment-cut-technical institute for teens founded by human rights leader Martin Macwan, on September 24 morning, the Rajasthan police stopped it for two and a half hours before allowing it to proceed to Surana. The decision to take out a women's rally was taken at a DSK meeting on September 5 following a condolence meeting of the NGO Navsarjan Trust, also founded by Macwan, activists committed to work against caste-based discrimination, orga

Excess to cheetah in Kuno to increase 'woes' of local people, 'disturb' wildlife balance

Bharat Dogra*  The release of eight cheetahs into the Kuno National Park ( Madhya Pradesh) by Prime Minister Narendra Modi on September 17, although accompanied by a media blitz, has raised several questions. The animals were flown from Namibia to Gwalior and from there they were taken to the release site in a helicopter. Official sources have stated that this is the first time a large carnivorous species has been moved across continents for establishing a new population. This first release will be followed by others under this project. However, precisely for this reason, it is important to be cautious because if such translocations have been generally avoided in the past, there may have been reasons for this and at the same time we do not have much learning experiences from the past. The Cheetah became extinct in India in 1952, although this very fast moving animal is still remembered in the folklore of many areas. Hence the first impulse is to say that trying to introduce and revive

Introducing non-native cheetahs is 'not equivalent' to restoring pride in the nation

By Bappaditya Mukhopadhyay*  The Cheetahs from the African continent has finally been introduced to India by the Indian Prime Minister on his 72nd birthday. The process had started with the previous Government in 2009. However, the Supreme Court clearance was pending owing to the objection by the National Tiger Conservation Authority (NTCA) plea to reintroduce cheetahs. Finally the clearance was obtained in January 2020 and thereafter Kuno National Park (KNP) was chosen for the reintroduction of first set of Southeast African Cheetahs. In the near future, depending upon the success story of the current reintroduction, more cheetahs from South Africa may also be introduced. This exercise has generated a lot of interest among various stakeholders with opinions on both sides galore. It is important to pose some questions that surround the whole exercise. Let us evaluate some of these arguments. The first set of arguments are quite detached from the issues of conservation as they most

'Military diplomacy': US praises Bangladesh Army for leadership role in UN operations

By Kamal Uddin Mazumder* As the Indo-Pacific region represents the world’s economic and strategic center of gravity, the Indian Ocean today is becoming the centerpiece of all geo-strategic play. Cooperation in the region is crucial to implementing the international community’s global agenda, including achieving the UN’s Sustainable Development Goals. Major powers like the US have enhanced and deepened their strategic engagement and leadership roles with countries in the region. The Indo-Pacific Army Management Seminar, or IPAMS, is a U.S. Army Pacific (USARPAC) initiated conference that is aimed at facilitating and enhancing interactions among the armies of the Indo-Pacific region. This year's 46th Indo-Pacific Armies Management Seminar (IPAMS)-2022, co-hosted by the Bangladesh Army and US Army Pacific (USARPAC), concluded in Dhaka. The objective of IPAMS is to promote peace and stability in the region through mutual understanding, dialogue, and friendship. It is the largest confer

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".