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

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Union budget 'mum' on relief to marginalised communities facing climate change impact

Counterview Desk  ActionAid, an international advocacy group which claims to work for a world without poverty, patriarchy and injustice, has wondered if the Union budget 2023-24, which is being acclaimed for providing succour to the middle classes, has anything to offer to the India's poor. In a statement, it said, while the budget may have "prioritised inclusive development", the financial outlay for ensuring it "does not show the zeal as hoped." Stating that the Finance Minister said Rs 35,000 crore revenue would have to be "forgone" due to a reduction in personal income taxes, "fiscal prudence is not enough to expand public employment, social security, welfare, education and health expenditures considerably." "The need of the hour is to raise revenues through the reduction of revenues forgone and innovative mechanisms such as wealth tax on super accumulation of wealth", it added. Text: The Union Budget 2023 has given significant

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

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".

Why no information with Assam state agency about female rhino poaching for a year?

By Nava Thakuria   According to official claims, incidents of poaching related to rhinoceros in various forest reserves of Assam in northeast India have decreased drastically. Brutal laws against the poachers, strengthening of ground staff inside the protected forest areas and increasing public awareness in the fringe localities of national parks and wildlife sanctuaries across the State are the reasons cited for positively impacting the mission to save the one-horned rhinos. Officials records suggest, only two rhinos were poached in Kaziranga National Park and Tiger Reserve since 1 January 2021 till date. The last incident took place probably in the last week of December 2021, as a decomposed carcass of a fully-grown (around 30 years old) female rhino was recovered inside the world-famous forest reserve next month. As the precious horn was missing, for which the gigantic animal was apparently hunted down, it could not be a natural death. Ironically, however, it was not confirmed when

Civil rights leaders allege corporate loot of resources, suppression of democratic rights

By Our Representative  Civil rights activists have alleged, quoting top intelligence officers as also multiple international forensic reports, that recent developments with regard to the Bhima Koregaon and the Citizenship Amendment Act-National Register of Citizens (CAA-NRC) cases suggest, there was "no connection between the Elgaar Parishad event and the Bhima Koregaon violence." Activists of the Campaign Against State Repression (CASR) told a media event at the HKS Surjeet Bhawan, New Delhi, that, despite this, several political prisoners continue to be behind bars on being accused under the anti-terror the draconian Unlawful Activities (Prevention) Act. Addressed by family members of the political prisoners, academics, as well as social activists, it was highlighted how cases were sought to be fabricated against progressive individuals, democratic activists and intellectuals, who spoke out against "corporate loot of Indian resources, suppression of basic democratic

Kerala natural rubber producers 'squeezed', attend to their plight: Govt of India told

By Rosamma Thomas   Babu Joseph, general secretary of the National Federation of Rubber Producers Societies (NFRPS) at a recent discussion at Mahatma Gandhi University, Kottayam, explained that it is high time the Union government paid greater heed to the troubles plaguing the rubber production sector in India – rubber is a strategic product, important for the military establishment and for industry, since natural rubber is still used in the manufacture of tyres for large vehicles and aeroplanes. Synthetic rubber is now quite widespread, but styrene, which is used in making synthetic rubber and plastics, and also butadiene, another major constituent of synthetic rubber, are both hazardous. Prolonged exposure to these even in recycled rubber can cause neurological damage. Kerala produces the bulk of India’s natural rubber. In 2019-20, Kerala’s share in the national production of rubber was over 74%. Over 20% of the gross cropped area in the state is under rubber cultivation, with total

New rules to make lakhs of tribals vulnerable to summary eviction: NAPM tells MPs

Counterview Desk  The top civil rights network, National Alliance of People’s Movements (NAPM), has said that the new Forest (Conservation) Rules 2022, pending in Parliament and may be passed any day in the current Budget session, needs to be “strongly opposed” in Parliament. These Rules will allow easy diversion of forest land for projects and companies without the consent of gram sabhas and will allow the eviction of forest communities without the recognition of forest rights”, it alleged.

Lack of welfare schemes, BSF curbs force West Bengal farmers to migrate far away

Counteview Desk  In a representation to the National Human Rights Commission chairperson, a senior West Bengal based activist has complained that villagers living near the border with Bangladesh are forced to migrate to as far away as Mumbai and Kerala because of lack of government sensitivity towards their welfare in original villages. Giving specific instances, Kirity Roy, secretary, Banglar Manabadhikar Suraksha Mancha (MASUM), said, if the Border Security Force (BSF) had not put any restriction on agricultural activities, and if villages had properly implemented welfare schemes, these people would never migrate to other States. Text: I want to attract your immediate attention to the inhumane condition of the migrated workers of Gobra village, Swarupnagar Block in North 24 Parganas district of West Bengal to seek your urgent intervention to protect the rights of these people. Gobra is a village situated near the Indo-Bangladesh Border where the border fencing is about 500 meters i

FSSAI 'refusing to empower' citizens to have their right to informed choice on GMO

Counterview Desk  The advocacy group Coalition for a GM-Free India in response to Food Safety and Standards Authority of India's FSSAI’s) “weak forms” for licensing of GM foods, has insisted on the need to have “strong regulations to ensure safe food for citizens”. Stating that this form is different from the FSSAI GM draft regulation which had come out recently for which it had shared its response, the NGO network said in letter to Pushp Vanam, joint director, Science and Standards, FSSAI, it is problematic that these forms were not shared at the same time as the GM regulation draft as it would have enabled more people who read and respond to it. Text: This is in regards to the notification from FSSAI asking for inputs on the forms. We find it problematic that these forms were not shared at the same time as the GM Regulation draft as it would have enabled more people who read and responded on the regulation draft to have been able to comment on the forms too. Our response to the