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

Telangana government urged to stop 'unconstitutional' relocation of Chenchu tribes

By A Representative   The Nallamalla forests are witnessing a renewed surge of indigenous resistance as the Chenchu adivasis , a Particularly Vulnerable Tribal Group (PVTG), have formally launched the Chenchu Solidarity Forum (CSF) on the eve of World Earth Day to combat what they describe as unlawful and forced relocation from the Amrabad Tiger Reserve . 

Dhandhuka violence: Gujarat minority group seeks judicial action, cites targeted arson

By A Representative   The Minority Coordination Committee (MCC) Gujarat has written to the Director General of Police seeking judicial action in connection with recent violence in Dhandhuka town of Ahmedabad district, alleging targeted attacks on properties belonging to members of the Muslim community following a fatal altercation between two bike riders on April 18.

Cracks in Gujarat model? Surat’s exodus reveals precarity behind prosperity claims

By Vidya Bhushan Rawat*   The return of migrant workers from Uttar Pradesh and Bihar, particularly from Gujarat, was inevitable. Gujarat has long been showcased as the epitome of “infrastructure” and the business-friendly Modi model. Yet, when governments become business-friendly, they require the poor to serve them—while keeping them precarious, unable to stabilize, demand fair wages, or assert their rights. The agenda is clear: workers must remain grateful for whatever crumbs the Seth ji offers.  

'Fraudulent': Ex-civil servants urge President to halt Odisha tribal land dispossession

By A Representative   A collective of 81 retired civil servants from the Constitutional Conduct Group has written to the President of India expressing alarm over what they describe as the wrongful dispossession of tribal lands in Odisha’s Rayagada district. The letter, dated April 19, 2026, highlights violent clashes in Kantamal village where police personnel reportedly injured over 70 tribal residents attempting to protect their community rights. 

India 'violating international law obligations' over Israel ties: UN rapporteur

By A Representative   Francesca Albanese, the United Nations Special Rapporteur on human rights in the occupied Palestinian territories, has alleged that India is “violating its obligations under international law” through its continued association with Israel, including defence ties and alleged arms exports during the ongoing conflict in Gaza.

Why Tamil Nadu, Periyar, and the Dravidian model aren't just regional phenomena

By Vidya Bhushan Rawat*  The election campaign in Tamil Nadu this season is strikingly different. The alliance led by the DMK is consistently referred to as the “ DMK alliance ,” not the “INDIA alliance.” This distinction is unsurprising given the state’s history: Tamil Nadu remains the only state to decisively reject “national” parties. The AIADMK’s surrender to the BJP after J. Jayalalithaa ’s death represents, in many ways, a betrayal of the politics of Tamil identity—an identity Periyar envisioned as Dravidian, not narrowly Tamil.

The soundtrack of resistance: How 'Sada Sada Ya Nabi' is fueling the Iran war

​ By Syed Ali Mujtaba*  ​The Persian track “ Sada Sada Ya Nabi ye ” by Hossein Sotoodeh has taken the world by storm. This viral media has cut across linguistic barriers to achieve cult status, reaching over 10 million views. The electrifying music and passionate rendition by the Iranian singer have resonated across the globe, particularly as the high-intensity military conflict involving Iran entered its second month in March 2026.

World Book Day: Celebrating the power of reading in the Indian context

By Mohd. Ziyaullah Khan*  Written language is one of humanity’s greatest achievements, setting us apart from all other living beings. In a country like India, home to diverse languages, cultures, and traditions, books play an even more powerful role. They are not just tools of communication but bridges across generations, regions, and ideologies.  When we read the works of Munshi Premchand or Rabindranath Tagore , we are not merely reading stories; we are engaging in a silent conversation with minds that lived decades, even centuries ago. That is the true power of books: they preserve thoughts, ideas, and emotions beyond time. Recognising this immense value, the world celebrates World Book Day , a day dedicated to honouring books, authors, and the joy of reading.  

The aesthetic of new pain: Transforming social reality into poetry

By Ravi Ranjan*  The poetry of Kumar Ambuj , specifically the twelve works published in 'Samalochan' in April 2026, serves as a profound and vibrant document of contemporary Indian society that intertwines personal wounds with deep-seated social structures. Ambuj’s sociological and aesthetic vision is one that peels away layers of reality without resorting to slogans, standing firmly in favor of democracy, secularism, and scientific consciousness while critiquing the minutiae of capitalist modernity.