GUWAHATI: Supreme Court judge Justice Abhay S Oka observed on Saturday, April 5, that the majority of hate speeches in India are directed at religious minorities and oppressed communities.
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Speaking at Columbia Law School on the theme ‘Hate Speech: Against Religious and Caste Minorities’, Justice Oka said such speeches are often made with the intent of provoking the majority community and serve political purposes. He added that hate speech in India frequently emerges in the political arena, where leaders use it to polarise communities for electoral gain.
Justice Oka also noted that while the penal provisions under the Indian Penal Code and the Representation of People Act do address such speech, the broader threat lies in the damage it causes to social harmony.
“There are instances in India where there is hate speech against religious minorities of India and where speeches are made to provoke the majority to attack the minorities,” Justice Oka said. “Keep aside the penal part where speech becomes an offence. These speeches disturb social harmony. There may be political reasons also for hate speech and political leaders use them to gain advantage.”
He emphasised the constitutional value of fraternity, as enshrined in the Preamble, and called for public education as a long-term measure to reduce hate speech.
While condemning hate speech, Justice Oka also underlined the need to protect freedom of expression. He warned against overreach that could suppress legitimate speech, noting that not all speech perceived as hateful by some individuals can be legally classified as such.
“If there is no free speech, stand-up comedy, satire, then right to live with dignity will disappear,” he said. “Courts have also sought to balance that free speech and expression is protected.”
