Supreme Court Justice AS Oka declared Friday that the majority of hate speech incidents in India target religious minorities and oppressed classes, often delivered by political figures seeking electoral advantages.
Speaking at Columbia Law School on “Hate Speech: Against Religious and Caste Minorities”, Justice Oka highlighted the dangerous pattern of inflammatory rhetoric in the country.
“There are instances 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 stated. “Most of the hate speeches in India are against religious minorities and oppressed classes.”
The judge noted that such inflammatory rhetoric frequently serves political purposes, with leaders using divisive language to gain advantage while disturbing social harmony. While these speeches constitute offences under both the Indian Penal Code and Representation of People Act, Justice Oka suggested education as the most effective countermeasure.
“In our preamble, the citizens are assured various freedoms and one is fraternity. Fraternity is important to Preamble, to the Constitution and if we are able to educate masses about fraternity, instances of hate speeches will go down,” he said. “By educating masses, their minds can be strengthened.”
However, Justice Oka cautioned against overzealous penalization that might infringe upon free speech rights. He referenced a recent judgment in which he ruled that free speech cannot be evaluated based on the standards of a “weak person” but must instead be judged according to a “courageous mind.”
“Someone may say some hate speech is delivered. Just because some individuals think so, it doesn’t become a hate speech. “It cannot be based on individual perceptions and thereby you will end up violating freedom of speech and expression,” he explained.
The justice underscored the vital importance of protecting free expression, including satire and comedy. “If there is no free speech, stand up comedy, satire, then right to live with dignity will disappear. Courts have also sought to balance that free speech and expression is protected,” he noted. Justice Oka also defended the fundamental democratic rights to dissent and protest, particularly in academic settings. “Universities should allow students to protest if they are suffering from injustice and hate speech provisions cannot be used to suppress the same,” he said. In concluding his remarks, Justice Oka called for a balanced approach: “Courts need to come down heavily on hate speeches which are offences but also protect free speech, expression and right to protest. This area will always have a scope to evolve and grow.” Bar and Bench
