Law Commission releases Report on Hate Speech[Read report]

The Law Commission has submitted its 267th report titled ‘Hate Speech’ to the Law Ministry. The major highlight of the Report is the recommendation for two amendments to the Indian Penal Code (IPC)..The report recommends that efforts to create hatred and fear should also be brought under the scope of hate speech. Even a speech that does not incite violence has the potential of marginalising a section of the society..The report quotes the Supreme Court of India case of Pravasi Bhalai Sangathan Vs Union of India, which directed the Law Commission of India to look into issue of hate speeches being made by politicians and to consider framing guidelines to prevent such provocative statements. The case was also one of the very first in which hate speech was recognised as a dangerous criminal phenomenon with significant repercussions..According to the draft bill added at the very end of the report, a new section, 153C, should be inserted in the IPC in order to prohibit incitement to hatred. The said provision reads as follows:.“Who ever, on grounds of religion, race, caste or community, sex, gender identity, sexual orientation, place of birth, residence, language, disability or tribe–.“a) uses gravely threatening words either spoken or written, signs, visible representations within the hearing or sight of a person with the intention to cause, fear or alarm; or.“(b) advocates hatred by words either spoken or written, signs, visible representations, that causes incitement to violence,” will be punishable with imprisonment of up to two years, and fine of up to Rs 5000, or with both..The law panel also recommended the insertion of 505A in the IPC for causing fear, alarm, or provocation of violence in certain cases..“Whoever in public intentionally on grounds of religion, race, caste or community, sex, gender, sexual orientation, place of birth, residence, language, disability or tribe – uses words, or displays any writing, sign, or other visible representation which is gravely threatening, or derogatory;.“(i) within the hearing or sight of a person, causing fear or alarm, or;.“(ii) with the intent to provoke the use of unlawful violence, against that person or another”, will be punished with imprisonment of up to one year or fine up to Rs 5000, or both.”.While the recommendations seem to come at a sensitive time, with major upheavals in the political sphere, whether the Parliament will pay heed to the recommendations remains to be seen.