In India communal hatred is becoming the crux of social degradation, approximately 60 percent of peoples are not secular from their mindset, they think secularism is the wrong ideology given by members of our constituent assembly.
Uttar Pradesh Chief Minister Yogi Adityanath made several communal words one of them is 'Hindu and Muslim can't live together in India' in his public speech and facing trial in court for other statements and therefore such kind of speeches and ideology pulling India back 50 years back in history.
Baba Saheb Ambedkar the writer of our Indian constitution wanted to abolish problematic issues like touchability, caste, creed, class, etc because these issues were restraining India from development. Moreover, writer of our Indian national anthem Rabindranath Tagore said _ India has tolerated differences of races from the very beginning civilization, and that spirit of toleration has acted all through her history. Her caste system is the outcome of this spirit of toleration. Hence, Tagore abused the caste system. He believed that no one's duty can be determined by birth.
Several Laws implemented in society to stop hatred in the name of any community. When we are talking about communal speech then we should understand that our Constitution has given us fundamental rights as to Right to speech and expression but it lays certain limitations as well, If we read as Article 19- Protection of certain rights regarding freedom of speech etc (1) All citizens shall have the right_ (a) to freedom of speech and expression;
Article 19 (2)- Nothing in sub-clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offense.
Our Indian Penal Code strictly lays down the penal section for spreading hate in the name of any community via speech, activities, gestures, etc.
Firstly, "Sec. 153A reads as follows: Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony:
1) Whoever -
a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racials, language or regional groups or castes or communities, or b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, or c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both.
2) An offense committed in place of worship, etc – -Whoever commits an offense specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine."
Secondly, Section 295A IPC: Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs Whoever, with the deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or otherwise insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Thirdly, Section 505 IPC: Statements conducing public mischief: 1) Whoever makes, publishes or circulates any statement, rumor, or report.
c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offense against any other class or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both.
Last but not least, Section 500 IPC: Punishment for defamation: Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
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