Free Speech vs Hate Speech

Constitutional Provisions: According to Article 19(1)(a), all citizens shall have the right to freedom of speech and expression.

Legal Provisions: Section 295(A) of the Indian Penal Code (IPC), punishes any speech, writings, or signs that “with premeditated and malicious intent” insult citizens’ religion or religious beliefs with a fine and imprisonment for up to three years.

Judicial Pronouncements

  • The legality of Section 295(A) was affirmed by a five-judge Bench of the Supreme Court in Ramji Lal Modi case (1957) case. The Supreme Court reasoned that while Article 19(2) allows reasonable limits on freedom of speech and expression for the sake of ....
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Indian Polity And Governance