Justice Oka stated that most of the hate speech in India is directed towards religious minorities and oppressed communities. Such speeches are often intended to provoke the majority community against the minorities, creating divisions in society.
Supreme Court judge Justice AS Oka recently spoke about the issue of hate speech in India, highlighting how it often targets religious minorities and oppressed communities. He pointed out that many such speeches are made by political leaders to gain electoral benefits.
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Justice Oka stated that most of the hate speech in India is directed towards religious minorities and oppressed communities. Such speeches are often intended to provoke the majority community against the minorities, creating divisions in society.
He remarked:
“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…Most of the hate speeches in India are against religious minorities and oppressed classes. Keep aside the penal part where speech becomes offence. These speeches disturb social harmony. There may be political reasons also for hate speech and political leaders make them to gain advantage.”
Justice Oka noted that hate speech is a punishable offense under the Indian Penal Code (IPC) and the Representation of People Act. However, he emphasized that the best way to reduce hate speech is through public awareness and education.
“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. By educating masses, their minds can be strengthened.”
While condemning hate speech, Justice Oka also stressed that restrictions on it should not interfere with the right to free speech. He cited a recent judgment he had delivered, explaining that freedom of expression should not be judged based on the opinions of a weak-minded individual.
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“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.”
Justice Oka was speaking at Columbia Law School on the topic ‘Hate Speech: Against Religious and Caste Minorities.
He also highlighted the importance of free speech, satire, and stand-up comedy, stating that these are essential to maintaining dignity in a democratic society.
“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.”
Justice Oka further emphasized that the right to dissent and protest is a key part of democracy. Universities should allow students to protest against injustice rather than suppressing their voices through hate speech laws.
“In democracy, dissent is also very important. It is necessary in every healthy democracy and there is right to protest also. Universities should allow students to protest if they are suffering from injustice and hate speech provisions cannot be used to suppress the same. Thus, Indian constitution which teaches us social harmony etc. 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.”
