The Supreme Court of India, on April 28 last year, directed all States and Union Territories (UTs) to file cases suo motu against those making hate speeches – even without any complaint. But India Hate Lab (IHL) report highlights 62 percent increase in hate speech in 2023.This increase in hate speech is not only a gross violation of the SC order but also a mockery of SC Guidelines. Will SC ever take tough stand to implement its guidelines?
The SC Guidelines said, “Respondent Nos… (all States and UTs) shall ensure that immediately as and when any speech or any action takes place which attracts offences such as Sections 153A, 153B and 295A and 505 of the IPC, etc., suo motu action will be taken to register cases even if no complaint is forthcoming and proceed against the offenders in accordance with law.”
The SC expanded the reach of its 2022 decision and instructed all States and UTs to register hate speech cases even if no complaints are made. The court described hate speech as a severe offence that might have an impact on the secular fabric of the nation. It also issued a warning that failure to file hate speech charges on time would constitute contempt of court.
Very recently, IHL documented 668 hate speech incidents targeting Muslims in 2013. It has recorded 255 hate incidents in the first half of 2023, while the number rose to 413 in the second half of the year, registering a 62% increase in hate speech.
“Over 498 (75%) of the events took place in BJP-ruled states, union territories (administered by the BJP-led central government), and the National Capital Territory (NCT) of Delhi (police and public order comes under purview of the BJP-led central government). Among the top eight states with the most hate speech events, six were ruled by the BJP throughout the year. The other two states held legislative elections in 2023 and were ruled by the BJP for part of the year,” claimed the report.
As per IHL report, “239 (36%) of the events included a direct call of violence against Muslims. 77% of these dangerous speeches were delivered in states and territories ruled/governed by the BJP. The Vishwa Hindu Parishad-Bajrang Dal, affiliated with the Rashtriya Swayamsevak Sangh (RSS), was responsible for 216 (32%) events, making it the top organizer of hate speech events. Overall, 307 (46%) of hate speech events were organized by entities that are part of the broader Sangh Parivar (RSS family).”
The report has found rapid growth of new Hindu nationalist groups and actors engaging in hate speech.
BJP leaders were involved in delivering hate speeches at 100 (15%) of the events. BJP legislator T Raja Singh spoke at 23 events, including 14 dangerous speeches with calls to violence against Muslims. In BJP-ruled states, around 11% of events featured BJP leaders, whereas in non-BJP-ruled states, this figure rose to 28%. Maharashtra (118), Uttar Pradesh (104), and Madhya Pradesh (65) ranked top among states for hate speech events. These three BJP-ruled states collectively accounted for 43% of the total hate speech events recorded.
“Hate speech events peaked between August and November, coinciding with the Vishwa Hindu Parishad-Bajrang Dal Shaurya Jagran rallies and state legislative elections in Rajasthan, Madhya Pradesh, Telangana and Chhattisgarh. Approximately 318 hate speech events, or 48% of the total, took place during this period. 420 (63%) of the events included references to conspiracy theories, primarily involving love jihad, land jihad, halal jihad, and population jihad. 169 (25%) events featured speeches calling for targeting Muslim places of worship,” it said.
“Out of 193 events that took place between October 7 (the day Hamas attacked Israel and the beginning of Israel’s war on Gaza) and December 31, 2023, 41 (21%) mentioned the Israel-Gaza war to stoke hatred towards Indian Muslims. Hindu religious leaders delivered hate speeches at 93 (14%) of the events. Rohingya refugees were targeted in speeches at 38 (4%) of the events. 176 (26%) events were held in five states (Karnataka, Madhya Pradesh, Rajasthan, Chhattisgarh, Telangana) that conducted legislative elections in 2023. 186 (28%) events took place in states that are slated for elections in 2024. The majority of these events were held in Maharashtra,” the report reads.
“Hindu far-right influencer Kajal Hindustani, chief of Antarrashtriya Hindu Parishad (AHP) Pravin Togadia, and chief of Hindu Rashtra Sena, Dhananjay Desai are the top three sources of hate speech,” the report claimed.
On implementation of SC judgement on hate speech, Fuzail Ahmad Ayyubi, Advocate on Record, Supreme Court of India, said, “It depends on how proactively the concerned State implements the orders of the Apex Court in letter and spirit. The 2018 guidelines and the case where they were issued, though establishing a strong framework to prevent any such incidents, remained in cold storage more or less. Consequently, Contempt Petitions were filed in the Apex Court and the same are being considered now. In the meantime, Justice Joseph’s order came as a milestone in the sense that it not only directs the State to take stringent action in accordance with law but also contains a warning for the erring officials failing to comply with this order. The larger issue of implementation of 2018 guidelines and appointment of nodal officers has been taken up thereafter.”
Nasir Aziz, president of SAMLA (South Asian Minorities Lawyers Association) said, “The fact that most of the hate speech cases targeting Muslims in India have taken place in BJP-ruled states is indicative of the real picture. It is an admitted fact that BJP has thrived in creating a hateful atmosphere between communities,especially between Hindus and Muslims. Creating hatred has paid rich dividends and BJP is not letting this advantageous position go away.”
“There are enough laws against hate speech. Despite complaints, the law, especially lower judiciary has not lived upto the expectations,” Aziz opined.
Dr Narender Nagarwal, Assistant Professor, Faculty of Law, University of Delhi, said, “This path-breaking study has forced us to consider what dangers may arise if hate speech and poisonous propaganda from right-wing organisations continue unabated. I believe incidents like hate speeches, targeted violence and inflammatory statements against Islam and Muslims by politicians and fringe elements are enough to put the nation into an uncontrollable bloodbath, if not controlled timely. According to the report, most hate speeches have taken place in states where the BJP is in power, and it suggests that perpetrators of hate speeches enjoy state patronage; this is distressing.”
“I think the IHL report focuses primarily on hate speech from RSS functionaries and other affiliated wings; it overlooks another grave issue that is, in my opinion, just as disturbing as hate speech and this is unabated poisonous and malicious propaganda against Islam, Muslims, and people who support secularism and constitutional values,” added Nagarwal.
“Since an independent research organisation brought up the report, hence its significance is worthy among the media, independent researchers and lawyers and the government will reject it outright, still, the report is a valuable addition to those working in the area of democracy, secularism and saving the Constitution,” said Nagarwal.