The genocide of six million Jews across German occupied Europe called holocaust did not start with the gas chambers, but with hate speech against them. The storming of the US Capitol on 6th Jan. 2021, by Trump supporters resulted from false and dangerous rhetoric. The frenzy built around beef has led to mob lynchings and call for economic boycott of a community has wounded the social harmony in our country. The very thinking that certain people should have power and control over others drives the idea of hate. In ordinary terms speech and expression intended to vilify, humiliate, hurt or incite a class of citizens on the basis of race, religion or identity is hate speech.
History has shown that premeditated hate speech, designed to incite has been a precursor to atrocity crimes leading to genocide from Germany, to Rwanda, to Bosnia to Cambodia.
Concerted efforts of incitement loaded with stocking fear or mocking at over a long period could lead to violence. Certain kind of remarks, gestures and expressions with intent of mocking at others could lead to a counter reaction including violence from the other community.
Justice Madan Lokur tells us that ‘hate speech need not result in violence or a possibility of violence. Hate speech can disturb mental equilibrium of any person who is targeted and this can manifest itself in a psycho-social problem and trauma These are not visible manifestation of the impact or harm caused by the hate speech but are never the less quite real and must be recognised’.
Freedom of speech and hate speech are traditional rivals. The debate over free speech and hate speech could be said to be settled with the UNO accepting the serious implication of the long-term impact. Hate speech is a denial of values of tolerance inclusivity and diversity, the very foundations of the Indian Constitution.
It is normally targeted against a minority section which by its sheer numbers is vulnerable in a democracy and when unchecked it will only lead to hatred in society disturbing social harmony and peace which over a long period could lead to conflict. History has shown that such hatred intentionally used to mobilize communities against each other in order to provoke violence has led to war and genocide. 1941-45 genocide of Jews & 1994 genocide against Tutsi in Rwanda were brought about by decades of hate speech.
Last two weeks, Goa got distracted from its battle to save what is left of it. A call by Subash Velingkar for DNA examination of ‘Goeycho Saib’ led to the Catholic community in particular taking over the streets demanding the arrest of the former RSS chief. A timely intervention by the Church, its bodies and prominent social activists saved the state, known for its cosmopolitan nature, from unwanted communal disharmony.
The content and the intent of the call for DNA were loud and clear. DNA matching with whom? His statements were clearly provocative and targeted against the belief of a community. It was designed to incite by a massive physiological impact as ‘Goencho Saib’ is the most revered saint in Goa.
Pushed out of main stream politics, the former RSS chief may have thought of bringing the focus on himself in the majority community by poking fun and hurting sentiments of the belief and faith in ‘Goencho Saib.’ A sitting Judge of our Supreme Court dealing with such a matter said hate speech comes from ‘fringe elements who have no stuff in them’. It would have been great if Velingkar’s rant was ignored, but then the psychological impact was such that people succumbed to
the incitement bait and
overreacted.
In our country, where arrest provisions are weaponized amidst falling criminal justice system, people look at arrest as avenging the revenge.
The Supreme Court of India had dealt with the silence of the state to spiralling incidents of hate speeches made against minority communities. The Supreme Court was clear that such spread of hate and hatred threatens the very idea of fraternity under our constitution. Justice Nagarathna dealing with hate speech in Maharashtra case said “When Vajpayee and Nehru spoke, people came from rural areas to her them…unfortunately now …, … where are you taking India? … If there is intellectual deprivation, you can never take this country to the number one position in the world.
Intellectual deprivation comes only when there is intolerance, lack of knowledge and lack of education. That is where we should concentrate first… We should as a society take a pledge to restrain ourselves from saying these things”. The Hon’ble Supreme Court had directed filing FIRs against hate speech offenders. The court directed states to ensure that when it comes to hate speech it attracts offences under 153A, 153B, 295A and 505 of the IPC. The court ordered Suo moto action in registering cases even if no complaint is forthcoming. Offenders should be punished against under the law and the Supreme Court directed the Director General of Police in the states to inform their subordinates about the court order so that appropriate action in accordance with the law will be taken at the earliest. The court was very clear that any hesitation would be viewed as contempt.
The failure of the Goa police in ignoring the incendiary nature of Velingkar’s statement led to what the highest court had prophetically said –‘If you ignore hate crime, it will come to you one day’.
Freedom of speech is the foundation of a liberal democracy. That freedom must not be snuffed out under the guise of hate speech as they have a free hand in whom to prosecute and whom to let off. That free hand must be properly controlled. Unless checked in time, hate speech impact will be dangerous to the society and to the country.
(The writer is a senior advocate and a
political thinker)