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DELHI HIGH COURT DISMISSES PLEA SEEKING ACTION AGAINST PM MODI FOR HATE SPEECH

by | May 14, 2024

INTRODUCTION:

Recently, the Delhi High Court made a decision regarding a plea that sought action against Prime Minister Narendra Modi and others for allegedly delivering hate speeches during the Lok Sabha elections. The court’s decision was based on its trust in the Election Commission of India (ECI) to handle such matters.

BACKGROUND:

The plea was filed by three petitioners who wanted the ECI to take immediate action against political leaders for their alleged hate speeches, including filing an FIR. They were particularly concerned about speeches made by PM Modi, Union Minister Anurag Thakur, and tweets by BJP President JP Nadda, claiming that the ECI had not taken effective action despite complaints.

KEY POINTS:

  • The Delhi High Court dismissed the plea, stating that it was without merit.
  • The court emphasized that the ECI, as a constitutional body, was capable of independently assessing complaints and taking necessary action.
  • It clarified that it could not interfere with the ECI’s actions and that the commission was already addressing complaints.
  • The plea argued that the ECI’s alleged inaction violated its constitutional duty and undermined the purpose of the Model Code of Conduct (MCC), which aims to maintain communal harmony during elections.

IMPACT:

The Delhi High Court’s decision indicates its confidence in the ECI’s ability to handle complaints related to hate speech during elections. It also highlights the court’s respect for the ECI’s independence as a constitutional body.

LEGAL PROVISIONS:

ASPECTS DETAILS
Definition
  • Hate speech is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief, and the like. 
  • The context of speech is crucial in determining whether it constitutes hate speech or not. It can cause harm to the targeted individuals and groups, as well as to society at large, by inciting hatred, violence, discrimination, and intolerance.
Freedom of Speech
  • Article 19(1)(a) of the Indian Constitution guarantees freedom of speech and expression as a fundamental right for all citizens.
  • Article 19(2) imposes reasonable restrictions on this right, balancing its use and misuse.
  • Restrictions are allowed in the interests of sovereignty, integrity, security, friendly relations with foreign states, public order, dignity, morality, contempt of court, defamation, or instigation of an offence.
Indian Penal Code
  • Sections 153A and 153B: Punish acts that cause enmity and hatred between groups.
  • Section 295A: Deals with punishing acts which deliberately or with malicious intention outrage the religious feelings of a class of persons.
  • Sections 505(1) and 505(2): Make the publication and circulation of content that may cause ill will or hatred between different groups an offence.
Representation of People’s Act (RPA),1951
  • Section 8 prevents a person convicted of the illegal use of the freedom of speech from contesting an election. 
  • Sections 123(3A) and 125 bar the promotion of feelings of enmity or hatred between different classes of citizens of India on the grounds of race, religion, community, caste, or language in reference to elections and include it under corrupt electoral practices.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Prevents hate speech targeting a Scheduled Caste or a Scheduled Tribe in any place within public view.
Protection of Civil Rights Act, 1955 Penalizes incitement to, and encouragement of untouchability through words, either spoken or written, or by signs or by visible representations or otherwise.

CONCLUSION:

The Delhi High Court’s decision to dismiss the plea reinforces the importance of the ECI’s role in independently addressing complaints related to hate speech. It underscores the significance of upholding the MCC to ensure fair and peaceful elections.

SOURCE – INDIA TODAY

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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