Justice Abhay Oka at Columbia Law School emphasizes educating citizens on fraternity to combat hate speech.
EDUCATING ON FRATERNITY CAN CURB HATE SPEECH
Why in News
Justice Abhay Oka at Columbia Law School said that hate speech will reduce if citizens understand fraternity.
Overview
Justice Abhay S. Oka’s Address at Columbia Law School Conference on Hate Speech – 11th April 2025.Speaking at a conference hosted by Columbia Law School Justice Abhay Oka of the Supreme Court stressed on the need to educate citizens on the constitutional value of fraternity to counter the rising incidents of hate speech. He stressed that while legal provisions exist societal harmony can only be achieved through mass awareness and public education on constitutional freedoms .
Key Aspects
- Justice Abhay Oka stressed that hate speech lacks due to lack of awareness of fraternity.
- Linked hate speech to violations of freedom of speech and the right to live with dignity.
- Raised concern over increasing hate speech targeting mainly religious minorities and scheduled castes.
- Urged a balance between free speech and legal boundaries on dissent, satire and protest.
Legal Insights
- Sedition: Section 124A IPC criminalizes inciting hatred against the government.
- Hate Speech: Section 153A IPC / Section 196 BNS (promoting enmity), Section 295A IPC (religious insult).
- Scheduled Castes : SC/ST Act, 1989 penalizes hate speech based on caste.
- Election Laws : Section 123(3A) of RPA, 1951 punishes communal hate during campaigns.
- Freedom of Speech: Articles 19(1)(a), 19(2) and 21 of the Constitution.
Conclusion
Though not a verdict Justice Abhay Oka advocated evolving laws on hate speech and urged a sensitive approach by courts to balance freedom of speech with safeguarding of religious minorities and scheduled castes focusing the constitutional value of fraternity.
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