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Panel to define offences of speech, expression -Vijaita Singh

-The Hindu

The committee constituted by Home Ministry on reforms to the IPC may propose a separate Section

A panel constituted by the Union Home Ministry to suggest reforms to the British-era Indian Penal Code (IPC) is likely to propose a separate Section on “offences relating to speech and expression.”

As there is no clear definition of what constitutes a “hate speech” in the IPC, the Committee for Reforms in Criminal Laws is attempting for the first time to define such speech.

“Who will decide what constitutes a hate speech? Legally speaking, for criminal Sections to be invoked, any such speech has to lead to violence or disturbance of law and order. We will refrain from using the word ‘hate speech’ as it is a loaded term, merely criticising someone is not hate speech,” G.S. Bajpai, Chairperson of the Criminology Centre at National Law University (NLU), Delhi, one of the members of the committee, told The Hindu.

The committee is expected to submit its report soon.

Bureau’s definition

The Bureau of Police Research and Development recently published a manual for investigating agencies on cyber harassment cases that defined hate speech as a “language that denigrates, insults, threatens or targets an individual based on their identity and other traits (such as sexual orientation or disability or religion etc.).”

Earlier in 2018, the Home Ministry had written to the Law Commission to prepare a distinct law for online “hate speech” acting on a report by a committee headed by former Lok Sabha Secretary General T.K. Viswanathan who recommended stricter laws. The committee was formed in the wake of Section 66A of the Information Technology Act, 2000, that provided punishment for sending offensive messages through communication services being scrapped by the Supreme Court in 2015.

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