01Polity & Governance·8 min read·Prelims · Mains
On hate speech, Supreme Court verdict narrows the law’s scope
The Supreme Court's judgment narrows the legal scope for prosecuting hate speech by effectively endorsing the Delhi Police's position that speech targeting is not hate speech unless a community is explicitly named. For UPSC, this case is significant for understanding the tension between free speech under Article 19(1)(a) and reasonable restrictions under Article 19(2), the judicial interpretation of IPC hate speech provisions, and questions about procedural fairness in criminal proceedings. The judgment raises concerns about coded incitement and whether context matters in hate speech cases — issues that frequently appear in both prelims and mains examinations.
- The Supreme Court held that Anurag Thakur and Parvesh Sahib Singh Verma did not commit a cognisable offence of hate speech under Sections 153A, 153B, 295A and 505 of the IPC
- On January 30, 2020, the Election Commission debarred Thakur and Verma from campaigning for violating the MCC and the Representation of the People Act
- Thakur had described the anti-CAA movement as anti-national and used the slogan 'Desh ke gaddaron ko, goli maaro saalon ko'; Verma warned 'they will abduct and rape your daughters'