Author(s): Aritra Biswas

Abstract: The regulation of hate speech in India presents one of the most pressing constitutional dilemmas in the modern era. The Indian Constitution guarantees freedom of speech and expression under Article 19(1)(a), yet subjects this right to reasonable restrictions under Article 19(2). In practice, the thin line between permissible criticism and punishable incitement has become increasingly blurred. This paper offers a doctrinal and comparative analysis of hate speech regulation in India, situating it in constitutional theory, judicial interpretation, statutory mechanisms, and international practices. Drawing on landmark cases such as Ram Manohar Lohia, Pravasi Bhalai Sangathan, Shreya Singhal, and Amish Devgan, this paper argues that current legal provisions are both overbroad and under-inclusive. While they provide scope for misuse, they often fail to address emerging challenges posed by digital platforms. The paper concludes with detailed recommendations for legislative clarity, procedural safeguards, independent oversight mechanisms, and public education measures, aiming to harmonize free speech with communal harmony and equality.

Pages: 104-106 | Views: 91 | Downloads: 52

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