Incorporating limits (GS-2, Polity, The Hindu)

Incorporating limits (GS-2, Polity, The Hindu)


Context:- Speech is free, but it is a freedom that comes with responsibility. There are many instances where free speech is been threaten and free speech is being misused.  On this context,Law commission recommendations and t.k. Vishwanathan committee recommendations  are the way forward.

What is hate speech:- It is  any kind of communication in speech, writing or behaviour that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis their collective identity, be it race, ethnicity, religion, gender or sexuality.

    • Constitutional provisions: Article 19(2) of the Constitution gives all citizens the right to freedom of speech and expression but subject to “reasonable restrictions
      • These restrictions are” for preserving inter alia “public order, decency or morality”.
    • Statutory provisions:   India prohibits hate speech by several sections such as Section 95 of CRPC Section 124A or Section 153A or Section 153B or Section 292 or Section 293 or Section 295A of the Indian Penal Code.
  •  T.K. Vishwanathan committee recommendations
  • appointment of cybercrime coordinators in every state as well as setting up of cybercrime cells in each district.
  • The committee suggested that the state cybercrime coordinator should be an officer not below the rank of Inspector General of Police.
    • They will deal with those fomenting trouble or spreading hate against anybody on the grounds of religion, race, caste or community, sex, gender identity, sexual orientation, place of birth or residence, language, disability, or tribe through any means of communication.
  • The punishment :-two years imprisonment or a fine of Rs 5,000 or both.
  • offences under the amended Section 505A be punishable :- imprisonment of up to one year or fine or Rs 5,000 or both.
  • It also suggested that the district cyber crime cell should be headed by an officer not below the rank of sub-inspector of police.
  • Section 78 of the IT Act needs to be substituted and Section 153 and 505A of the Indian Penal Code need to be amended.

Download Daily Current Affairs of 28th May 2021

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