Meaning of Hate Speech and it’s Harm
The most number of time hate speeches are given in India is when there are religious conflicts in the country. There is much harm which can be caused through hate speech. The comments which are based on racism bring minorities with a negative attitude and I harmful to them. Timothy Garton Ash said that if the speaking would be allowed without any legal constraint then it will become an uncivil speech. He said that nothing should be allowed which can harm someone related to race, Religion sexuality or ethnicity. “Don’t be fooled into thinking you are welcome here. The society around you may seem hospitable and non-discriminatory, but the truth is that you are not wanted, and you and your families will
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The two recent cases of Supreme Court of India have mostly focused on the hate speech and how it is related to the politics. The famous controversial rulings of Hindutva Judgement were reviewed by the court on 30th January. Whereas by March 12th the court stated that political hate speech should be cut down. There is a battle going on between free speech libertarians and liberals. The libertarians wants that the swear allegiance must be given to the Hindu right which includes BJP. The Latter wanted to make Narendra Modi the prime minister of India.
“The best test of truth is the power of thought to get itself accepted in the competition of the market”
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These restrictions are related to content based restrictions. As a result hate speech is lawfully prohibited whereas in United States of America the prohibitations of some speeches related to racism have been found invalid. The restrictions which are related to racial and religious have been upheld in India. Such measures are taken so that communal harmony must be maintained.
Nazi demonstrations are prohibited in India on the grounds of public order. The deliberate intentions of outraging the religious feelings can disturb the public order. There is a lot of difference between India 's Constitution and the United States of America 's Constitution. By looking as India 's Constitution it looks that India 's Constitution preserve the rights of minorities whereas the aim of the state is to promote the welfare of the people.
One should not consider that Indian judiciary is as free as American judiciary. In the case of Raj Kapoor vs. State it was stated that “‘The world’s greatest paintings, sculptures, songs and dances, India’s lustrous heritage, the Konarks and Khajurahos, lofty epics, luscious in patches, may be asphyxiated by law, if prudes and prigs and State