SECTION 153A OF IPC
1. Context
The Supreme Court on Thursday granted interim bail to Pawan Khera, Chairman of the media and publicity department of the All India Congress Committee, who had been arrested for alleged hate speech by Assam Police earlier in the day.
2. Section 153A of IPC
- Section 153A deals with promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to the maintenance of harmony.
- Under this section, the person shall be punished with imprisonment which may extend to five years, and shall also be liable to a fine.
- Section 295A deals with deliberate and malicious acts, intended to outrage the religious feelings of any class by insulting its religion or religious beliefs.
- The person can be punished with imprisonment of either description for a term that may extend to two years, with a fine, or with both.
3. Drawbacks
- Element of subjectivity leads to misuse of the law as it has a large amount of subjectivity.
- Unlike bodily harm that can be verified, sentimental hurt can not be tested against strict measures.
- The element of subjectivity overrides it as a sentiment's vulnerability could widely vary.
- Encroaches on Freedom of Speech and Expression: India's Constitution celebrates diversity with the guarantee of free speech.
- It is anomalous for a pluralistic, democratic, and secular nation that runs on counter-discourses to criminalize speech for hurting religious sentiments.
- People have used this section to file frivolous cases for venting out a personal vendetta.
- The already overburdened judiciary is put under further strain due to the resources it needs to direct toward frivolous cases hindering the efficacy of the judicial system.
4. Why such sections are needed in India?
- India being a diverse entity needs such laws to stop religious incendiary feelings in the bud.
- Helps check radicalism growth of communal divisions and domination of one community.
- Helps the propagation of secular values by making religious extremism/insensitivity a punishable offense.
- Punishes those involved in such activities and acts as a deterrent for others.
5. Safeguards against misuse
- There are statutory safeguards (to invoke the section) that required deliberate intention and malice; and judicial rulings that needed to look at words used, intent, and effect to ascertain criminality. Only a deliberate and aggravated form of religious insult would attract the rigor of the provision.
- The judiciary laid down two ways to measure the effect one by establishing a link between speech and public disorder, and by measuring the effects from the standards of a reasonable man, and not from one who fears all hostile viewpoints.
- However, no attempt was made to translate the safeguards into practice.
For Prelims & Mains
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For Prelims: Section 153A, Section 295A, Freedom of Speech and Expression, Hate Speech, Radicalism, and Judicial system.
For Mains:1. It's time Section 153A and 295A of the IPC are revisited, to end vexatious criminal prosecution. Critically Comment.
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Source: The Indian Express
