Press Release: 107 Sitting MPs and MLAs have declared cases related to hate speech

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Oct 3, 2023, 3:17:05 AM10/3/23

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Press Release

Date: October 3, 2023

Dear Friends,

The Law Commission Report no. 267 of March 2017 on Hate Speech states that “Hate Speech” has not been defined in any law in India. However, legal provisions in certain legislations prohibit select forms of speech as an exception to freedom of speech. The term “Hate Speech” has been used invariably to mean expression which is abusive, insulting, intimidating, harassing or which incites violence, hatred or discrimination against groups identified by characteristics such as one’s race, religion, place of birth, residence, region, language, caste or community, sexual orientation or personal convictions.

By giving tickets to candidates who have been charged with cases related to “Hate Speech” especially promoting enmity between religious groups and for committing acts that are intended to outrage religious feelings, political parties have been in a way abetting circumstances that lead to events such as communal riots and violence between different groups of people. Association for Democratic Reforms (ADR) and National Election Watch (NEW) have analysed the self- sworn affidavits of all sitting MPs and MLAs. Analysis reveals that many of our current MPs and MLAs, who are designated lawmakers, have actually declared cases related to “Hate Speech” against themselves. This analysis is based on the affidavits submitted by the candidates and MPs/MLAs prior to the last election they contested.

For the complete reports in English and Hindi, please see: https://adrindia.org/content/analysis-sitting-mpsmlas-declared-cases-related-hate-speech

The following IPC and RPA sections deal with ‘Hate Speech’ as per the ‘Law Commission Report no. 267 on Hate Speech’:

Provisions under IPC

Section 153A IPC penalises ‘promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony’.

Section 153B IPC penalises ‘imputations, assertions prejudicial to national-integration’.

Section 295A IPC penalises ‘deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs’.

Section 298 IPC penalises ‘uttering, words, etc., with deliberate intent to wound the religious feelings of any person’.

Section 505(1) and (2) IPC penalises the publication or circulation of any statement, rumour or report causing public mischief and enmity, hatred or ill-will between classes.

Provisions under the Representation of the People Act, 1951

Section 8 disqualifies a person from contesting an election if he/she is convicted for indulging in acts amounting to illegitimate use of freedom of speech and expression.

Section 123(3A) and Section 125 prohibit the promotion of enmity on grounds of religion, race, caste, community or language in connection with election as a corrupt electoral practice and prohibits it.

[1] Law Commission Report no. 267 – Hate Speech, March 2017 : http://lawcommissionofindia.nic.in/reports/Report267.pdf

Recommendations

1. ADR supports the following recommendations of the Law Commission Report:

a. The Model Code of Conduct given by the Election Commission of India for the guidance of political parties and candidates should be amended to the extent that effect is given to the sub section (3A) of section 123 of the RPA, 1951. The first part of the Code i.e. General Conduct should expressly provide a provision that prohibits any kind of speech that promotes, or attempts to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.

b. Hate speech poses complex challenges to freedom of speech and expression. Hence, new provisions in IPC are required to be incorporated to address this issue. Amendments to the IPC, 1860 and the Code of Criminal Procedure, 1973 by adding new provisions on ‘Prohibiting incitement to hatred’ provocation of violence in certain cases’ following section 505 IPC, and accordingly amending the First Schedule of CrPC.

2. ADR believes that strict action must be taken against the candidates giving hate speech prior to and during the elections, and against the elected legislators even after the elections if found guilty of indulging in ‘Hate Speech’.

3. The Internet is an important tool for disseminating information and opinions; however, it also serves as a platform for disseminating unlawful speech. Political parties have been misusing the medium for unlawful statements. Hence, it is recommended that such unlawful statements on online platforms should be monitored and if the person is found guilty, they should be penalised.

4. Political Parties must not give tickets to the candidates who have declared serious criminal cases against themselves.

5. Cases against MPs and MLAs should be fast-tracked and decided upon in a time-bound manner.

Summary and Highlights

A total of 107 Current MPs and MLAs have declared cases related to hate speech.

Sitting MPs with Declared Cases related to Hate Speech: 33 of our sitting MPs have declared cases related to Hate Speech.

State wise MPs with Declared Cases related to Hate Speech: 7 Sitting MPs with Cases related to Hate Speech are from Uttar Pradesh, 4 MPs are from Tamil Nadu, 3 each from Bihar, Karnataka and Telangana, 2 each from Assam, Gujarat, Maharashtra and West Bengal and 1 MP each from Jharkhand, Madhya Pradesh, Kerala, Odisha and Punjab.

Party wise MPs with Declared Cases related to Hate Speech: 22 Sitting MPs with Cases related to Hate Speech are from the BJP, 2 MPs are from INC and 1 each is from the AAP, AIMIM, AIUDF, DMK, MDMK, Pattali Makkal Katchi, Shiv Sena (Uddhav Balasaheb Thackeray), Viduthalai Chiruthaigal Katchi and 1 Independent MP.

Sitting MLAs with Declared Cases related to Hate Speech: 74 of our sitting MLAs have declared cases related to Hate Speech.

State wise MLAs with Declared Cases related to Hate Speech: 9 each sitting MLAs with Cases related to Hate Speech are from Bihar and Uttar Pradesh, 6 each from Andhra Pradesh, Maharashtra and Telangana, 5 each from Assam and Tamil Nadu, 4 each from Delhi, Gujarat and West Bengal, 3 each from Jharkhand and Uttarakhand, 2 each from Karnataka, Punjab, Rajasthan and Tripura and 1 MLA each from Madhya Pradesh and Odisha.

Party-wise distribution of MLAs with Declared Cases related to Hate Speech: 20 Sitting MLAs with Cases related to Hate Speech are from the BJP, 13 are from the INC, 6 are from AAP, 5 each from SP and YSRCP, 4 each from DMK and RJD, 3 each from AITC and SHS, 2 from AIUDF and 1 each from AIMIM, CPI(M), NCP, Suheldev Bharatiya Samaj Party, TDP, Tipra Motha Party, TRS and 2 are Independent MLAs.

Recognized parties given tickets to candidates with declared cases related to Hate Speech: In the last 5 years, 480 candidates with declared cases related to Hate Speech have contested elections for State Assemblies, Lok/Rajya Sabha.

Sitting MPs/MLAs with self-declared Cases Related to Hate Speech

MPs & MLAs	Total number of Sitting MPs/MLAs analyzed	Number of sitting MPs/MLAs with declared cases related to Hate Speech
MPs	763	33
MLAs	4005	74
Total	4768	107

Table: Sitting MPs/MLAs with self-declared Cases Related to Hate Speech

State Wise Sitting MPs/MLAs with Declared Cases Related to Hate Speech

Figure: State Wise MPs/MLAs with declared cases related to hate speech

State	Number of MPs/MLAs with Declared Cases related to Hate Speech
Uttar Pradesh	16
Bihar	12
Tamil Nadu	9
Telangana	9
Maharashtra	8
Assam	7
Andhra Pradesh	6
Gujarat	6
West Bengal	6
Karnataka	5
Delhi	4
Jharkhand	4
Punjab	3
Uttarakhand	3
Madhya Pradesh	2
Odisha	2
Rajasthan	2
Tripura	2
Kerala	1
Total	107

Table: State Wise MPs/MLAs with declared cases related to hate speech

Party Wise MPs/MLAs with Declared Cases Related to Hate Speech

Figure: Party wise MPs/MLAs with declared cases related to hate speech

Party	Number of MPs/MLAs with Declared Cases related to Hate Speech
BJP	42
INC	15
AAP	7
DMK	5
SP	5
YSRCP	5
RJD	4
AITC	3
AIUDF	3
Independent	3
SHS	3
AIMIM	2
CPI(M)	1
MDMK	1
NCP	1
Pattali Makkal Katchi	1
Shiv Sena (Uddhav Balasaheb Thackeray)	1
Suheldev Bharatiya Samaj Party	1
TDP	1
Tipra Motha Party	1
TRS	1
Viduthalai Chiruthaigal Katchi	1
Total	107