Kerala High Court flags inadequate punishment for hate speech while rejecting BJP leader’s bail plea

The Kerala High Court on Friday flagged gaps in India’s hate speech laws while rejecting Bharatiya Janata Party leader PC George’s plea for anticipatory bail in a hate speech case, Live Law reported.

Justice PV Kunhikrishnan rejected George’s petition citing his history of making communal remarks, including derogatory comments against Muslims that he made during a televised debate on January 5, Bar and Bench reported.

The judge noted that the law does not impose stricter penalties on repeat offenders and urged Parliament and the Law Commission to review the provisions.

“Nowadays, there is a tendency to make statements based on religion, caste etc.,” Live Law quoted from Friday’s order as saying. “These are against the basic structure of our Constitution. These tendencies should be nipped in the bud.”

As per current provisions, a jail sentence is optional for hate speech offences as the court has the discretion to pass a sentence or issue a fine instead.

Under the Bharatiya Nyaya Sanhita, hate speech is governed by Section 196(1)(a), pertaining to the “promotion of enmity between different groups on grounds of religion”, and Section 299 related to “deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs”.

Both sections stipulate a penalty of imprisonment for up to 3 years for hate speech offences,…

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