How can hate speech be tackled in India? 🇧🇷 NIC OUT (2023)

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Context:An FIR was recently filed against a leader in Uttarakhand for encouraging hostility between different sections of society. In this article, we will understand how free speech differs from hate speech and the reasons behind the increasing prevalence of hate speech in India. We will also discuss how to deal with hate speech cases from an Indian perspective.


  • Title:Sections 505(1) and 505(2), Section 19(1)(a), Representation of the People Act, 1951 (RPA), Shreya Singhal v. Union of India.
  • The net:GS Paper - 2 & Government Policies & Interventions, About Hate Speech, Reasons behind the rise of hate speech in Indian society and steps that can be taken to address such issues.

What is hate speech?

  • the afflictedis not defined in theindian legal frameworkNor can it be easily reduced to a standard definition due to the myriad of forms it can take.
  • Black's Law Dictionaryhas it as "language that carriesno meaningdifferent from thatExpression of hate towards a group.such as a particular race, particularly in circumstances where the communication is likely to provoke violence."
  • Based on this, the Supreme Court inPravasi Bhalai Sangathan vs. Union of India (2014)called hate speech"An attempt to marginalize individuals because of their membership in a group"and one that "seeks to delegitimize the members of the group in the eyes of the majority and diminish their social position and acceptance in society."

How is hate speech defined by different organizations/institutions?

  • CorrespondentEuropean Commission against Racism and Intolerance (ECRI),Hate speech encompasses many forms of expression that advocate, incite, encourage, or justify hatred, violence, and discrimination against an individual or group of people for a variety of reasons.
  • In report 267 of thelaw commission of indiaHate speech is defined asIncite hatred primarily against a group of peopledefined in terms of race, ethnicity, gender, sexual orientation, religious beliefs, and the like.
  • CorrespondentUnited NationsHate speech is any form of verbal, written, or behavioral communication that attacks, disparages, or discriminates against a person or group because of their identity, religion, ethnicity, national origin, race, color, ancestry, gender, or other identity factors. This is often rooted in and breeds intolerance and hatred, and can be demeaning and divisive in certain contexts.
  • European Convention on Human Rights:Similar,Article 10 paragraph 2of the European Convention on Human Rights, establishes appropriate obligations and restrictions on the exercise of the fundamental right to freedom of expression.
  • International Covenant on Civil and Political Rights (ICCPR):JoyaArticle 19 paragraph 3of the International Covenant on Civil and Political Rights, the right to freedom of expression may be regulated to respect the rights of others and in the interest of public order, public health or morality.
  • Article 20(2) of the International Covenant on Civil and Political Rights also provides that any promotion of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence is prohibited by law.

Legal Framework/Regulations on Hate Speech in India

  • According to the Indian Penal Code:
    • IPC Sections 153A and 153B:Punishes actions that create enmity and hatred between two groups.
    • IPC Section 295A:These are criminal acts that intentionally or maliciously offend the religious sentiments of a group of people.
    • Articles 505(1) and 505(2):Criminalize the publication and distribution of content that may incite ill will or hatred between different groups.
  • On behalf of the people's law:
    • Abschnitt 8 des Representation of People's Act, 1951 (RPA):Prevents a person convicted of illegally using free speech from running in an election.
    • Articles 123(3A) and 125 of the RPA:It prohibits the promotion of animosity based on race, religion, community, caste or language in connection with elections and includes it within corrupt electoral practices.
  • WhatHuman Immunodeficiency Virus and Acquired Immune Deficiency Syndrome(prevention and control)Act of 2017 (HIV/AIDS Act)aims at the well-being of people living with AIDS/HIV by prohibiting behavioral discrimination and social stigma towards them.§ 4 of this lawexpressly to such protection.
  • WhatFilm Act of 1952regulates the showing of films and frames various laws that give the state the power to take action against such showings of films.
  • Statements made by a person who is not a member of the SC or ST community to humiliate and hurt the SC and/or ST community will be dealt with in accordance with theAtrocity Prevention Act, 1989.

Freedom of expression versus hate speech: a constitutional perspective

  • The Indian constitution statesRight to liberty under article 19with the aim of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom in article 19 guarantees freedom of speech and expression as one of its six freedoms.
  • however lowArticle 19 paragraph 2, the constitution also provides thatreasonable restrictionsagainst freedom of expression in the interest of India's sovereignty and integrity, state security, friendly relations with foreign states, public order, propriety or good morals, or in connection with contempt of court, slander or incitement to commit a crime.
  • Why is there a fight between freedom of expression and the regulation of social networks?
    • Until the advent of social networks, there were adequate forums to express oneself, in particular radio, print media or television.
    • The prerogative of these platforms was to decide the content they published. In fact, the content was subject to the prior approval of the respective medium.
    • Therefore, if the private media refuses to publish the views of a citizen, the citizen cannot assert his fundamental right against a private party. Only if the state imposes restrictions that go beyondArticle 19 paragraph 2, the citizen has a legal recourse against the state.
    • While traditional media acted as publishers and maintained control over what was published, social media platforms have chosen to position themselves as mere technology platforms. Therefore, there isno prior approval for contentpublished on these platforms.
    • If the government or courts order the removal of the content, theInjured citizens can invoke their fundamental rights and go to courtto protect your freedom of expression.
    • When platforms (such as private non-governmental entities) remove content themselves, aggrieved citizens feel powerless because they cannot assert fundamental rights against a private party (the platforms in this case).
    • In some cases, the government itself asks platforms to remove certain content or ban some social media accounts when they spread violence, misinformation, or fake news.
  • How do social networks support hate speech?
    • Unregulated information sharing on the platform:As revealed in a report by an international media organization, Facebook is a symptom of a larger infection through the unregulated dissemination of information through social media.
    • Hate speech against Rohingya minorities:A Reuters investigation found that Facebook failed to adequately moderate hate speech and calls for genocide against Myanmar's Rohingya minorities.
    • Put business interests before the common good:It is even accused of conducting a psychological experiment on its users' emotions and other aspects of their personality. For example, Facebook was recently accused of conducting a psychological experiment on its users' emotions and other aspects of their personalities.
    • Unreasonable approach:Google has been accused of delaying the removal of malicious content even after volunteer groups reported it.

How can hate speech be tackled in India? 🇧🇷 NIC OUT (1)

Hate speech from a judicial perspective

  • The Supreme Court, inFederal State of Karnataka v. Praveen Bhai Thogadia (2004), stressed the need to maintain communal harmony to ensure the well-being of the people.
  • In themOtoño Pravasi Bhalai Sangathan, the Supreme Court emphasized the impact that hate speech can have on the responsiveness of the target audience and how it can be an incentive for further attacks.
  • AmG. Thirumurugan Gandhi c. Bundesland(2019),The Madras High Court declared that hate speech causes class discord and that the responsibilities associated with freedom of expression should not be forgotten.
  • Summarizing these legal principles, inAmish Devgan vs. Union of India (2020),The Supreme Court ruled that "hate speech has no redemptive or legitimate purpose other than hatred of a particular group."
  • Lack of established legal standard:The divergent decisions of the constitutional courts reveal the lack of established legal norms to define hate speech, particularly that which is disseminated through the digital medium.
  • Arup Bhuyan v. Assam State:The Court ruled that a mere act cannot be punished unless a person resorts to violence or incites another person to violence.
  • S. Rangarajan Etc Vs. Padre Jagjivan Ram:In this case, the Court ruled that freedom of expression cannot be suppressed unless the situation thus created is dangerous to the community/public interest, a danger that must not be remote, presumed or unreasonable. There must be a close and direct connection with the term thus used.

Government. contradicts India's ranking in the World Press Freedom Index

  • India moves up142 out of 180 countries in the 2021 World Press Freedom Index.
  • In the South Asian neighborhood, Nepal is at 106, Sri Lanka at 127, Myanmar (before the coup) at 140, Pakistan at 145 and Bangladesh at 152.
  • China ranks 177th, ahead only of North Korea at 179th and Turkmenistan at 178th.
  • What the report says about India
    • Prosecution:It is often used to muzzle journalists who are critical of the authorities.
    • Target women:It was noted that "campaigns are particularly violent when the targets are women."
    • Draconian Laws:He labeled several Indian laws such as "seditious", "state secrets" and "national security" laws as draconian.
    • Restriction to freedom of expression:The report has also highlighted restrictions on freedom of expression on social media.
    • Censorship on social networks:It was specifically mentioned that in India the "arbitrariness of Twitter's algorithms also led to brutal censorship."
  • Reserves held by India:
    • India along with many nations have reportedly been displeased with the findings of this report. It states that the media enjoy absolute freedom in India.
    • The government does not subscribe to their views and country rankings and does not agree with the conclusions drawn by this organization for several reasons:
      1. opaque methodology
      2. very small sample size
      3. Little or no emphasis on the fundamentals of democracy.
      4. Adoption of a questionable and non-transparent methodology
      5. Lack of a clear definition of press freedom, among others

Recent cases of hate speech in India

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  • in december theHaridwar Dharam Sansadtook place, where the level of hate speech continued to rise. The actors brazenly demandedviolence against muslims. Some of these comments bordered on calls for genocide. In fact, certain statements called for a repeat of the violence unleashed against the Rohingyas in Myanmar.
  • the controversialYati Narsinghanand,confronted by several FIRs in UP, he called for a "war against Muslims" and called for "Hindus to take up arms" to ensure that a "Muslim does not become prime minister in 2029."
  • The Supreme Court had a new opportunity to address the issue of hate speech in a case against television programs that were municipalizing the COVID pandemic with programs with anti-Muslim content.
  • In that case, the court expressed disappointment with the affidavit submitted by the Union government, saying it was "extremely evasive and shockingly lacking in detail." The court was also not happy with the union's revised affidavit.

A case of overcriminalization of speech

  • In 2015, in a dramatic and deeply emotional turn of events, Indian author Perumal Murugan announced his literary "death", withdrawing all his published works from the public domain on a promise never to write again.
  • This was the result of the intense backlash he faced from religious and caste groups who claimed that his fifth novel was titled"Madhorubagan"in tamil or"One Piece Woman"among other things, offending religious sensibilities, insulting the Kailasanathar Temple, Lord Shiva and the female worshipers, and appealing to lustful interest.
  • The plot of the novel revolved around a couplekali and ponna, and her struggles to conceive a child.
  • Objections to the novel centered mainly on thefictional representation of the tradition of an annual festival in Tiruchengodeworships the presiding deity of the Ardhanareeswarar temple.
  • Sanford Kadish denotes elPhenomena of "supercriminalization".in criminal law as an excessive abuse of rights to cover up behaviors that ideally should not concern the legislator.
  • Indeed, it must be addressed in the context of"Public Policy Objectives"instead of criminal law, that is"ill-adapted"to achieve the stated objectives.
  • most ofExpression crimes that penalize various forms of expressionthey have only gained in scope "by prohibiting a variety of crime prevention offenses that target risk-producing speech."
  • neither himProliferation of “criminal speech” provisions in criminal lawseems to be advancing relentlessly, with no empirical evidence of its effectiveness in actually combating the threat of malicious language.
  • It is in stark contrast to the principle of“alternative and less restrictive sanctions”which calls for the use of those regulatory options that serve the government's interest in prohibiting a particular type of speech, rather than criminalizing speech, which should ideally be a "last resort."

Main reasons for hate speech

  • sense of superiority:
    • People believe in stereotypes that arerooted in their headsand these stereotypes lead them to believe that aClass or group of people are inferior to them.and as such they cannot have the same rights as them.
  • Tenacity towards a certain ideology:
    • The stubbornness of sticking to a certain ideology without caringright to peaceful coexistenceadds fuel to the fire of hate speech.
  • Negative stereotype:People who are negative stereotypes make us thinkanother individual as inferiorand less dignified, which creates a sense of hate speech and the reason why negative stereotyping occurs is because of systems of oppression, discriminatory structures, etc.
  • Illiteracy:The lack of education prevents the integral development of an individual. However approx.23% of the populationin India he is illiterate. This prevents the development of tolerance and understanding of individuality in them.
  • Prejudice and bias:Bias against a particular group can be grounds for hate crimes. For example, 704 cases of crimes against people from North East Delhi in 3 years. You can incite hate crimes against them without making a distinction between guilty and innocent.
  • Lack of strong laws:Lack of strong and clear laws, poor enforcement results in low conviction rates. Therefore, the perpetrators can move freely.
  • Coordinated banking policy:Choose bank policies often, use various community or emotional tools to get the votes of some groups by stirring up hatred within them. They use fake stories, news, etc. to incite such incidents.

Challenges in regulating hate speech

  • freedom of expression:All social media content regulations must be followed.globally recognized standards of freedom of expressionand fairness, which is difficult to implement when it comes to content restrictions.
  • Independent regulator:An independent regulator can be abused in regions where the idea of ​​impartiality serves the will of the ruling regimes.
  • Privacy Policy:The introduction of data protection regulations, such as the European Union's General Data Protection Regulation (GDPR), indicated that the self-regulation of the platforms was not working as desired.
  • Lack of social consensus against hate speech:No matter how precise and unequivocal we try to formulate our concept of hate speech, it will inevitably reflect individual judgment.
  • In Europe, for example, Holocaust denial is a criminal offense, and is applied with some degree of success, precisely because there is a pre-existing social consensus about moral revulsion at the Holocaust.

Keep going

  • Many of the existing criminal provisions dealing with hate speech predate the Internet. The need of the hour isspecialized legislationthat willregulate hate speech spread onlineand especially social networks.
  • can be referredThe Australian federal law called the Criminal Code Amendment Act, 2019,It holds ISPs liable if they are aware of such egregious violent material, i.e. h Material that a reasonable person would find objectionable is accessible through the service they provide.
  • Criminal action:Legislators and political parties should suspend or fire members who are involved in hate crimes or engage in hate speech. Strict disciplinary action must be taken against such persons and parties.
  • Code of conduct:The European Union has also established a code of conduct to guarantee the non-proliferation of hate speech in the framework of a“Digital Single Market.“It requires collaborative, independent and inclusive regulation, tailored to regional and cultural idiosyncrasies, while adhering to global best practices for content moderation and privacy rights.
  • This was recommended by the Law Commission of provisions in IPCshould be included to address the problem of hate speech.


  • The measures commonly taken against modern hate speech have aWhackamol effectwhere the underlying goal of fomenting communal disharmony or hatred, despite the imprisonment of the perpetrator, survives forever through digital platforms or social media.
  • Therefore, it is important, in accordance with the best international standards, that specific and permanent legal provisionsfight hate speech,in particular, those shared online and through social media are promulgated by amending the Information Technology and IPC Act.
  • Ultimately, this would only be possible if there was hate speech.recognized as a reasonable restriction on freedom of expression.

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What is hate speech and how is it treated in Indian law? ›

Section 153A of the Indian penal code prohibits citizens from creating disharmony or feelings of enmity, hatred or ill-will between different groups of people.

How do you respond to an online hate speech? ›

Reach out to the person being targeted to support them. Tell a trusted adult about the situation. Report or flag the post to the website or app. Raise awareness about hate speech at school or in your community.

What is the United Nations Plan of Action on hate speech? ›

UN Strategy and Plan of Action on Hate Speech

The strategy emphasizes the need to counter hate holistically, while respecting freedom of opinion and expression, and to collaborate with relevant stakeholders, including civil society organizations, media outlets, tech companies and social media platforms.

What is another word for hate speech? ›

Hate speech is “discriminatory” (biased, bigoted or intolerant) or “pejorative” (prejudiced, contemptuous or demeaning) of an individual or group.

What is the law against hurting religious sentiments? ›

[295A. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

What is the freedom of expression of speech called? ›

Freedom of Speech - Article 19(1)(a) The Constitution of India guarantees freedom of speech and expression to all citizens. It is enshrined in Article 19(1)(a). This topic is frequently seen in the news and is hence, very important for the IAS Exam.

How do you respond to hate messages? ›

Simply put, just agree with them. For example, if someone says, “you're just a cruel person”; you can respond with, “yeah, sometimes I can be cruel”. This approach leaves your attacker with nothing else to say. It can be a great approach to help “take the wind out of the sails” of the aggressor.

How do you overcome hate comments? ›

How to Deal with “Haters”
  1. What is a "Hater?"
  2. How to Deal with Haters.
  3. Ignore it. Walk away. ...
  4. Block online haters. ...
  5. Be kind and respectful, even to haters. ...
  6. Stick with supporters. ...
  7. Remind yourself that comments from a hater are a reflection of them and aren't really about you. ...
  8. Understand criticism can be a sign of pain.
Oct 9, 2019

How do you protect yourself from online hate? ›

Five hot tips for anyone experiencing online hate
  1. Screenshot Evidence. By now it should be a universally accepted practice to screen grab or print out nasty stuff before you delete it. ...
  2. Find Allies. ...
  3. Block And Report. ...
  4. Resist The Urge To Retaliate. ...
  5. Take It Offline.
Dec 1, 2017

Is hate speech an ethical issue? ›

The prohibition of discrimination on the basis of race or nationality, which is a key element in any strategy to combat hate speech, is present in most professional codes of ethics agreed at national and international level.

What is an action plan for the United Nations? ›

An action plan is a written, signed commitment between the United Nations and those parties who are listed as having committed grave violations against children in the Secretary-General's Annual Report on Children and Armed Conflict.

How does the Constitution apply to hate speech? ›

The First Amendment makes no general exception for offensive, repugnant, or hateful expression. As Supreme Court Justice Oliver Wendell Holmes expressed so eloquently in his 1929 dissent in United States v.

What is a nice way to say hate? ›

Some common synonyms of hate are abhor, abominate, detest, and loathe.

What is a strong word for hate? ›

  • abhor.
  • despise.
  • detest.
  • loathe.
  • scorn.
  • shun.
  • abominate.
  • anathematize.

What best expresses the meaning of hate? ›

hate, detest, abhor, abominate, loathe mean to feel strong aversion or intense dislike for. hate implies an emotional aversion often coupled with enmity or malice. hated the enemy with a passion. detest suggests violent antipathy.

What does the freedom of speech protect? ›

Freedom of speech is the right to speak, write, and share ideas and opinions without facing punishment from the government. The First Amendment protects this right by prohibiting Congress from making laws that would curtail freedom of speech.

Which religion is in India? ›

India is home to 1.4 billion people – almost one-sixth of the world's population – who belong to a variety of ethnicities and religions. While 94% of the world's Hindus live in India, there also are substantial populations of Muslims, Christians, Sikhs, Buddhists, Jains and adherents of folk religions.

How can we protect religious freedom? ›

Pray that our freedoms will be preserved.
For an example, see how Utah House Bill 296 was passed.
  1. Get involved in the political process. Vote in your local, state, and national elections. ...
  2. Get to know people of other faiths. Talk with them about matters of shared concern. ...
  3. Volunteer for a charity.

Does India have freedom of speech? ›

The Constitution of India provides the right of freedom, given in article 19 with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom in Article 19 guarantees the freedom of speech and expression, as one of its six freedoms.

What is the importance of freedom of speech in India? ›

Right to freedom of speech and expression is one of those rights which form the basis of any democracy, as it encourages free will of people, to think in a way they wish to, have a different opinion and express it, healthy criticism of the governmental policies is a better, and brings about liberty of thoughts and ...

What are the 3 limits to freedom of speech? ›

Time, place, and manner. Limitations based on time, place, and manner apply to all speech, regardless of the view expressed. They are generally restrictions that are intended to balance other rights or a legitimate government interest.

How do you respond to someone who hates you? ›

The most direct way of dealing with the problem is to ask them what their problem with you is if they have not already made it clear. If it is their own personal problem, tell them to seek help and leave you out of it. It is important to remember that hurt people hurt people.

How do you deal with someone you hate? ›

Fortunately, with the right tactics, you can still have a productive working relationship with someone you can't stand.
  1. What the Experts Say. ...
  2. Manage your reaction. ...
  3. Keep your distaste to yourself. ...
  4. Consider whether it's you, not them. ...
  5. Spend more time with them. ...
  6. Consider providing feedback. ...
  7. Adopt a don't-care attitude.
Jan 30, 2012

How to treat someone who hates you? ›

The best thing you can do is always be polite, even to someone open about hating you. The reason is that you'll show others you can be the right person and that you can be the bigger person if it comes down to it.

How do I overcome hate on social media? ›

Here are a few tips:
  1. Always challenge the message, never the person who spread it.
  2. Use facts and data to call out generalisation and inaccuracies.
  3. Display the harm of hate speech by showing a different perspective. ...
  4. Be polite in your reply, don't become abusive yourself.
  5. Take a breath.
Feb 20, 2020

What are 2 ways to protect yourself online? ›

7 Tips for Protecting Yourself Online
  • Keep your computers and mobile devices up to date. ...
  • Set strong passwords. ...
  • Watch out for phishing scams. ...
  • Keep personal information personal. ...
  • Secure your internet connection. ...
  • Shop safely. ...
  • Read the site's privacy policies.

What are the 10 basic rules in protecting yourself online? ›

Here are our 10 most important tips for staying safe online.
  • Don't open mail from strangers. ...
  • Make sure your devices are up to date. ...
  • Use strong passwords. ...
  • Use two-factor authentication. ...
  • Don't click on strange-looking links. ...
  • Avoid using unsecured public Wi-Fi. ...
  • Back up your data regularly. ...
  • Be smart with financial information.

How can we protect from online abuse? ›

The first thing to do here would be to try and block the person from your social media network and on email. Adjust your settings on social media to block the person. If this option is not available, you may need to send a formal complaint/report to the social networking service.

What is the morality of hate speech? ›

Hate speech is a denial of the values of tolerance, inclusion, diversity and the very essence of human rights norms and principles. It may expose those targeted to discrimination, abuse and violence, but also social and economic exclusion.

What are examples of speech codes? ›

Many speech codes impermissibly prohibit speech on the basis of content and/or viewpoint. An example of this type of policy would be a ban on “offensive language” or “disparaging remarks.” Other speech codes are content-neutral but excessively regulate the time, place, and manner of speech.

What is hate speech in ethics? ›

Hate speech is speech that vilifies, harasses, intimidates, or incites hatred toward an individual or group on the basis of a characteristic such as race, ethnicity, religion, gender, or sexual orientation.

What are the 3 steps of an action plan? ›

Use the three-step process below to help you:
  • Step 1: Identify Tasks. Start by brainstorming all of the tasks that you need to complete to accomplish your objective. ...
  • Step 2: Analyze and Delegate Tasks. ...
  • Step 3: Double-Check With SCHEMES.

What are the 4 main goals of the United Nations? ›

Maintain International Peace and Security. Protect Human Rights. Deliver Humanitarian Aid. Support Sustainable Development and Climate Action.

What are 3 types of speech that are not protected by the Constitution? ›

Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial ...

What does the Constitution say about speech? ›

The First Amendment states, in relevant part, that: “Congress shall make no law... abridging freedom of speech.”

What are limits to freedom of speech? ›

Second, a few narrow categories of speech are not protected from government restrictions. The main such categories are incitement, defamation, fraud, obscenity, child pornography, fighting words, and threats.

What are some quotes about hate? ›

Hate cannot drive out hate; Love can do that.” 2. “No one is born hating another person because of the colour of his skin, or his background, or his religion. People must learn to hate, and if they can learn to hate, they can be taught to love, for love comes more naturally to the human heart than its opposite.”

What do you call a person who hates people? ›

misanthrope. noun. mis·​an·​thrope ˈmis-ᵊn-ˌthrōp. : a person who dislikes and distrusts other people.

How to say I hate you in text? ›

Code for I hate you, 182 is used in text messages and other text communication because "I" is one character, "hate" sounds like 8, and "you" sounds like 2.

What does God mean by hate? ›

When we hear that God hates something we are shocked by it, and yet, that is what the Bible clearly says (Psalm 5:4-5, etc.). The word used for "hate" in the 5th Psalm means "to have an aversion, unwilling or unable to put up with, to dislike intensely".

Who said hate is a strong word? ›

Hate Is a Strong Word by Cortney Lamar Charleston | Poetry Magazine.

What is hate in sentence? ›

I hate doing this. I hate having to do this. = I hate it when I have to do this. They hate being apart from each other.

What is the 3 form of hate? ›

The V3 form is “hated”.

How do you say I hate you in English? ›

3—I Loathe You.

What is Article 295 of Indian Constitution? ›

-- Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their ...

What is 295 Indian law? ›


Section 295 of the I.P.C makes destruction, damage, or defilement of a place of worship or an object held sacred, with intent to insult the religion of a class of persons, punishable with imprisonment which may extend to two years, or with fine , or with both.

What are the blasphemy laws in India? ›

295A of the Indian Penal Code. This section punishes “deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs” with imprisonment of up to three years, a fine, or both. You can refer to this section as India's primary blasphemy law.

Is sedition a crime in India? ›

Today the Sedition is a crime under Section 124A of the Indian Penal Code (IPC).

What is the 105th Amendment Act of Indian Constitution? ›

The 105 Constitutional Amendment Act restored state governments' power to prepare the Socially and Educationally Backward Classes (SEBC) list. As per the Supreme Court, the 102 Constitutional Amendment Act implied that the state governments did not have the authority to identify the SEBC.

What is Article 142 of the Indian Constitution? ›

What is Article 142? Definition: Article 142 provides discretionary power to the Supreme Court as it states that the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.

Is Section 295A bailable? ›

Section 295A is a cognisable, non-bailable, and non-compoundable offence.

What is punishment for fight in India? ›

Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

What is legally considered a threat in India? ›

Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person ...

What is Section 3 Indian law? ›

—Any person liable, by any 5 [Indian law] to be tried for an offence committed beyond [India] shall be dealt with according to the provisions of this Code for any act committed beyond [India] in the same manner as if such act had been committed within 6 [India]. Select Language.

What should be the punishment for blasphemy? ›

Death is mandatory in cases of blasphemy, for both Muslim men and women. Shafi'i – recognizes blasphemy as a separate offense from apostasy, but accepts the repentance of blasphemers. If the blasphemer does not repent, the punishment is death.

What is the punishment for blasphemy in Hinduism? ›

Dharmic religions, such as Hinduism, Buddhism and Jainism, have no concept of blasphemy and hence prescribe no punishment.

Is blasphemy against human rights? ›

Blasphemy is a serious wrongdoing in all monotheistic world religions. Blasphemy prohibitions have been brought into being and enforced so as to protect the dominant religion specifically. Religions as such, however, are not protected by international human rights law.

What is the punishment for sedition in us? ›

§2385. Advocating overthrow of Government. Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

Is sedition law still active in India? ›

The law on sedition is laid down in Section 124A of the IPC which states that a person will be charged with sedition if they “bring or attempt to bring into hatred or contempt, or excite or attempt to excite disaffection towards the Government established by law in India” through words, signs, or by visible ...

Is sedition legal in the US? ›

While the U.S. still criminalizes sedition in 18 U.S.C. § 2384, the First Amendment's free speech protections limit the extent to which states and the federal government can criminalize sedition.


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