New Delhi: BJP member and Advocate Ashwini Upadhyay has filed a Public Interest Litigation in the Supreme Court to implement Law Commission Report no.267 on Hate Speech.
The commission's 267 report suggested amendments to the Indian Penal Code,1860 and the Code of Criminal procedure,1973 by adding new provisions on 'Prohibiting incitement to hatred' following section 153B IPC and 'causing fear, alarm or provocation of violence in certain cases' following section 505 IPC, and accordingly amending the First Schedule of the CrPc.
Upadhyay through his PIL said that representation of people's act, appealing to people on the grounds of religion, race, caste, community or language etc and promotions of feelings of enmity between different classes constitute a corrupt practice. But this corrupt practice can be questioned only through election petition in case of winning candidates and there is no provision of questioning the lost candidates even by-election petition.
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The petition says that particularly since 1990 it has been observed that hate speech is made to support a particular party or a candidate which goes against the basic dictum of a "sovereign socialist secular democratic".
Stating the grounds the petition reads, "Hate speech has the potential of provoking individuals to commit acts of terrorism, genocides, ethnic cleansing etc." It offends the fundamental rights of an individual which are guaranteed under the constitution.
