Defining Hate Speech in Electoral Discourse: Legal Challenges and Framework in India

Abstract

The primary ethos of the idea of India lies in a just and unbiased democratic process. The secular polity that India cherishes is laid on the foundations of a staunch commitment to creating an inclusive society where every citizen is guaranteed individual rights and liberty. The pluralist and inclusive society faces a persistent and perpetual threat from the schismatic political rhetoric amplifying polarizing political narrative.

The political jibes and rhetoric are proving detrimental to the notion of coexistence in India. The exponential surge in political hate speeches is the endeavors aiming to vilify the candidate or his community thereby creating political polarization and harnessing voter sentiments. One of the core obstacles in dealing with hate speech is that it is a phenomenological concept with no exhaustive definition and no directly associated criminal attributes.

The lack of any explicit legal provision in the criminal law or under the Representation of People Act, 1951 makes it further difficult to control this spike. The existing model code of conduct is toothless because of the lack of proper enforcement mechanisms. Hate speech ignites emotional sentiments as well as influences public behavior leading to further violation of not only the legal provisions but also tarring the social fabric. The beliefs stemming from these speeches result in social harassment, radicalization, and violent conflicts between communities. Further with the advancement of social media, online harassment, and cyberbullying are prominently found.

This research paper aims to exhaustively review the interaction of the criminality of hate speech and the associated political polarization. An extensive examination of the various definitions of hate speech is done here discussing the Indian and international perspectives. The consequential impact of hate speech on the electoral outcomes is also assessed here. The last part is dedicated to examining the existing legal framework for curbing hate speech during the electoral process.

The research identifies gaps in the present mechanism and provides suggestions for fostering a conducive electoral environment in the country.