Hate speech
Topic: Political Theory: Freedom and Rights · NCERT: Class 11, Ch 2 "Freedom"
Meaning
Hate speech is speech or a campaign that stirs up hatred against people or puts them in danger. It seriously harms other people's freedom, so the state may restrict it. But NCERT says the punishment must be proportionate, meaning not more than the harm needs. Banning a meeting may be fine, but life imprisonment would destroy freedom itself. In Indian law, it is covered by BNS s. 196 (formerly IPC 153A) and s. 299 (formerly IPC 295A).
Example
The Law Commission's 267th Report (2017) proposed new hate-speech offences. But in Ashwini Kumar Upadhyay (29 April 2026), the Supreme Court said the existing law is enough. The real problem, it said, is weak enforcement.
Don't confuse with
- Sedition: this was about speech against the state (old s. 124A, now partly BNS s. 152). Hate speech targets groups of people.
- Defamation: this harms one person's reputation. It is a separate Art. 19(2) ground.