Hate speech in elections

Polity & Governance glossary

Topic: Electoral Reforms: Money, Criminalisation and Simultaneous Elections · NCERT: Beyond NCERT

Meaning

Hate speech in elections is speech that promotes enmity or hatred between groups of people. The grounds may be religion, race, caste, community or language. In elections it is treated in three ways:

  • it is a corrupt practice under Section 123(3A) of the RPA 1951, so proof can void the election;
  • it is an electoral offence under Section 125 of the RPA 1951;
  • it is also a crime under Section 196 of the Bharatiya Nyaya Sanhita (BNS) 2023.

It matters because hate speech can divide voters and lead to violence during the campaign.

Example

Suppose a candidate's rally speech tells one community that another community is its enemy and must be kept out. The Election Commission can act against the candidate under the Model Code of Conduct (MCC), as it did with campaign bans in 2019. The police can also register a case under the BNS. A rival candidate can challenge the election result for a corrupt practice.

Don't confuse with

  • Appeal on grounds of religion or caste (Section 123(3)): this means asking for votes on the basis of identity. Hate speech means stirring up enmity or hatred between groups.

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