500% rise in hate speech cases against politicians since 2014: SC told

New Delhi: The Supreme Court was informed on Tuesday that there has been an almost 500 per cent rise in reported hate speech cases against politicians and public functionaries since 2014, Live Law reported.

The submission was made on behalf of the petitioner in a case concerning the extent of the right to free speech of public functionaries such as ministers.

The case stems from the Bulandshahar rape incident wherein a Minister of the State, Azam Khan had dismissed the incident as a "political conspiracy and nothing else".

The petitioner claims that over the course of time, there have been numerous instances of 'hate speech' carried out in the guise of Freedom of Speech and Expression.

He relied on data collected by NDTV to claim that from May 2014 to the present, there have been 124 reported instances of VIP derogatory speeches by 45 politicians, compared to 21 instances under the earlier regime (prior to 2014).

He cited numerous derogatory statements made by such functionaries— One allegedly made by a BJP and RSS leader for "wiping out" of two particular religious communities.

The petitioner said such speeches propagated by political leaders exemplify their exclusionary agenda and provide fertile ground for incitement to violence.

"Hate speech expressed at the highest levels of political authority remains unchecked, and new policies have exacerbated a climate of inter-communal tension and impunity for offenders. In many other occasions, even when there is no communal anger, the derogatory speeches can diminish the dignity, self-esteem and privacy of citizens or their collectives, especially the marginalised and vulnerable," the written submissions state.

He also blames social media platforms such as Twitter, Facebook, Instagram for having "connived" the proliferation of targeted hate speech.

The petitioner submitted that the issue is not the non-existence of laws against hate speech but rather, lack of effective and fair implementation of these laws. He emphasised that laws against hate crimes are often selectively applied.

However, he cautiously added that a solution to this needs to be materialised without creating a chilling effect on public functionaries who would require functional independence and autonomy.

It is, therefore, urged that the legislature be directed to consider adopting a "Voluntary Model Code of Conduct" for persons holding public offices.