-
October to December 2025 Article ID: NSS9541 Impact Factor:8.05 Cite Score:22 Download: 5 DOI: https://doi.org/ View PDf
Hate Speech Laws in India: Balancing Free Speech and Public Order
Sarvesh Kumar
Research Scholar, Jiwaji University, Gwalior (M.P.)Dr. Surya Sharma
Assistant Professor, Govt. Law College, Datia (M.P.)
Abstract : Hate speech poses a significant challenge to democratic societies, especially in diverse nations like India where linguistic, religious, and cultural pluralism coexist. While the Indian Constitution guarantees the fundamental right to freedom of speech and expression under Article 19(1)(a), this right is subject to reasonable restrictions, including those aimed at maintaining public order, morality, and the sovereignty of the state. The regulation of hate speech involves a delicate balancing act between safeguarding free expression and preventing speech that incites violence, discrimination, or hostility against communities. This paper examines the constitutional provisions, statutory framework, and judicial interpretations concerning hate speech in India, while critically evaluating whether existing laws strike the right balance between liberty and security. It also explores challenges in enforcement, the impact of social media, and the potential need for a comprehensive hate speech law.
Keywords: Hate Speech, Free Speech, Article 19, Public Order, Indian Penal Code, Reasonable Restrictions, Constitution of India, Supreme Court of India, Social Media Regulation.
