Is India Demonizing Muslims in the Name of Freedom of Speech and Expression

In the words of Newton Lee, “[t]here is a fine line between free speech and hate speech. Free speech encourages debate whereas hate speech incites violence.” It has been argued by many that, “while tolerance for dissenting and contradictory expressions of opinion need protection on the ground of individual right of self-expression, the expression likely to cause social disruption cannot be allowed to be propagated.” Recently, the High Court of Punjab and Haryana notably held that “Freedom of speech does not entitle a person to make derogatory remarks/posts against any community or gender.” Though in most free speech cases before the Supreme Court of India this year, no relief was granted, except when the Central government did not object, which should necessarily be considered at first in light of “judicial evasion”. Thus, it is often argued that the crisis of legitimacy plaguing the Supreme Court under the current regime is now hidden in plain sight. As quoted, Jack Levin notes the connection between violence and hate speech and states that “hate speech at the top influences hate crimes at the bottom”. Hate speech arguably constructs its targets as those who are not only “discriminated against but are also seen by others as undesirable target and legitimate objects of hostility.” Therefore, the free speech jurisprudence in India faces several unexplored challenges, when Suresh Chavhanke’s idea of “UPSC Jihad” in his show on the “infiltration” of Muslims in Indian bureaucracy crossed a new line in hate speech. This is not the first instance of “Jihad” being explained in India, as Sudhir Chaudhary aired an entire show explaining the various kinds of “Jihad” through a plagiarised inflammatory chart, and the Hindu-right claim of a peculiar “Love Jihad” has sparked debate apropos individual liberty. Thus, it becomes pertinent to think, what comprises free speech, what is the level to be achieved for hate speech to come into purview, and thus the contention, is India demonizing Muslims on these pretexts under the current regime?