Stop
Hate Speech
Communalism
Combat
April 2003
There are at
long last some indications that a few states at least
are awakening to their constitutional duty to control the insidious
saffron agenda of systematically spreading hatred against religious
minorities as a prelude to violence. A countrywide action in this regard
by concerned citizens and groups could go a long way in checking the
burgeoning hate industry
The Citizens
for Justice and Peace, Mumbai, and other concerned citizens from Mumbai
have recently petitioned the Supreme Court of India with the object
of curbing hate speech. The apex court has issues notices to the two
accused - Gujarat chief minister, Narendra Modi, and the VHP's working
president Ashok Singhal. The court also directed the governments of
Gujarat, Maharashtra (where the complaints were filed) and Punjab (where
Singhal made his offensive speech) and the police machinery of these
states to investigate whether the offences were committed and report
back to the court.
Citizens and
activists need to be on a constant alert as regards hate speech and
writing. As many readers of CC will be aware, there are laws against
this sort of abuse that are faulty but which we need to invoke, and
use in order that a sustained campaign can be built for their reform
and revision.
The first step
towards acting on hate speech is to be alert in order
to monitor/ tape/video-tape the entire text of such a speech.
Sections 153A and 153B of the Indian Penal Code (IPC) oblige the state
to prosecute those guilty of such violations. Section 295 of the CrPC
is also a section that can be invoked whenever there are deliberate
attempts to disrupt communal harmony.
Thereafter,
it is imperative to file a first information report
(FIR). Experience shows that in the current political climate the
police does not register an FIR and begin an investigation, even
though duty bound to do so, unless it has clear political directions.
Hence it is important for concerned citizens or organisations to
register a complaint (either in person or by registered post) and,
thereafter, if the police does not act, approach the courts to ask
that such offences get investigated.
Reproduced below
is the format in which the complaints were filed by a member of the
Citizens for Justice and Peace, Mumbai and others which activists might
wish to use:
To,
The Duty Officer
in-charge
Police Station
City/District
State
Subject: Complaint/FIR
against (FULL NAME OF ACCUSED/ ORGANISATIONAL AFFILIATION AND DESIGNATION/ADDRESS
OF ACCUSED) under Sections 153A, 153B and 505 of the Indian Penal Code
1) The text
of the speeches made/pamphlets distributed etc need to be detailed,
especially those passages that clearly offend sentiments and create
a communal atmosphere.
2) State that
after they were published/telecast, the statements have not been denied
by the accused.
3) Point out
that the above statements are a grave threat to peace
and the unity and integrity of India. Especially so, in view of the
sensitive communal atmosphere after the Gujarat carnage which left tens
of thousands of people (a majority of them Muslims) homeless, more than
a thousand killed and innumerable women raped. That these statements
violate S.153-A, 153-B, 505(1) and (2) of the Indian Penal Code. (Section
501(1) and (2) are also sections on Hate Speech and therefore strengthens
the case).
4) Mention that
S.153-A of the Indian Penal Code states:
(1) Whoever-
a) by words,
either spoken or written, or by signs or by visible
representation or otherwise, promotes, or attempts to promote on
grounds of religion, race, place of birth, residence, language, caste
or community or any other ground whatsoever, disharmony or feeling of
enmity, hatred or ill-will between different religious, racial, language
or regional groups castes or communities, or
b) commits any
act which is prejudicial to the maintenance of harmony between different
religious, racial, language, or regional groups or castes or communities
and which disturbs or is likely to disturb the public tranquillity,
c) shall be
punished with imprisonment which may extend to three years, or with
fine or with both.
5) Mention that
S.153-B of the IPC states:
(1) Whoever,
by words either spoken or written or by signs or by
visible representations or otherwise, -
(a) makes or
publishes any imputation that any class of person
cannot, by reason of their being members of any religious, racial,
language or regional group or caste or community, bear true faith and
allegiance to the Constitution of India as by law established or uphold
the sovereignty and integrity of India, or
(b) asserts,
counsels, advises, propagates or publishes that any
class of person shall, by reason of their being members of any
religious, racial, language or regional group or caste or community,
be denied or deprived of their rights as citizens of India, or
(c) makes or
publishes any assertion, counsel, plea or appeal
concerning the obligation of any class of persons, by reason of their
being members of any religions, racial, language or regional group or
caste or community, and such assertion, counsel, plea or appeal causes
or is likely to cause disharmony or feelings of enmity or hatred or
ill-will between such members and other persons,shall
be punished with imprisonment which may extend to three years, or with
fine, or with both.
6) Relevant
extract of Section 505 reads as under:
" (1) Whoever
makes, publishes or circulates any statement rumours or reports,
(a) ..
(b) with intent
to cause or which is likely to cause fear or alarm to
public or to any section of public whereby any person may be induced
to commit an offence against the state or against the public tranquillity,
or.
(c) with intent
to incite or which is likely to incite any class or
community of persons to commit any offence against any other class or
community: shall be punished with imprisonment which may extent to three
years or with fine or with both.
(2). Whoever
makes, publishes or circulates any statements or report
containing rumours or alarming news with intent to create or promote
or which is likely to create or promote, on grounds of religion,feeling
of enmity, hatred or ill will between different religious, racial, language
or regional groups or castes or communities shall be punished with imprisonment
which may extent to three years or with fine or with both."
7) As per the
above statements of (FULL NAME OF ACCUSED), the minority community in
various parts of India is likely to feel more insecure and threatened
by these statements. Besides, such statements are bound to generate
communal disharmony or feelings of ill will, enmity and hatred between
different religious groups. It is also an act which is prejudicial to
the maintenance of harmony between different religious groups and is
likely to disturb the public tranquillity. The above statements also
amount to imputing that Muslims do not bear true faith and allegiance
to the Constitution of India or uphold the sovereignty and integrity
of India. The statement also propagates and asserts that Muslims be
denied or deprived of their rights as citizens of India. It lastly amounts
to an assertion concerning Muslims which is likely to cause disharmony
or feeling of ill will between Muslims and others. The statement also
is likely to provoke some Hindus to commit offences against Muslims
and also amounts to alarming news which is likely to lead to all the
above.
8) As per the
1991 census, Muslims constitute 12.12% of the
population of India. The Hindus constitute 82.00%. Muslims constitute
a minority religious community in most of the states.
9) Such wide-scale,
alarming and false attack on Muslims, their
population and their religious schools leads to an apprehension that
such statements could create and contribute to an atmosphere of causing
communal carnage elsewhere in the country, and that the minority Muslim
community could face widespread persecution.
10) As declared
by the Supreme Court of India, secularism is part of the basic structure
of our Constitution and these statements of (NAME OF ACCUSED) attack
the very fabric of our Constitution.
11) I am making
this complaint in my capacity as a citizen of India
and under my fundamental duty to uphold the Constitution of India as
laid down under Article 52 of the Constitution. The offence is likely
to have an all India impact and as such falls also within your
jurisdiction.
12) (NAME OF
ACCUSED) has committed an offence under S. 153A, S. 153 B and S. 505(1)
and (2) of the Indian Penal Code. Hence, cognisance should be taken
of this complaint by treating it as an FIR, the matter be investigated
into, and necessary action, including arrest and prosecution, be taken
forthwith against (NAME OF ACCUSED).
13) Please keep
the undersigned informed about the developments and let me know immediately
about the steps you propose to take against (NAME OF ACCUSED). We have
already applied for sanction of the necessary authorities but you are
also requested to apply for the necessary sanction. Copies for the applications
for sanction are enclosed for your ready reference.
Sincerely,
Name and signature
of complainant.