Hate Speech under Article 19(1)(a): Conceptualising the Case for Constitutional Protection of Hate Speech under Indian Law

Abstract

In this paper I aim to argue the case for protecting hate speech in all its form and expression as protected speech. I start by showing how article 19(1) (a) was never meant to protect hate speech in any form and how such a conception was based on a faulty colonial understanding of freedom of speech which also influenced the constitution framers’ idea of the right. I argue that Indian hate speech laws are based on flawed assumptions, are vague and suffer from conceptual confusion by discussing various freedom of speech theories. I argue for a viewpoint neutral standard of restriction of speech and discuss the US constitution’s first amendment for developing Indian free speech jurisdiction and modifying article 19(2).

Keywords: Hate speech, freedom of speech, first amendment, article 19