A total of 107 sitting MPs and MLAs have declared cases of hate speech against them, nearly 40% of them from the Bharatiya Janata Party (BJP), a new report has revealed.
The report, compiled by the Association of Democratic Reforms (ADR) and National Election Watch (NEW), was released on Tuesday. It has been compiled by analysing the self-sworn affidavits of all sitting MPs and MLAs that were filed prior to the last election they contested.
While hate speech has not been defined, according to the Law Commission Report no 267; Sections 153(A), 153(B), 295(A), 298, 505(1) and 505 (2) of the Indian Penal Code deal with hate speech. In addition, Section 8, Section 123 (3A) and Section 125 of the Representation of the People Act, 1951 also deal with candidates whose acts amount to hate speech.
According to the report, 33 of the total 763 sitting MPs and 74 of the total 4,005 sitting MLAs whose self-sworn affidavits were analysed, have declared cases of hate speech.
Among political parties, the BJP has the most number of MPs and MLAs with declared cases of hate speech.
The report said that of the 33 sitting MPs who declared cases of hate speech, 22 are from the BJP.
The other parties with MPs with declared cases of hate speech include two from the Congress, one each from the Aam Aadmi Party (AAP), AIMIM, AIUDF, DMK, MDMK, Pattali Makkal Katchi, Shiv Sena (Uddhav Thackeray), Viduthalai Chiruthaigal Katchi and one independent MP.
Of the 74 MLAs who declared cases related to hate speech, 20 are from the BJP.
The other parties with MLAs with declared cases of hate speech include 13 from the Congress, six from the AAP, five each from the Samajwadi Party and YSR Congress Party, four each from the DMK and the RJD, three each from the Trinamool Congress and Shiv Sena, two from AIUDF and 1 each from AIMIM, CPI(M), NCP, Suheldev Bharatiya Samaj Party, TDP, Tipra Motha Party and BRS. Two independent MLAs also have cases relating to hate speech against them.
In terms of states, Uttar Pradesh tops the list with seven sitting MPs having cases related to hate speech.
This is followed by four from Tamil Nadu, three each from Bihar, Karnataka, and Telangana. Two MPs each are from Assam, Gujarat, Maharashtra and West Bengal while one MP each from Jharkhand, Madhya Pradesh, Kerala, Odisha and Punjab have cases related to hate speech.
Among MLAs, nine are from Bihar and Uttar Pradesh each.
In addition, there are six MLAs each with declared criminal cases of hate speech from Andhra Pradesh, Maharashtra and Telangana, five each from Assam and Tamil Nadu. There are four MLAs each from Delhi, Gujarat, and West Bengal and three each from Jharkhand and Uttarakhand. Two MLAs each from Karnataka, Punjab, Rajasthan and Tripura have declared cases related to hate speech along with one MLA each from Madhya Pradesh and Odisha.
The report said that in the last five years, a total of 480 candidates with declared cases related to hate speech have contested elections for state assemblies, Lok Sabha and Rajya Sabha.
“By giving tickets to candidates who have been charged with cases related to hate speech especially promoting enmity between religious groups and for committing acts that are intended to outrage religious feelings, political parties have been in a way abetting circumstances that lead to events such as communal riots and violence between different groups of people,” the report said.
ADR said it supports some recommendations made by the Law Commission’s report to control hate speech. It said, “Hate speech poses complex challenges to freedom of speech and expression. Hence, new provisions in IPC are required to be incorporated to address this issue. Amendments to the IPC, 1860 and the Code of Criminal Procedure, 1973 by adding new provisions on ‘Prohibiting incitement to hatred’ provocation of violence in certain cases’ following section 505 IPC, and accordingly amending the First Schedule of CrPC,” it said.
ADR said strict action must be taken against the candidates giving hate speech prior, during and after elections if found guilty of hate speech. It said the social media platforms have been misused by political parties to make “unlawful” statements. “Hence, it is recommended that such unlawful statements on online platforms should be monitored and if the person found guilty, they should be penalised,” ADR recommended.
This article was originally published in The Wire and can be read here.