Educating Citizens to Combat Hate Speech: Insights from Justice Abhay Oka

Last Updated on April 12, 2025 by NewsDesk SLC

During a recent webinar at Columbia Law School, Justice Abhay Oka of the Supreme Court emphasized the vital role of fraternity, as enshrined in the Indian Constitution, in addressing the pervasive issue of hate speech. He asserted that educating the public about the value of fraternity is essential for reducing instances of hate speech, particularly those targeting religious minorities and marginalized communities such as Scheduled Castes.

Justice Oka expressed concern over the continued prevalence of hate speech in India, noting that despite 77 years of independence and 75 years of constitutional democracy, many incidents still arise. He highlighted the need to balance the restriction of hate speech with the fundamental rights guaranteed by the Constitution, specifically Articles 19 (freedom of speech) and 21 (right to life). He argued that without these freedoms, artistic expression and individual dignity would be compromised.

While there is no formal definition of hate speech in Indian law, Oka explained that it generally involves inciting violence or animosity against specific groups. He pointed to various legal provisions that address hate speech, such as Section 124A of the Indian Penal Code, which pertains to sedition, and Section 153A, which prohibits promoting enmity between different groups. Particularly troubling, he noted, are the instances of hate speech directed against religious minorities and Scheduled Castes.

Justice Oka called for a nuanced approach to evaluating hate speech that considers the perspectives of rational individuals rather than those easily swayed by inflammatory rhetoric. He stressed the importance of fostering an informed citizenry to create a more harmonious society, reinforcing that public education should promote communal harmony.

In conclusion, Justice Oka’s advocacy for educational initiatives underscores a holistic strategy to mitigate hate speech in India. By instilling values of fraternity and understanding, it is possible to create a societal framework where respect for diversity prevails, ultimately reducing the incidence of hate speech. Through continued legal evolution, Oka believes that a balance can be struck between protecting freedom of expression and upholding human dignity.