Freedom of Speech V. Hate Speech in India

Abstract

This article analyses the often complex and sensitive issue of freedom of expression and hate speech in India. The Constitution of India considers free expression as one of the fundamental rights that a democracy must provide, but ‘reasonable restrictions’ are necessary to safeguard public order and social peace. The paper attempts to outline the development of laws relating to speech, considers some important judicial rulings, and analyses recent changes in law such as the Bharatiya Nyaya Sanhita, 2023. Using case studies and global examples, it draws attention to the challenges arising from digital technologies and politics. The article goes further to examine the ethics and philosophy of speech and calls for a blend of freedom and accountability. Finally, it suggests ways to advance speech that strengthens democracy while encouraging moderation in inflammatory language, illustrating how speech can be used effectively to bring people together instead of tearing them apart.