BALANCING FREE SPEECH AND HATE: THE NEED FOR A CLEARER HATE SPEECH LAW IN INDIA
AUTHOR – PRANAV KUMAR KASHYAP, STUDENT AT JHARKHAND RAI UNIVERSITY
BEST CITATION – PRANAV KUMAR KASHYAP, BALANCING FREE SPEECH AND HATE: THE NEED FOR A CLEARER HATE SPEECH LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 804-810, APIS – 3920 – 0001 & ISSN – 2583-2344.
In India’s dynamic democratic setup, the freedom of speech guaranteed under Article 19(1)(a) of the Constitution plays a crucial role in promoting public debate, dissent, and creative expression. However, this right is not without boundaries. Article 19(2) permits the state to impose reasonable restrictions, particularly in the interest of maintaining public order—a provision that is increasingly invoked to limit speech considered offensive. In recent years, the rise in hate speech, especially on digital platforms, has deepened the conflict between protecting free expression and ensuring communal harmony.