Introduction

Since independence in 1947, the plurality of Indian democracy could be found in the fundamental principle of secularism enshrined in the preamble of the Indian Constitution. However, there has been a considerable decline in secularism since the rise of the Bharatiya Janta Party (BJP) under Narendra Modi, who came to power in 2014. Modi and the BJP have overseen an increase in religious discrimination, hate speech, and the violation of minority rights, particularly against India’s Muslim communities. This includes hate speech by politicians and members of political parties as well as by political supporters and vigilante groups. This year’s general elections have become a focal point for the struggle over secularism and the safety of minorities, largely due to an increase in hate speech by the ruling BJP and with it instances of violence, and with Modi looking to secure a third term in office. Observers are alarmed, with the United Nations having recently expressed grave concern over continuous reports of attacks on religious, racial and ethnic minorities and on civil society and human rights groups, warning it will get worse over the campaign.^[i] For this reason, the Platform for Peace and Humanity’s Indo-Pacific programme is working to monitor, record and analyse instances of hate speech during the election campaign to highlight the danger it causes to minority communities, and to Indian secularism more broadly. This will take the form of this introductory article, before a report is released by the team in June 2024.

How is hate speech legislated in India?

Hate speech is defined as a form of speech “that can cause actual material harm through the social, economic and political marginalisation of a community.”^[ii] This often takes the form of distress or the incitement of violence against individuals, families or groups.^[iii] In India this is seen through systemic discrimination against marginalised minority communities, including Dalits, Muslims and Christians, by the government and the authorities.

The Indian Constitution guarantees the right to equality under Article 14, including the right to dignity. It also guarantees duties of the state and its citizens to promote harmony and fraternity, including for religious diversity. But the guarantee of free speech and expression under Article 19(1)(a) of the Constitution is not absolute and subject to ‘reasonable restrictions’, which include the interests of sovereignty and integrity of India, friendly relations with foreign states, public order, decency and morality, contempt of court, defamation, or incitement to an offence. 

India also doesn’t have a statute or clear-cut definition of hate speech; but a mixture of provisions scattered in various statutes ranging from the Indian Penal Code 1860 to Protection of Civil Rights Act 1955, which criminalise acts that could promote enmity between different group on grounds of religion and “deliberate and malicious acts, intended to outrage religious feelings of any class.“^[iv]  This patchwork of legal provisions, only loosely defining what may constitute hate speech, is a problem because a reported instance of hate speech is reliant on the courts, with said courts having the discretion to interpret the provision or provisions accordingly.^[v] This has meant that legitimate instances of hate speech are not dealt with and punished in a legitimate manner and allows for people to use hate speech with relative impunity.

Why is hate speech prevalent in India?

While communal violence between India’s ethnic groups has always existed, Partition in 1948 saw widespread and unprecedented violence, killing millions.^[vi] In the 1980s there were attacks against Bengali Muslims in Assam, Sikhs in Delhi and Muslims in different part of India, usually perpetrated by members of India’s Hindu majority.^{[vii] The} BJP’s promotion of exclusionary Hindu nationalism is traced back to this period, when it was involved in high profile cases of communal violence, including the infamous demolition of the Babri Masjid in 1992 by Hindu nationalists that killed 2,000 people.^[viii] The continued invocation of anti-minority sentiment and sectarian politics by the BJP is rooted in its founding Hindutva ideology, which is unashamedly Hindu nationalist, and part of the so-called formidable network of groups collectively called Sangh Parivar’, led by the Rashtriya Swayamsevak Sangh (or RSS).^[ix]

Since Modi rose to power in 2014, the BJP has instrumentalised Hindutva ideology to promote its agenda, which is spreading and mainstreaming Hindu nationalism, solidifying its hold on power through winning votes in Hindu dominated areas and democratic backsliding, and a culture of intimidation and violence against minorities.^[x] This has come in the form of inflammatory rhetoric and hate speech, with Modi, his ministers and BJP party members all guilty of using both to whip up hate with its political base and to encourage others to vote for the BJP out of perceived or misguided fears of minority groups. For example, Modi himself was accused by the Congress Party last month following remarks at an election rally where we claimed the former would favour Muslims if voted into power and that the community were ”infiltrators” who had “too many children”^[xi] This rhetoric has been paired with the spreading of ’love jihad’ conspiracy theories, mob lynchings, and legislation designed to water down hate speech protections and to target minority communities. The use of anti-minority rhetoric is also more insidious, with the Modi government using Indian cinema to promote pro-Hindu views while demonising Muslim ones, seen in movies The Kerala Story and Article 370. ^[xii]

Findings

The number of instances of hate speech against minority communities in 2023 and into 2024 reflects the desire of Modi to divide the electorate and push the party’s ideology. Washington-based India Hate Lab reported in February that there were 668 documented instances of hate speech targeting Muslims last year, with 413 in the second half of the year (a 63% increase). The vast majority (75%) of cases were perpetrated by the ruling BJP and six of the top eight states for hate speech were ruled by the BJP. 36% of these cases were a direct call to violence against India’s Muslim minority.^[xiii]

In 2024, cases of hate speech have increased as the election campaign ramped up, with human rights group Citizens for Justice and Peace (CJP) recording a spike in hate speech between January and April.^[xiv] Additionally, the Independent Panel for Monitoring Indian Election was formed to monitor the general election and to ensure election integrity. The Panel has also highlighted instances of hate speech and stated the Election Commission for India has systematically failed to prevent it.^xx  This author has monitored instances of hate speech between February and April and can confirm the rise in hate speech, particularly against Muslims. Notable cases include:

6 January 2024: Members of two right-wing Hindu groups, the Vishwa Hindu Parishad and Bajrang Dal put up posters around the ghats of Varanasi that read “non-Hindus are prohibited from visiting the Ganga’s bank in Varanasi.”^[xv]

25 February 2024: BJP politician and member of the Telengana Legislative Assembly, T. Raja Singh, spoke at a rally organised by Sakal Hindu Samaj in Mumbai, using derogatory words against Muslims, asked attendees to vow to work for a Hindu Rashtra and fight against ‘love jihad’, conversion and cow slaughter.^[xvi]

19 March 2024: BJP politician Shobha Karandaje accused Tamilians, Keralites and Muslims of terrorism and other crimes in the aftermath of a terror attack at the Rameshwaram Café in Bangaluru.^[xvii]

8 April 2024: Dhirendra Krishna Shastri, a religious preacher and Hindu nationalist promoted anti-Muslim conspiracy theory of ‘love jihad’ and forced religious conversion while also making calls for the destruction of mosques in Kashi and Mathura.^[xviii]

17 April 2024: T. Raja Singh made a provocative speech during the Ram Navami procession in Hyderabad, urging for 40,000 mosques would be reclaimed as temples.^[xix]

21 April 2024: Prime Minister Modi made disparaging comments against Muslims during a campaign in Rajasthan, alleging that the if victorious Congress would preference and distribute Hindu property, land and gold among Muslims.^[xx]

25 April 2024: JP Nadda, BJP President echoed comments made by Modi on 21 April 2024, alleging that Congress has a hidden agenda to give away the rights of Hindu’s to Muslims.^[xxi]

27 April 2024: Anurag Thakur, BJP member and Minister of Sports, Youth Affairs and Minister of Information and Broadcasting addressed a rally in Hamirpur, Himachal Pradesh, alleging that Congress wanted to “give your children’s property to Muslims, finish the nation’s nuclear weapons, divide the nation on casteism and regionalism”.^[xxii]

Between March and April, Rastriya Swayamsevak Sangh affiliated groups organized 12 separate public events attended by high-ranking politicians that included speech’s that discriminated or incited violence against minorities.^[xxiii]

Concerningly, while highlighted by this author, the media and human rights organisations, most perpetrators of hate speech are not held to account through legislation or the courts. For example, Modi’s inflammatory statements on 21 April led to complaints through the ECI and a case filed in the High Court of Delhi. However, the court dismissed the case stating the Prime Minister had not violated any legislation and that it was the role of the ECI to monitor and punish instances of hate speech.^[xxiv] Unaccountable hate speech has clear consequences, something its perpetrators know and embrace. As the election entered the third phase of polling on 8 May 2024, the CJP has reported that hate speech had doubled.^[xxv] With hate speech also comes threats, intimidation and violence, with cases of vandalism at the polling booths, leading to low a voter turnout in districts in Nagaland and Manipur. There have also been reported cases of violence in Manipur and West Bengal.^[xxvi]

Conclusion

The preliminary findings in this article, supported by the monitoring of human rights groups within and outside of India, clearly reflect a problem facing India and its democratic and secular values. In the quest for a third term, Modi and the BJP have undeniably stepped up the use of hate speech to divide India’s communities and to win votes in Hindu majority states. This presents two significant problems that warrant attention and further discussion. The first is the real threat of communal violence against minority groups because of hate speech, which has already been documented in 2023 and during the current election campaign. Modi’s embrace of hate speech in the campaign also raises questions about the integrity of the polls themselves, particularly when the ECI is unable or unwilling to hold politicians to account for clear instances of hate speech. With Modi on track to win the poll, impunity will only embolden the BJP to keep using hate speech to divide the community to push its ideology and stay in power. The basis of India’s democracy is the core value secularism, but with declining secularism and the promotion of communalism, the country appears firmly on the path of away from democracy and harmony between religious and ethnic groups. This can only be addressed through politicians acting in the best interests of all Indians through strong legislative measures against hate speech. Failing that, India’s judicial system needs to step up and protect India’s minorities where the government fails to do so. Otherwise, lives and communities are at risk.

^[i]  UNHRC (7 March 2024) ‘India: UN experts urge corrective action to protect human rights and end attacks against minorities in lead up to elections’, webpage (Accessed 8 May 2024) https://www.ohchr.org/en/press-releases/2024/03/india-un-experts-urge-corrective-action-protect-human-rights-and-end-attacks.

^[ii] The Wire (22 January 2022) ‘Hate speech: What it is and why it matters’, webpage (Accessed 17 April 2024) https://thewire.in/law/hate-speech-what-it-is-and-why-it-matters.

^[iii] 267th Law Commission Report (23 March 2017) ‘The hate speech’ Law Commission of India (Accessed 8 May 2024) https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022081654-1.pdf.

^[iv] Indian Penal Code 1860 Section 153A and 153 B (Accessed 8 May 2024) https://lddashboard.legislative.gov.in/sites/default/files/A1860-45.pdf.

^[v] Subhajit Basu and Shameek Sen (31 August 2023) ‘Silenced voices: unravelling India’s dissent crisis through historical and contemporary analysis of free speech and suppression’, Information & Communications Technology Law 33(1) 42–65 (Accessed 8 May 2024) https://doi.org/10.1080/13600834.2023.2249780.

^[vi] Minority Rights Group International (2017) ‘A narrowing space: Violence and discrimination against India’s religious minorities’, webpage (Accessed 17 May 2024) https://minorityrights.org/app/uploads/2024/01/mrg-rep-india-final.pdf.

^[vii] Ibid.

^[viii]  Aalok Sensharma (6 December 2020) ’28 years of Babri Masjid demolition: Here’s what happened on that fateful day’, Jagran (Accessed 20 May 2024) https://english.jagran.com/india/28-years-of-babri-masjid-demolition-heres-what-happened-on-that-fateful-day-10020795.

^[ix] Cherian George (22 February 2024) ‘The Rise of Hindu nationalism’, The MIT Press Reader (Accessed 17 May 2024) https://thereader.mitpress.mit.edu/the-rise-of-hindu-nationalism/.

^[x] MD Zeeshan Ahmad (18 June 2022) ‘How hate speech hollows Indian democracy’, The Leaflet (Accessed 18 May 2024) https://theleaflet.in/how-hate-speech-hollows-indian-democracy/.

^[xi] Anjana Pasricha (24 April 2024) ‘Modi accused of hate speech by opposition as India’s phased elections roll on’, Voice of America (Accessed 20 May 2024) https://www.voanews.com/a/modi-accused-of-hate-speech-by-opposition-as-india-s-phased-elections-roll-on-/7583241.html.

^[xii] Zoya Mateen and Meryl Sebastian (4 May 2024) ‘Bollywood and India Election: When Real and Reel Cross Paths’, BBC (Accessed 17 May 2024) https://www.bbc.com/news/world-asia-india-68553175.

^[xiii] India Hate Lab (25 February 2024) ‘Hate speech events in India – Report 2023’, webpage (Accessed 20 May 2024) https://indiahatelab.com/2024/02/25/hate-speech-events-in-india-2023-annual-report/.

^[xiv] Citizens for Justice and Peace (10 April 2024) ‘Several instances of hate speech in March and April mar the election cycle, demonise religious minorities before polls’, webpage (Accessed 16 April 2024)  https://cjp.org.in/several-instances-of-hate-speech-in-march-and-april-mar-the-election-cycle-demonise-religious-minorities-before-the-polls/.

^[xv] Azad Risvi (7 January 2024) ‘Hindu right-wing groups put up posters at Varanasi ghats warning non-Hindus not to visit’, The Wire (Accessed 22 May 2024) https://thewire.in/communalism/hindu-right-groups-put-up-posters-at-varanasi-ghats-warning-non-hindus-not-to-visit.

^[xvi] Express News Service (20 May 2024) ‘BJP MLA T Raja Singh booked for Mira Road hate speech’, The Indian Express (Accessed 20 May 2024) https://indianexpress.com/article/cities/mumbai/bjp-mla-t-raja-singh-booked-for-mira-road-hate-speech-9240552/.

^[xvii] Devesh Kumar (19 March 2024) ‘Person from Tamil Nadu plants bomb’: Union Minister Shobha Karandlaje speaks outrage with remarks on Bengaluru blast’, LiveMint (Accessed 20 May 2024) https://www.livemint.com/news/india/bengaluru-cafe-blast-union-minister-shobha-karandlaje-remarks-sparks-outrage-rameshwaram-cafe-lok-sabha-elections-2024-11710864892168.html.

^[xviii] Citizens for Justice and Peace (27 April 2024) ‘Election 2024: The past fortnight of April 2024 saw the first phases of the Lok Sabha polls marred by repeat doses of hate speech’, webpage (Accessed 30 April 2024) https://cjp.org.in/elections-2024-the-past-fortnight-of-april-2024-saw-the-first-phases-of-the-lok-sabha-polls-marred-by-repeat-doses-of-hate-speech/.

^[xix] Citizens for Justice and Peace (18 April 2024) ‘Ram Navami celebrations 2024 calls for mosque desecration, sword displays and provocative slogan ignite tensions’, webpage (Accessed on 20 April 2023) https://cjp.org.in/ram-navami-celebrations-2024-calls-for-mosque-desecration-sword-displays-and-provocative-slogans-ignite-tensions/.

^[xx] Yashraj Sharma (22 April 2024) ‘Infiltrators: Modi accused of anti-Muslim hate speech amid India election‘, Al Jazeera  (Accessed 24 April 2024) https://www.aljazeera.com/news/2024/4/22/infiltrators-modi-accused-of-anti-muslim-hate-speech-amid-india-election.

^[xxi] LiveMint (26 April 2024) ‘BJP ignores EC notice, JP Nadda echoes PM Modi’s remark, says ‘Congress plots to Transfer SC-ST rights to Muslims’’, webpage (Accessed 21 May 2024) https://www.livemint.com/politics/news/lok-sabha-elections-2024-phase-2-voting-bjp-ec-jp-nadda-congress-indi-sc-st-obc-rights-to-muslims-hate-speech-pm-modi-11714113318927.html.

^[xxii] Ajmal Abbas (28 April 2024) ‘Congress wants to give your children’s property to Muslims: Anurag Thakur’, India Today  (Accessed 21 May 2024) https://www.indiatoday.in/elections/lok-sabha/story/anurag-thakur-claims-congress-wants-to-give-property-to-muslims-poll-rally-2532553-2024-04-28.

^[xxiii] Citizens for Justice and Peace (10 April 2024) ‘Several instances of hate speech in March and April mar the election cycle, demonise religious minorities before polls’, webpage (Accessed 16 April 2024)  https://cjp.org.in/several-instances-of-hate-speech-in-march-and-april-mar-the-election-cycle-demonise-religious-minorities-before-the-polls/.

^[xxiv] Akriti Anand (29 April 2024) ‘Delhi HC dismisses plea to disqualify PM Modi From elections for 6 years: Thoroughly misconceived’, LiveMint (Accessed 1 May 2024) https://www.livemint.com/news/india/delhi-hc-dismisses-plea-seeking-6-year-ban-on-pm-modi-from-elections-thoroughly-misconceived-11714382405700.html.

^[xxv] Citizens for Justice and Peace (2023) ‘Mapping hate in India: A map of hate incidents across India 2024’, webpage (Accessed 17 April 2024) https://cjp.org.in/hate-hatao/#hate-map.

^[xxvi] The Guardian (22 April 2024) ‘India to rerun election at some Manipur polling booths after violence’, webpage (Accessed 24 April 2024) https://www.theguardian.com/world/2024/apr/22/india-election-2024-rerun-manipur-polling-booths-violence.