Select a date Select month July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012 April 2012 March 2012 February 2012 January 2012 December 2011 November 2011 October 2011 September 2011 August 2011 July 2011 June 2011 Select a category Agriculture Bihar Votes For Its (and India’s) Future BUDGET 2014 Budget 2015: Modi’s Moment of Reckoning Budget 2016: The stories behind the numbers Chart of the Day Climate Change Cover Story Currency Chaos Development Education Elections 2014 Employment Fact Check Governance Newsletter Health homepage video Hunger India’s Great Challenge: Health & Sanitation IndiaSpend In The News IndiaSpend Interviews Industry Investigations Central State Latest Headlines Latest Reports Making Sense of Breaking News Modi’s Message: India’s States Reply Modi’s Report Card Mumbai Special Mumbai Special: The Revival Agenda Opinion – Videos Opinions Pollution Poverty Prime Time: India’s Grand Challenges Resources Central State Sectors Agriculture Defence Economy & Policy Education Health Infrastructure Snapshots States Central India Chattisgarh Madhya Pradesh EAST Bihar Jharkhand Orissa West Bengal NORTH Haryana Himachal Pradesh Jammu & Kashmir New Delhi Punjab Rajasthan Uttar Pradesh Uttarakhand NORTH EAST Arunachal Pradesh Assam Manipur Meghalaya Mizoram Nagaland Sikkim Tripura SOUTH Andhra Pradesh Karnataka Kerala Tamil Nadu WEST Goa Gujarat Maharashtra Story In A Minute The Air We #Breathe The Road To Delhi: Elections 2015 The Transition: 2015-2016 Uncategorized Viznomics: A Quick Glance At Big Issues Welfare Women Women@Work Women@Work Search with Google

Candidates with hate-speech cases against them were three times more successful in elections compared to those without a criminal record, according to an IndiaSpend analysis of self-disclosed crime records of candidates who have contested various elections nationwide over the last 12 years.

To put these data in perspective, over the last 12 years, 10% of candidates with no criminal cases won elections, while the figure was 20% for candidates with criminal cases of any kind.

As many as 70 members of Parliament (MPs) and members of legislative assemblies (MLAs) have hate-speech cases pending against them, according to their own disclosures to the Election Commission (EC) of India.

A season of hate speeches by politicians—including union ministers, MPs and MLAs—is underway across India, riven by inflamed, opposing views on nationalism and free speech.

Some recent examples:

Union Ministers

Members of Parliament

Members of Legislative Assemblies (MLAs)

Political party chiefs

How “hate speech” is identified, numerous laws in force

“Hate speech” currently has no specific legal definition, although the Law Commission has been tasked by the Supreme Court to do just that.

There are several sections of the Indian Penal Code (IPC) that pertain to hate speech, including:

153(A)—statements aimed at creating enmity related to communal, racial, linguistic, ethnic and descent;

153(B)—statements against sovereignty;

295(A)—statements aimed at hurting religious feelings;

505(2)—statements creating or promoting enmity, hatred or ill-will between classes; and

Section 125 of the Representation of the People Act—promoting enmity between classes in connection with elections.

BJP has given tickets to most number of candidates with “hate-speech” cases

As many as 399 candidates with “hate-speech” cases have been fielded by political parties in various parliamentary and state assembly elections over the last 12 years. The Bharatiya Janata Party (BJP) leads the list with 97 candidates.

How political parties violate their oath given to ECI at the time of registration

Each political party, at the time of registration, has to provide a self-sworn oath to the EC, declaring that the party will adhere to the principles of “socialism, secularism and democracy”.

A party must provide a copy of memorandum of rules, which should contain a specific provision—drawn from Representation of the People Act, 1951—that says “….and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India.”

By giving tickets to candidates with “hate-speech” cases, political parties in a way violate their self-sworn oath to the EC.

An explanation of hate-speech laws Section 153(A) of the Indian Penal Code: Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.

Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. Section 153(B) of the Indian Penal Code: Imputations, assertions prejudicial to national integration.–(1) Whoever, by words either spoken or written or by signs or by visible representations or otherwise,-

Imputations, assertions prejudicial to national integration.–(1) Whoever, by words either spoken or written or by signs or by visible representations or otherwise,- Section 295(A) of the Indian Penal Code: Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.–Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 6*[citizens of India], 7*[by words, either spoken or written, or by signs or by visible representations or otherwise] insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 8*[three years], or with fine, or with both.]

Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.–Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 6*[citizens of India], 7*[by words, either spoken or written, or by signs or by visible representations or otherwise] insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 8*[three years], or with fine, or with both.] Section 505(2) of the Indian Penal Code: 2*[(2) Statements creating or promoting enmity, hatred or illwill between classes.–Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

2*[(2) Statements creating or promoting enmity, hatred or illwill between classes.–Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both. Section 125 of the Representation of the People Act, 1951: Promoting enmity between classes in connection with election Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall be punishable, with imprisonment for a term which may extend to three years, or with fine, or with both.

(Manoj K is a graduate of the Indian Institute of Technology, Delhi, and the founder of the Centre for Governance and Development. He has a special interest in transparency and accountability in governance and has spearheaded several projects on these subjects.)

Correction: The headline and first two paragraphs of this story have been reworded to remove statements of causality, evident in the original copy. We thank readers for pointing this out and regret the misleading manner in which the original copy was worded.

We welcome feedback. Please write to respond@indiaspend.org. We reserve the right to edit responses for language and grammar.

__________________________________________________________________

Liked this story? Indiaspend.org is a non-profit, and we depend on readers like you to drive our public-interest journalism efforts. Donate Rs 500; Rs 1,000, Rs 2,000.