NEW DELHI: After challenging the validity of the criminal defamation law, BJP leader Subramanian Swamy has now challenged before the Supreme Court various provisions of the Indian Penal Code dealing with offences of ‘hate speech’ , saying they were violative of the fundamental right to freedom of speech.

According to the law, hate speech is any speech, gesture or conduct, writing or display which is forbidden because it may incite violence or hurt religious feeling or promote enmity between different groups on grounds of religion, race, place of birth, residence, language etc.

Swamy contended in his plea that Sections 153, 153A,153B, 295, 295A, 298 and 505 of the IPC in respect of so-called “hate speech” were used to penalize people for expressing their views even within the bounds of reasonable restrictions and they should be set aside.

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Section 153 deals with provoking people with the intent to cause riot and Section 153A talks about promoting enmity between different groups on grounds of religion, race, place of birth, residence, language etc. Section 295 makes injuring or defiling places of worship with the intent to insult the religion of any class an offence. Section 298 covers cases of hurting religious sentiments deliberately.

“All these sections do not have any safeguards within which a person can publicize his analysis of various nuanced truths of interaction between groups which differ on the basis of religion, race, place of birth, residence, language, caste or community,” Swamy said in his petition.

He contended that under the present law, a person couldn’t attempt to initiate a public debate to modify people’s perception as the person was “chilled or gagged” under the present law.

“By these laws, therefore, not only are such persons harassed by a criminal prosecution which could continue unendingly, but also on that pretext, a vibrant and vigorous public discourse essential in a democracy is gagged. There is also thereby violation of the citizens’ fundamental right to freedom of speech and expression,” he said.

Swamy also urged the court to stay criminal proceedings initiated against him in Delhi, Mumbai, Assam, Mohali and Kerala for expressing views on terrorism which was termed as hate speech under the IPC provisions.

“It is submitted herein that in all these impugned sections, there is a presumption that such utterances, whether honest or not, do actually and invariably result in the commission of the offences per se. It is submitted that this is not correct,” he said.

He said a person should not be prosecuted under these sections for expressing his views if there was no violent consequences or reaction within a reasonable span of time.

The Supreme Court is likely to take up Swamy’s petition in the second week of July.