Published Paper


Free Speech vis-a-vis Freedom of Religion in India: A Conundrum

Ms. Srutakirti Panda & Dr. Madhubrata Mohanty
Faculty of Legal Studies, SOA National Institute of Law, Siksha ‘O’ Anusandhan Deemed to be University, Bhubaneswar, Odisha, India
Page: 159-177
Published on: 2024 December

Abstract

With the motto of ‘Unity in Diversity’ within religious multiplicity, India recognises an inclusive list of religions including Hinduism, Islam, Christianity, Sikhism, Zoroastrianism, Buddhism, Jainism, Judaism, and Bahaism. In order to maintain ‘secularism’, the Indian Constitution ensures its citizens freedom to practice, profess and believe in any religion. But the disharmony triggers when religious freedom of certain individuals gets affected by ‘hate speech’ made by some others under the cover of free speech. Though ‘hate speech’ is never a part of free speech, still in the absence of any clear description of the same in any statute, the miscreants often try to misuse it in disturbing the peaceful social fabric. The purpose: This paper has tried to explore the factors responsible for inciting such disturbances. This paper further analysed the legal provisions and judicial decisions on free speech and freedom of religion, the poor enforcement of existing laws and loopholes in the socio-legal system those need reformation. Methodology: Both doctrinal and non-doctrinal method of study has been adopted here. The primary data gathered through collection of responses from different groups by circulation of questionnaire. The secondary data collected through journal articles, books, judicial decisions and online sources. The results: The researcher has provided the entire findings of the survey as well as suggested for certain timely modifications to overcome the situation after analysing the collected data. Conclusion: In conclusion, the researcher suggested for amendments in the existing statutes with stringent penalties for ‘hate speech’ to maintain harmony in the society.

 

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