HATE SPEECH AND LYNCHING: A LEGAL AND SOCIETAL MENACE IN CONTEMPORARY INDIA

Abstract [English]

Hate speech and mob lynching represent a grave threat to India’s constitutional commitment to secularism, equality, and fraternity. This article examines the intricate nexus between inflammatory rhetoric—often disseminated through political discourse, public announcements, and digital platforms—and extrajudicial mob violence, particularly targeting religious minorities, Dalits, and marginalised communities. While hate speech dehumanises groups by portraying them as threats to cultural or religious identity, it creates a permissive environment for vigilante justice, manifesting in cow-related lynchings, rumour-driven mob attacks, and communal assaults. The study traces the historical evolution of these phenomena from colonial-era communal divisions to the post-2014 surge in identity-based violence. It critically analyses India’s legal framework, including provisions under the Indian Penal Code, the Bharatiya Nyaya Sanhita (2023), judicial interventions such as Tehseen Poonawalla (2018), and the absence of comprehensive hate crime legislation.
Through case studies like Dadri (2015), Pehlu Khan (2017), and recent WhatsApp-fuelled lynchings, the article illustrates the causal link between hate speech and violent outcomes.
Drawing on international perspectives, societal impacts, and enforcement challenges, the article argues that fragmented laws, political impunity, and digital amplification perpetuate this cycle. It concludes by advocating for dedicated anti-lynching and hate speech legislation, stricter platform accountability, enhanced police training, and societal initiatives promoting media literacy and interfaith dialogue to restore the rule of law and social harmony.