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Hate Speech - Law Commission of India

Law Commission of India Report Hate Speech March 2017. ii iii Report Hate Speech Table of Contents Chapter Title Page I Background 1-4. II Hate Speech in India 5-8. III Examination of the Issue by the Commission 9-14. IV Impact of Hate Speech on Freedom of Expression 15-31. V Identifying Criteria of Hate Speech 32-36. VI Review of Penal Law 37-50. Annexure A The Criminal Law (Amendment) Bill, 2017 51-53. iv CHAPTER I. Background Rights are the cornerstone of individual autonomy. They are guaranteed as limits on the power of In democratic societies they have been granted to protect individual from undue State interference. Freedom of expression has been enshrined in article 19 of the Universal Declaration on Human Rights2. It is considered to be one of the most significant rights as it allows a person to attain self fulfilment and strengthen the capacity to fully enjoy Globally, history witnessed a complete subversion of rights and loss of freedoms not just under colonial rule but also the brutal regime of Adolph Hitler who had created a ministry to centralise Nazi control of all aspects of German cultural and intellectual In the Reich Ministry of Public Enlightenment and Propaganda, Hitler appointed Joseph Goebbels as the Reich Propaganda Minister.

1.3 The Constituent Assembly, conscious of the burdens of history 1 J.S. Mill, On Liberty and Utilitarianism 4 (Bantam Classic, New York, 2008) . 2 U.N.G.A. Res. 217 A (III), 1948. 3 Steffen Schmidt and II Mack C. Shelley, Barbara Bardes et. al., American Government and Politics Today

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