The Battle between Hate Speech and Freedom of Speech

The rules and regulations of hate speech have been found to be challenging now-a days. The anti-hate speech law is a challenge because of its collision with article19 (freedom of speech and expression). In practice, the law standing between the regulation and restriction forming a thin line in between. Despite new and strict laws, the number of cases of hate speech is increasing day by day. To restraint this, more rigorous laws were proposed by the Law Commission of India in 2017. This has led to a situation where bulk of laws and a state of over criminalisation of speech related offences are present at the same time. In order to eradicate the hate speech it is important to change the framework of the current system and start addressing the hate speech according to legal framework. Legality and framework and where we lack are discussed herein.