Indian elected officials and hate speech: ADR Report

Of the 4768 of the total sitting MPs and MLAs, 107 have cases related to hate speech against them, states a detailed 183-page report on the issue released by the Association of Democratic Reforms (ADR). Tellingly, the highest number of hate speech cases, 22 in total, have been filled against MPs of the Bharatiya Janata Party (BJP) while two cases of hate speech are present against MPs of the Indian National Congress (INC). According to the report, of the total of 763 sitting MPs in the Indian Parliament, of these, 33 MPs have self-declared cases related to hate speech filed against them.

This report, released by Association for Democratic Reforms has provided a detailed analysis of the cases of hate speeches against the sitting members of the Parliament (MPs) and the members of the legislative assemblies (MLAs). The report states that that the data accumulated and presented through this report is in good faith and the main intention is to ensure that the voters are informed. Notably, the source of the analysis are the affidavits filed by MPs/MLAs with their nomination papers.

In addition to this, the report also provided a state wise division of the hate speech cases filed. According to the data, cases of hate speech had been filled against seven Sitting MPs from Uttar Pradesh. This is followed by Tamil Nadu with cases against four MPs, three MPs each from Bihar, Karnataka and Telangana and two each from Assam, Gujarat, Maharashtra and West Bengal.

For the state assemblies, of the 4005 current sitting MLAs in the legislative assemblies, cases of hate speeches have been filed against 74 of them. The report provides the party wise distribution of MLAs with declared hate speech cases. According to this data, 20 MLAs from the BJP have cases of hate speech against them, 13 are from the INC (Indian National Congress), 6 are from Aam Aadmi Party. Furthermore, 5 MLAs each from SP (Samajwadi Party) and YSRCP (Yuvajana Sramika Rythu Congress Party), 4 each from DMK (Dravida Munnetra Kazhagam) and RJD (Rashtriya Janata Dal), 3 each from AITC (All India Trinamool Congress) and SHS (Shiv Sena, Uddhav Balasaheb Thackeray), and 2 from AIUDF (All India United Democratic Front) have cases of hate speech against them.

As per the state-wise distribution, the highest number of hate speech cases, nine in total, have been against MLAs from Bihar and Uttar Pradesh each, followed by six each from Andhra Pradesh, Maharashtra and Telangana. Furthermore, five MLAs each from Assam and Tamil Nadu, 4 each from Delhi, Gujarat and West Bengal, three each from Jharkhand and Uttarakhand, two each from Karnataka, Punjab, Rajasthan and Tripura and one MLA each from Madhya Pradesh and Odisha have pending hate speech cases against them.

In conclusion, a total of 16 MPs and MLAs from Uttar Pradesh have cases of hate speech against them. The BJP party also has the highest number of sitting MPs and MLAs, 42 in total, with hate speech cases against them.

Details of the hate speech cases filed against MPs

The report also provides details of the cases filed against the MPs, which includes the total number of cases filed, the sections of the Indian Penal Code employed against them, the status of the cases and whether there has been any conviction or not. The data also includes the details of the FIR filed, the jurisdictional police station, framing of charges and the details of the appeal filed.

According to the data provided by the report, the highest number of pending cases related to hate speech are against Bapu Rao Soyam, Adilabad, Telangana from the BJP. According to the report, a total of 52 cases have been filed against him wherein 55 serious sections have been invoked along with 232 other IPC sections. The brief details of the IPC sections used are as follows:

Serious IPC charges:

13 charges related to Mischief by destroying or moving, etc., a land- mark fixed by public authority Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees (Section-435)
12 charges related to Punishment for dacoity (Section-395)
8 charges related to Attempt to commit robbery or dacoity when armed with deadly weapon (Section-398)
8 charges related to Mischief by fire or explosive substance with intent to destroy house, etc. (Section-436)
3 charges related to Punishment for criminal intimidation (Section-506)
2 charges related to Lurking house trespass or house-breaking by night in order to commit offence punishable with imprisonment (Section-457)
2 charges related to Theft in dwelling house, etc. (Section-380)
2 charges related to Attempt to murder (Section-307)
1 charge related to Forgery for purpose of cheating (Section-468)
1 charge related to Voluntarily causing hurt by dangerous weapons or means (Section-324)
1 charge related to House-trespass after preparation for hurt, assault or wrongful restraint (Section-452)
1 charge related to Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony (Section-153A)
1 charge related to Cheating and dishonestly inducing delivery of property (Section-420)

Other IPC charges:

45 charges related to Punishment of criminal conspiracy (Section-120B)
41 charges related to Mischief causing damage to the amount of fifty rupees (Section-427)
34 charges related to Disobedience to order duly promulgated by public servant (Section-188)
30 charges related to Every member of unlawful assembly guilty of offence committed in prosecution of common object (Section-149)
29 charges related to Punishment for Rioting (Section-147)
26 charges related to Rioting, armed with deadly weapon (Section-148)
8 charges related to Punishment for house-trespass (Section-448)
6 charges related to Punishment for criminal trespass (Section-447)
3 charges related to Joining unlawful assembly armed with deadly weapon (Section-144)
3 charges related to Punishment for Being member of an unlawful assembly (Section-143)
2 charges related to Assault or criminal force to deter public servant from discharge of his duty (Section-353)
2 charges related to Acts done by several persons in furtherance of common intention (Section-34)
1 charge related to Using as genuine a forged document or electronic record (Section-471)
1 charge related to Punishment for public nuisance in cases not otherwise provided for (Section-290)
1 charge related to Punishment for cheating by personation ( Section-419)

Notably, there has been no conviction against him till date.

It is crucial to highlight here that a total of 183 cases related to hate speech are pending against the aforementioned 22 BJP MPs. A total of 44 cases were reported to have been filed against the 2 MPs belonging to the INC.

The report also provides the details of the cases related to hate speech filed against Union Home Minister and BJP MP Amit Shah. According to the data provided, a total of 4 cases remain pending against Shah, which include 4 serious IPC sections and 7 other IPC sections. The brief details of the charges filed and section of the IPC invoked against him are as follows:

Serious IPC sections:

1 charge related to Mischief by fire or explosive substance with intent to destroy house, etc. (Section-436)
1 charge related to Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony (Section-153A)
1 charge related to Imputations, assertions prejudicial to national-integration (Section- 153B)
1 charge related to Punishment for criminal intimidation (Section-506)

Other IPC sections:

2 charges related to Punishment for Defamation (Section-500)
1 charge related to Criminal intimidation (Section-503)
1 charge related to Intentional insult with intent to provoke breach of the peace (Section-504)
1 charge related to Mischief causing damage to the amount of fifty rupees (Section-427)
1 charge related to Defamation (Section-499)
1 charge related to Disobedience to order duly promulgated by public servant (Section-188)

Notably, there has been no conviction against him till date.

Hate speech cases filed against MLAs

The report also provides details of the cases filed against the MPs, which includes the total number of cases filed, the sections of the Indian Penal Code employed against them, the status of the cases and whether there has been any conviction or not. It also includes the details of the FIR filed, the jurisdictional police station, framing of charges and the details of the appeal filed.

According to the report, the highest number of pending cases related to hate speech have been filed against Kalvakuntla Chandrashekar Rao, representing Siddipet, Gajwel, Telangana of the Telangana Rashtra Samithi (TRS). As of the year 2018, a total of 64 cases related to hate speech had been filed against him out of which 37 serious IPC charges have been imposed with 283 other IPC sections. It is essential to highlight here that out of the 64 cases filed, cognizance was taken in 63 of them and charges have been filed in only one of them. There has been no conviction till date. The brief details of the charges filed and section of the IPC invoked against him are as follows:

Serious IPC charges:

13 charges related to Punishment for criminal intimidation (Section-506)
4 charges related to Voluntarily causing hurt to deter public servant from his duty (Section-332)
3 charges related to Attempt to murder (Section-307)
3 charges related to Voluntarily causing hurt by dangerous weapons or means (Section-324)
3 charges related to Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft (Section-382)
3 charges related to Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony (IPC Section-153A)
2 charges related to Statements conducing to public mischief (Section-505)
2 charges related to Mischief by destroying or moving, etc., a land- mark fixed by public authority Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees (Section-435)
2 charges related to Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment (Section-511)
1 charge related to Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security (Section-477)
1 charge related to Imputations, assertions prejudicial to national-integration (Section- 153B)

Other IPC charges:

43 charges related to Disobedience to order duly promulgated by public servant (Section- 188)
42 charges related to Every member of unlawful assembly guilty of offence committed in prosecution of common object (Section-149)
39 charges related to Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment (Section-109)
28 charges related to Punishment for Being member of an unlawful assembly (Section- 143)
22 charges related to Punishment for Rioting (Section-147)
18 charges related to Punishment for wrongful restraint (Section-341)
14 charges related to Punishment of criminal conspiracy (Section-120B)
11 charges related to Assault or criminal force to deter public servant from discharge of his
duty (Section-353)
10 charges related to Abetting commission of offence by the public or by more than ten
persons (Section-117)
9 charges related to Rioting, armed with deadly weapon (Section-148)
9 charges related to Mischief causing damage to the amount of fifty rupees (Section-427)
9 charges related to Obstructing public servant in discharge of public functions (Section- 186)
6 charges related to Wantonly giving provocation with intent to cause riot-if rioting be committed- if not committed (Section-153)
4 charges related to Punishment for house-trespass (Section-448)
4 charges related to Punishment for criminal trespass (Section-447)
3 charges related to Joining unlawful assembly armed with deadly weapon (Section-144)
3 charges related to Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse (Section-151)
3 charges related to Punishment for public nuisance in cases not otherwise provided for (Section-290)
2 charges related to Abettor present when offence is committed (Section-114)
2 charges related to Attempt to commit suicide (Section-309)
1 charge related to Liability of abettor when one act abetted and different act done (Section-111)
1 charge related to Intentional omission to give information of offence by person bound to inform (Section-202)

Not surprisingly, BJP MLA T. Raja Singh has the highest number of cases related to hate speech where charges have been framed. As per the report, a total of 43 cases have been filed against Singh wherein 51 serious IPC sections have been invoked and 92 other IPC sections have been used. Furthermore, out of the 43 cases, cognizance has been taken in 27 cases and charges have been framed in 16 cases. It is essential to note that there been no conviction in any of the cases till date. A brief of the serious charges invoked against Singh are as follows:

17 charges related to Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony (Section-153A)
9 charges related to Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs (Section-295A)
7 charges related to Punishment for criminal intimidation (Section-506)
4 charges related to Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment (Section-454)
4 charges related to Mischief by fire or explosive substance with intent to destroy house,

etc. (Section-436)

3 charges related to Injuring or defiling place of worship with intent to insult the religion of any class (Section-295)
3 charges related to Voluntarily causing hurt to deter public servant from his duty (Section-332)
1 charge related to Attempt to murder (Section-307)
1 charge related to Imputations, assertions prejudicial to national-integration (Section-

153B)