Author : Deva Dharshini K
Hate speech is one of the most essential conceptual classes in anti‐oppression politics these days. Over time, our supposedly egalitarian society has nourished misogynist attitudes and beliefs and pushed ideologies that glorify the speaker as a maverick but inflict hatred on girls for being as unlucky as they are, to be girls in boys’ world. For centuries, women have been oppressed and denied employer and autonomy over themselves. Sexist speech, even though oppressive, does not hate speech and misogynistic speech is hate speech, even if it’s far interdivisional. Notwithstanding modifications inside the regulation, the judicial mindset closer to girls has remained regressive and often prevents girls from approaching the judiciary to address their grievances. For centuries, women have been oppressed and denied employer and autonomy over themselves. Sexist and misogynist speech takes the form of hate speech thru practices like slut-shaming, giving sexualised threats of demise, rape, and/or any other form of violence, and commenting to ridicule and humiliate the goal.
Hate speech is one of the most essential conceptual classes in anti‐oppression politics these days, an excellent deal of energy and political will be devoted to figuring out, characterizing, contesting, and (sometimes) penalizing hate speech. Over time, our supposedly egalitarian society has nourished misogynist attitudes and beliefs and pushed ideologies that glorify the speaker as a maverick but inflict hatred on girls for being as unlucky as they are, to be girls in boys’ world. But, no matter the growing inclusion of gender identity as a socially salient trait, anti-patriarchal politics has largely been absent inside this frame of scholarship. Figuring out how to correctly situate patriarchy‐implementing speech in the category of hate speech is consequently an important politico‐philosophical task. For centuries, women have been oppressed and denied employer and autonomy over themselves. Sexist and misogynist speech takes the form of hate speech thru practices like slut-shaming, giving sexualised threats of demise, rape, and/or any other form of violence, and commenting to ridicule and humiliate the goal. It is pertinent to understand how misogyny is organized in the patriarchy. We are often mistaken for spectrum or even scale because the foundation is close to the pyramid, which keeps the rest of the structure safe. This type of structure works with some code dependency, just like a machine does. It is widespread oppression and a very important part of patriarchy.
OPPRESSIVE BUT NOT HATE:-
It’s far no mystery that motherhood, being pregnant, menstruation, childbirth, and marriage represent the identification of women in paid work and determine they are worth inside the eyes of a male employer. Sexist speech, even though oppressive, does not hate speech and misogynistic speech is hate speech, even if it’s far interdivisional (this is, while it targets the simplest subsets of women). The laws that govern Indian women are dictated by using social perceptions fashioned by the self-acclaimed censorious champions of morality. This completely masculine and misogynist society that has tied women in the fetters of these laws, endorsing sexism, has been complicit with the archaic Indian law in perpetuating patriarchal codes of behaviour. This is crucial due to the fact spot that the concept of hate speech applies to certain kinds of patriarchy‐enforcing speech is every other step in clarifying what is wrong with the exercise, and the way horrific it’s far on the subject of other abuses. Consequently, this provides a greater nuanced account of the forms of expressions that can and need to matter in times of hate speech.
EFFECTS OF CURRENT CRIMINAL FRAMEWORK:–
Misogyny is the oldest Indian tradition. Notwithstanding modifications inside the regulation, the judicial mindset closer to girls has remained regressive and often prevents girls from approaching the judiciary to address their grievances. The current criminal framework for gender-based violence wishes to be seen through the prism of hate speech on the way to do justice to the myriad of anguishing experiences that girls face. This is an attempt to determine and then argue that misogynist speech that enforces patriarchy is perfectly healthy within the class of hate speech. In doing so, the assertion is that girls, at innumerable times, are targets of hate speech, and a legal system that perfunctorily dismisses that is oppressive. The misogynist ideologies of the regressive Indian society in an explicitly feminist paradigm that situates violence induced via speech in the continuum of violence.
India ratified the Convention on Elimination of All Forms of Discrimination against Women (CEDAW) in 1993, which brought about the passing of various law conferring various rights upon girls. They’re
- Prevention of Sexual Harassment at workplace Act,
- Amendment to the criminal law submit the Nirbhaya incident,
- Equal Remuneration Act etc.
Section 14 of the press council of India (PCI) Act, 1978
This Act entrusts the PCI with the ‘power to censure’ based totally on court cases against information companies for offending journalistic ethics, public flavour, amongst others. A regulation as infirm as this gives no real criminal recourse to girls as topics of hate speech as it empowers the council to simply ‘disapprove’ of journalistic behaviour.
The criminal law (amendment) bill, 2017
This bill proposes the insertion of Sections 153C and 505A inside the IPC to criminalise incitement of hatred and violence on the grounds of sex, gender identification, and sexual orientation, amongst others. The regulation commission is predicated on the fame of the authors and victims of the speech, its potentiality, and context, in addition to the extremity of speech, as criteria used to differentiate offensive speech from hate speech.
Section 153A of the Indian Penal Code (IPC):–
This section criminalises the promotion of enmity among organizations of people on grounds of religion, race, residence, language, caste or community or every other floor by any means, and carrying out acts prejudicial to the protection of harmony. The number one lacuna of this law is the blatant exclusion of ‘gender’ as a vital factor of a person’s identity. Inclusion of the phrase ‘every other ground whatsoever’ does not promote a greater inclusive hate speech law and is a shame within the name of a legal solution that strengthens the laws around gendered hate speech. Comments against women, as scornful as “fortune huntress mafia moll handiest used as an intercourse bait to trap wealthy guys” aren’t in reality ‘sexist.’ this misogynist feedback might be fuelled with the aid of unwarranted hate are taken into consideration best offensive via our law. Such speech that not simplest promotes gender stereotypes but irreparably injures the shallowness of an entire institution, finds no remedy in our regulation.
ADDRESSED GRIEVANCES BY JUDICIARY:-
“A woman cannot be herself in the society of the present day, which is an exclusively masculine society, with laws framed by men and with a judicial system that judges feminine conduct from a masculine point of view.”
– Henrik Ibsen
- A Karnataka High court judge proposed a statement that it is “Unbecoming of Indian girls to sleep off after being raped” at the same time as granting anticipatory bail to the accused. It inevitably sparked massive controversy and raised questions about the need for this type of statement and whether or not it turned into proper on his component to achieve this.
- The Jammu and Kashmir excessive courtroom in M.I. Shahdad v. Mohd. Abdullah Mir had held that the serving of the summons most effective upon a male person member of the family, inside the absence of the defendant, became neither discriminatory towards girls nor positioned them in a disadvantageous role; as an alternative, the provision exonerates her from all responsibilities taking into consideration the social norms and conditions of society.
- In 2012, in a divorce petition, a Division Bench comprising of Justice PB Majmudar and Anoop Mohta decreed that ‘women ought to be like Goddess Sita’, i.E. A woman has to comply with her husband wherever he is going. In these days’ context, this implies that the wife has to go away from her task and unquestioningly accompany her husband to every other town. The spouse’s income is commonly appeared as disposable profits and simply a compliment. In a couple of instances of divorce, the Courts have quoted appalling statements which include, “A spouse ought to be the minister in a decision, slave in obligation, Lakshmi in look, Earth in endurance, mom in love and prostitute in bed.”
- The Punjab and Haryana High court docket suspended the sentences of three college students granted by using the trial courtroom for the rape of another pupil. The premise being the sufferer’s “misadventures and experiments”, her “promiscuity” and the absence of brutal violence accompanying the sexual assault.
CONCLUSION AND SUGGESTIONS:-
To understand how the dynamics of such things materialize, it is important to understand how misogyny is viewed as a platform on which men bond and share friendships. This disguised as misogyny as “masculine”, is devastating to both women and men. At best, a woman feels very uncomfortable, and at worst, she completely rejects physical and emotional autonomy. They create stereotypes about married women. This way, the men come together and end up creating an observation deck as a platform of choice if you really want to respond to certain things that other men call jokes. Working with these structures, deeply rooted and regulated over the centuries, requires self-reflection and awareness, the ability to recognize problem behaviors and respond constructively to them. This is what we should strive for as a society. And to destroy this culture, men must take active steps to destroy the ecosystem of patriarchy and poverty. For men, this is a deprivation of humanity and the ability to function as a healthy person. This type of ecosystem thrives on the pressure of toxic expressions of masculinity. Its expression and stress ensure that toxic masculinity is maintained and the ecosystem is preserved in a way that is protected from damage and problems. Since no one questioned this, it continues to strengthen as a system.
- The criminal law (amendment) bill, 2017
- Indian Penal Code 1860
- Press council of India (PCI) Act, 1978