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The Indian Muslim community demanded a law against insult to religious feelings. Hence, the British Government enacted Section 295(A). The Select Committee before enactment of the law, stated in its report that the purpose was to punish persons who indulge in wanton vilification or attacks upon other religions or their religious figures.
The hate speech laws in India aim to prevent discord among its many ethnic and religious communities. The laws allow a citizen to seek the punishment of anyone who shows the citizen disrespect "on grounds of religion, race, place of birth, residence, language, caste or any other ground whatsoever". [1]
The judiciary in India has been hesitant to impose restrictions on free speech, and hate speech cases have not been acted upon in most instances. The police and other law enforcement agencies have also faced criticism for their inability to investigate and prosecute cases of hate speech and incitement to violence. [4]
A blasphemy law is a law prohibiting blasphemy, which is the act of insulting or showing contempt or lack of reverence to a deity, or sacred objects, or toward something considered sacred or inviolable.
Proviso: Nothing in sub-clause (a) of clause (1) of this article shall affect the operation of any existing law, or prevent the State from making any law, relating to libel, slander, defamation, sedition or any other matter which offends against decency or morality or undermines the security of, or tends to overthrow, the State.'
Blasphemy (evil-speaking) is the act of insulting or showing contempt for a religious deity. Apostasy (revolt or renunciation) implies the abandonment of a prescribed religious duty (i.e. disloyalty, sedition or defection)
Blasphemy laws were rarely enforced in pre-modern Islamic societies, but in the modern era some states and radical groups have used charges of blasphemy in an effort to burnish their religious credentials and gain popular support at the expense of liberal Muslim intellectuals and religious minorities. [58]
At the same time, the Norwegian Constitution guarantees the right to free speech, and there has been an ongoing public and judicial debate over where the right balance between the ban against hate speech and the right to free speech lies. Norwegian courts have been restrictive in the use of the hate speech law and only a few persons have been ...