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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.
India prohibits hate speech by several sections of the Indian Penal Code, the Code of Criminal Procedure, and by other laws which put limitations on the freedom of expression. Section 95 of the Code of Criminal Procedure gives the government the right to declare certain publications “forfeited” if the “publication ... appears to the State ...
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.'
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]
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. [57]
There's a move to make us believe blasphemy is hate speech and laws against it are a blow for tolerance. Don't believe it.
In India, only part of the Islamic law of Sharia is enforced: the legal system consists of civil law, common law, customary law, religious law and corporate law. Although Islamic law is considered sacred, due to modern political and social developments sacred interpretation of classic Islamic law's in India have changed in response to societal ...