CJP’s Hate Hatao leaves no stone unturned to combat hate in election year, before and after Combating hate and encouraging intra-community dialogue and harmony remains a crucial and underlying thread across all of CJP’s endeavours and approach. Its Hate Hatao programme takes a particularly closer look at hate in India and tackles it with the legal provisions provided by the constitution of India.
28, Sep 2024 | CJP Team
A unique and persistent initiative of Citizens for Justice and Peace’s, the Hate Hatao is an expansive programme to closely monitor, intellectually and practically counter hate crimes and hate speech in India. This programme includes monitoring incidents of hate speech and hate crimes, communal violence etc., busting hateful myths and propaganda. Most specifically and consistently, the Hate Hatao Initiative initiates consistent and speedy legal action, which is a core part of the programme. After consistently tracking these incidents of hate speech and vile propaganda, the CJP team proceeds to file complaints with authorities, such as the NBDSA (News Broadcasters & Digital Association), state police or district authorities.
CJP believes in using the law to prevent hate and spread harmony. To further this vision, it remains vigilant amidst rising tides of hate. Since 2018, CJP has filed 23 complaints with the NBDSA and received successful curbing of hate speech in several of them where communal hate-filled speech was broadcasted.
CJP’s fight against Hate: A mission for a just India
CJP is dedicated to finding and bringing to light instances of Hate Speech, so that the bigots propagating these venomous ideas can be unmasked and brought to justice. To learn more about our campaign against hate speech, please become a member. To support our initiatives, please donate now!
Creative Hate-Busters
To engage citizens and the affected communities in creatively countering hate, CJP’s team, both in print and through videos, produces hate busters that, with fact, logic and emotion debunk the misinformation and disinformation that is at the very core of hate speech and hate crimes. Exploring creative means to empower citizens and the community is at the core of CJP’s Hate Hatao Mission.
For instances
Punter log ka hatebuster: Polygamy in India
Punter log ka hatebuster: Will Muslims take over by 2050?
Legal Action and Institutional Interventions
Combatting hate during elections:
As an extension of the hate watch programme at election time (and as CJP has been persistently acting over earlier general and state elections, during the recently concluded 2024 Lok Sabha Polls too, Team CJP had monitored and lodged complaints on inciteful speeches made by political parties and their campaigners that violate provisions of the Representation of People’s Act (RPA, 1951) and the Model Code of Conduct.
During the elections, after the first phase, on April 22, 2024 Prime Minister Narendra Modi’s election speech in Banswara had raised a furore over its communal and divisive contents. It was violated both the Model Code of Conduct and the Representation of Peoples Act, 1951. Modi had slurred and stigmatised the marginalised Muslim minority while accusing the Congress party of trying to redistribute the country’s wealth (’sell women’s mangalsutras’) to pass this on to Muslims!
In response, along with several other organisations and citizens, CJP had lodged a complaint with the ECI, with the Chief Election Commissioner, Rajiv Kumar and Election Commissioners Gyanesh Kumar and Sukhbir Singh Sandhu. The complaint asserted that Modi’s speech was “targeted” and “communal slurs against the Muslim community,” which led to a religiously polarised argument.
CJP cited several the Model Code of Conduct, as well as Sections 123 and 125 of the Representation of Peoples Act, and Sections 153A, 153B, 298, 499, 505, and 505(2) of the Indian Penal Code (IPC). These sections address hate speech, speech affecting national integration, outraging religious sentiments, defamation, and promoting hatred between classes.
In its complaint, CJP urged the ECI to exercise its power under Article 324 of the Indian Constitution to ensure free and fair elections and stated that elections must not be compromised by religion-driven prejudice, as it can affect marginalised minorities.
Throughout the election period, repeated complaints were lodged by CJP on campaigners of political parties (specifically the BJP) making hate-filled speeches.
On May 18, CJP, in pursuance of this campaign, a joint delegation of the Bharat Jodo Abhiyan, Maharashtra Democratic Forum (MDF), and Bombay Catholic Sabha, met the Additional CEO (Chief Electoral Officer), Maharastra, Kiran Kulkarni. Apart from issues related to voter registration and accountability of the Election Commission of India (ECI), this joint delegation presented a detailed report on hate speeches and voter discrepancies during the recent five-phase election in the state. The report brought to light ten huge violations of Section 123(3A) of the Representation of People’s Act, 1951. People who violated the section included repeat offenders such as T Raja Singh, Navneet Rana, Nazia Elahi Khan, Sanjay Sharma, and others like UP Chief Minister Adityanath, and Prime Minister Narendra Modi.
S.
No.
|
Name of the
speaker
|
Party affiliated | Date of
the speech
|
Place and event |
Comments/ Acts in violation of law |
1 | Prime
Minister Narendra Modi
|
Bharatiya Janata
Party
|
May 15 | Election rallies at
Nashik and Kalyan (Nashik & Kalyan Lok Sabha Constituencies)
|
“The Congress regime at that time had wanted to spend 15% of the entire budget of India on Muslims only. They had to shelve the plan after strong
opposition from me in my role as the Gujarat Chief Minister. But now they are bent on reintroducing their previous agendas.” “If Congress is elected, it will make two budgets on the basis of religion. I will not allow the Budget to be divided as a ‘Hindu budget’ and ‘Muslim budget’ and will not allow quotas based on religion.” “They had to create a nation in the name of religion and so they did. Congress was helpless and gave it. Now you will say ‘Hindu budget,’ ‘Muslim budget.’ Can this country have a separate budget for Hindus and Muslims?” “You can imagine how dangerous the thinking of dividing the budget this way is. For Congress, there is only one minority community — its dear vote bank.” Source: Hindustan Times (https://www.hindustantimes.com/cities/mumbai-news/congress-wanted-a-15-budget-allocated-for- muslims-pm-narendra-modi-in-kalyan- 101715801073466.html)
|
2 | MLA T. Raja
Singh
|
Bharatiya Janata
Party from Ghoshamahal Assembly Constituency in Telangana
|
May 14 | Event co-organized
by Sakal Hindu Samaj in Nashik (Nashik Lok Sabha Constituency)
|
“A storm is building and will come soon to finish the Hindu faith.”
“In our country only one type of law will be followed. This two-law system will be finished. We will not let Sharia law exist.” “When UCC is brought in, this Waqf Board that had been established by Nehru will be removed and the 10-lakh acre land that the Waqf Board has fraudulently taken over will be released. Our PM Modi will then made Hindu temples and hospitals for Hindus here.” Source: Hindutva Watch (https://t.me/hindutvawatchin/403)
|
3 | MLA Nazia
Elahi Khan
|
Bharatiya Janata
Party Minority Leader
|
May 10 | Event in Karad
(Satara Lok Sabha Constituency)
|
“I am warning my daughters and sisters to never befriend an Abdul.it is in the name of Jihad that Hindu daughters are being cut and killed and then kept in fridge.”
“He will give you triple talak and take away your honour in 4 seconds. I am a Muslim and I see what other Muslim women go through. They keep 4 women in their beds and force Nikal Halala on Muslim women. This is all happening under Islam.” Source: Hindutva Watch (https://t.me/hindutvawatchin/396)
|
4 | Candidate
and MP Navneet Rana
|
Bharatiya Janata
Party MP from Amravati
|
May 9 | Election rallies in
Raver and Jalgaon (Raver and Jalgaon Lok Sabha Constituencies)
|
During an election rally, Navneet Rana held a placard saying “Hindu Rashtra”.
While the rally passed a Mosque, Navneet Rana could be seen making a gesture of directing an arrow at the Mosque. Source: The Siasat Daily
(https://www.siasat.com/after-madhavi-bjps- navneet-rana-repeats-arrow-gesture-at-mosque-in- maharashtra-3024921/)
|
5 | MLA T. Raja
Singh
|
Bharatiya Janata
Party from Ghoshamahal Lok Sabha Constituency in Telangana
|
May 3 | Election rally for BJP
Lok Sabha candidate Ram Vithal Satpute in Solapur (Solapur Lok Sabha Constituency)
|
“PM Modi recently said that Muslims are now doing vote Jihad. He very correctly said that he had heard of Love Jihad and Land Jihad, now this new
Vote Jihad is being called for. Let me tell you, you people used to do Jihad before, but now you do not have that audacity as Modi ji will get you shot if you do Jihad” “The young Hindu men will not leave these sons of Aurangzeb; they will kill them” “Rahul Gandhi was not ready to touch the statue of Shivaji Maharaj as he was worried about offending these illegal children of Aurangzeb.” “Kerala has become a factory that is producing terrorists.” “Those illegal immigrants who are hiding in the corners of India, they will be asked to leave once NRC is done. If they do not get out, there will be a shoot-out.” Source: The Siasat Daily
(https://www.siasat.com/maharashtra-police-book- raja-singh-for-hate-speech-3021288/)
|
6 | Uttar
Pradesh Chief Minister Yogi Adityanath
|
Bharatiya Janata
Party, MLA from Gorakhpur in Uttar Pradesh
|
May 1 | Election speech at
Hatkanangale (Hatkanangale Constituency)
|
“Congress wants to impose similar taxes on us and our inheritance today as Aurangzeb had done in his time. Will you accept this? These children of
Aurangzeb are doing the work of rickshaw pullers in the current scenario and Congress wants to bring in inheritance laws.” “In the Congress Manifesto, these people have mentioned that they will let the minority communities eat as they please. What is it that the minorities cannot eat as the majority community does not let them? These Congress people want to allow cow slaughter in our Maharashtra, in our India.” “By giving reservation to Muslims, the Congress party wants to Islamitise the country.” Source: The Wire
(https://thewire.in/government/unequal-watch-eci- issued-16-notices-over-mcc-violations-bjp-received- just-3)
|
7 | Prime
Minister Narendra Modi |
Bharatiya Janata
Party
|
April 30 | Election speech at
Latur (Latur Lok Sabha Constituency)
|
“Congress will take away your wealth and distribute it to “vote bank” “They will take away OBC reservation & give it to Muslims.” “Their manifesto has the stamp of Muslim League.”
Source: Hindutva Watch (https://t.me/hindutvawatchin/330)
|
8 | Prime
Minister Narendra Modi
|
Bharatiya Janata
Party
|
April 27 | Election speech at
Kolhapur (Kolhapur Lok Sabha Constituency)
|
“In the land of Sambhaji Maharaj, they (opposition) are doing so much vote bank politics that they are collaborating those who believe in Aurangzeb.”
Source: Hindustan Times
(https://www.hindustantimes.com/cities/mumbai- news/congress-and-allies-trying-to-break-southern- states-from-country-101714245719456.html)
|
9 | Candidate
and leader Navneet Rana
|
Bharatiya Janata
Party MP from Amravati
April 19 Election speech at Amravati (Amravati Lok Sabha
|
April 19 | Election speech at
Amravati (Amravati Lok Sabha Constituency)
|
“if you want to live in India, you have to say Jai Shree Ram. Every child of this country has become aware. The flag of Pakistan will no longer be tolerated here.”
“Those who have sympathy for Pakistan, they can go live there. Only our way of business will work here in India.” Source: Hindutva Watch (https://t.me/hindutvawatchin/288)
|
10 | Candidate
Sanjay Sharma
|
Independent
candidate from Dhule, Maharashtra
|
April 14 | Election speech at
Dhule (Dhule Lok Sabha Constituency)
|
“Whose young daughter is being carried by a Jihadi in front of him who is hunting for love-jihad your blood
doesn’t boil then you are the child of a eunuch.” “In Mohammadia Nagar, 50 to 60 cows are slaughtered daily in the same slaughterhouse and even after telling the police 50 times Police cannot raid.” “But if after death the Lord asks, what did you do When all this was going on, dargahs of Pir Baba were standing everywhere., love jihad was going on everywhere, many kinds of jihad was going on in many places. Tell me what you were doing at that time. So, at that time I will not tell God that I was also hiding my black face like others. So, it has come to my mind that I will fight a Lok Sabha election.” “But I tell you that if we don’t fight, if we don’t show these people their place, Hindutva will definitely be insulted, and Hindutva will fail. And Hindutva will suffer for 5 years. Not even a single village, Taluka has been spared from Love Jihad, Land Jihad. This is all happening everywhere.” Source: Hindutva Watch (https://t.me/hindutvawatchin/262)
|
In response to specifically to hate speech violations, the CEC, Kiran Kulkarni had assured the delegation that recommendations to file FIRs against the offenders had already been made to the local police and that the follow-up action would be taken.
The delegation, made up of Dolphy D’Souza (Bombay Catholic Sabha), Ulka Mahajan (Bharat Jodo Abhiyan), Shakir Shaikh and Ashraf Khan (MDF), Father Frazer Mascarenhas (Vote for Democracy) and Teesta Setalvad (CJP) also submitted a memorandum and also raised concerns about missing and deleted voters from minority communities and called for immediate action on the hate speech violations and the need for transparency with regards to the vote count discrepancies.
The group urged the Election Commission to make its deliberations and monitoring reports public and to hold press conferences after each voting phase. The Additional SEC agreed to upload weekly reports on these issues to the Commission’s website.
In January 2024, CJP had filed seven complaints about hate speech by leaders in the state. These complaints have been submitted to the Superintendents of Police and District Magistrates, and written urging them to take urgent and strong action. The complaints were related to the incendiary speeches by Kajal Hindustani, Raja Singh, and Nitesh Rane, both BJP MLAs from Telangana and Maharashtra respectively. They both are notorious for giving hate speeches.
Thus, by April 3, 2024, CJP had dispatched four of the seven complaints to the SPs and DMs, urging action and investigation. On April 8, 2024, the remaining three complaints were also sent. All the complaints were also emailed to the state’s Director General of Police (DGP), Rashmi Shukla.
The first three months of this year saw three complaints were filed against Nitesh Rane, a BJP MLA from Kankavli, and Ashwini Upadhyay, a Supreme Court lawyer known for filing numerous incendiary PILs. Both are members of the BJP. Two of these speeches were given at events organised by the Sakal Hindu Samaj, a fringe organisation that is a coalition of Hindutva organisations in Maharashtra. These speeches took place in Akola, Mahabaleshwar, and Ghatkopar.Along with a written complaint detailing the violations, CJP also provided video evidence of these speeches and had urged the police to register cases under several sections of the Indian Penal Code, including Section 153A (promoting enmity), Section 505 (statements causing public mischief), and Section 506 (criminal intimidation).
The speeches in question given by these leaders who were reportedly witnessed spreading Islamophobia, spreading distrust against communal harmony by propagating false conspiracy theories like “love jihad” and “land jihad.” Several of these speeches have also contained threats of physical violence against minorities, especially Muslims and Christians.
In its complaints, making due diligence of law, CJP invoked Supreme Court orders from the Shaheen Abdullah vs Union of India case, which mandates that the police register cases of hate speech of their own initiative. The complaints also reference executive orders by the Director General of Police (DGP) Maharashtra.
Finally, in April, the Maharashtra Police told the Bombay High Court that cases have been registered against Rane for his speeches in Malwani, Mankhurd, Ghatkopar, as well as on MLA Gita Jain for her speech in Mira Bhayander from January to March this year.
CJP remains ever vigilant and alert about incidents of hate in the country, which is why in March when Zee News reportedly tried to communalise a murder in Badaun, CJP stepped in and filed a wrote swiftly to them. The NBDSA has been often very cognizant of complaints from CJP, and has often enacted penalties on those who have violated its rules and guidelines. For instance, in 2023, the NBDSA incurred 50,000 as penalty charges against News18 for airing communally charged content after CJP complained about it.
Similarly, when in an April 22 speech, Prime Minister Modi said that the Congress party favoured Muslims, referring to them as those who have “more babies,” and insinuated that national resources would go to “infiltrators,” CJP filed a detailed complaint with the Election Commission of India (ECI). The complaint urged the ECI to enforce the Model Code of Conduct and take action against hate speech. Subsequently, the ECI sent a notice to BJP President JP Nadda, but not one directly to Modi.
Legal Advocacy
Furthermore, CJP has an active effort to prevent hate and communal violence. In January 2024, when Mumbai’s Mira Road saw a concentrated effort by hate creators to create further communal violence at the locality, CJP stepped in. Mira Road had seen violence against Muslims during the Ram Temple inauguration in Uttar Pradesh earlier this year. Mumbai also saw many politicians, such as BJP MLA’s Nitish Rane and Geeta Jain involve themselves in the tense situation. Notorious BJP MLA T Raja Singh, known for hateful speeches, also planned to come and give a speech at Mira Road during the tense atmosphere. CJP had proactively filed a complaint regarding this prior to his arrival and urged the Maharashtra police to deny him permission, writing, “it is near certain that hate-ridden and provocative speeches will be delivered and calls for violence will be made. It is also necessary to keep in mind the recent track record of the name attached with the rally and the “principles” that the speakers and the organisers stand for.”
On July 10, similarly CJP filed a complaint with the National Commission of Minorities regarding the high number of hate crimes, including mob lynchings against Muslims and other minorities, in June 2024. The complaint cited 8 such incidents which had taken place in the period following the general assembly elections. The complaint, addressed to chairperson of the committee Iqbal Singh, also cited the Bharatiya Nyaya Sanhita (BNS) which has recognised mob lynching as a distinct category of hate crime under subsection (2) of Section 103 and called on the NCM to protect minority rights effectively.
Guidelines to prevent hate
Similarly, prior to the general elections, recognising the tense and serious nature of the country, CJP approached the Maharashtra State Election Commission (SEC), writing to urge them to issue an advisory to all district and police authorities in order for them to actively prevent hate speeches and violence during the Ram Navami celebrations on April 17 and until the conclusion of the elections on June 1. CJP also released an in-depth ready-to-use handbook, “Towards a Hate Free Nation,” which provides the latest jurisprudence from the Supreme Court of India and the Bombay High Court on preventing and taking legal action against targeted violence.
The handbook also brought attention to the need for quick and effective preventive measures to address hate speech, drawing on recent Supreme Court and High Court judgments, which say that meetings which may result in hate speech should be videotaped in order to get FIRs registered. CJP also submitted in the handbook from its extensive coverage of hate speech a list of 12 districts which have seen a rise in violent incidents against religious minorities and thus are extra sensitive to hate speech.
The handbook may be read here.
In addition to these efforts, CJP also resolved to monitor hate speech during upcoming elections. In an in-depth story, prior to the general assembly elections, CJP’s legal research team conducted a thorough analysis of hate speech given by BJP leaders over the years, going back as far as in the past ten years till 2014, to examine and analyse the speech.
In addition to this, CJP also constantly tracks in and engages with events for communal harmony happening across the country, from Tamil Nadu to Punjab to Karnataka to Mumbai. Every programme conducted by CJP, including Khoj: an educational programme based in Uttaranchal and Mumbai, CJP: Assam, emphasises and undertakes activities routinely that encourage and celebrate communal harmony.
Recently, the Karnataka government banned the movie “Humare Gairah” for at least two weeks stating that it had the possibility to create communal unrest in the state. Similarly, CJP constantly monitors propaganda films that come out and does extensive reviews of them, observing the kind of propaganda that is being dangerously disseminated in the country.
The organisation has also a daily updated Hate Watch map, called Nafrat Ka Naqsha on its website which is used to track hate crimes and hate speeches happening across the country.
Nafrat ka Naqsha: https://cjp.org.in/report-hate-3/
Another important segment of the Hate Hatao programme at CJP is the Hate Busters segment. Here Team CJP debunks fake news that is being seen and believed by hundreds of people on social media. The team fact-checks claims, and provides the truth by relying on credible sources such as government data and data by reputed research organisations. The team also translated the Hate Busters in to languages such as Hindi and Marathi.
In addition to this, CJP also writes and publishes comprehensive Legal Resources on its websites. One of these is also a guide for citizens to exercise their rights and directions on how to file a complaint with the NBDSA. Similar such legal resources have been published such as a commentary on the latest criminal laws and whether they are moving away from or to authoritarianism, or on access to maternal health and abortion.
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