beyond the pale of amendability.

Hate speech and Art.19(1)a - The law commission (267th report) has defined the hate speech as: "incitement to hatred on the basis of race, ethnicity, gender, sexual orientation and religious beliefs" - Limitations on Hate Speech 1) Under Article 19(2), hate speech is not one of the reasonable restrictions to limit the freedom of speech and expression. 2) However, under various statutes and judicial pronouncements hate speech has been criminalised. 3) For example, under Representation of People Act, 1951 a person is restricted from contesting elections who has been convicted on the illegal use of freedom of speech and expression. Hate speech impact the society in following ways: 1) creates enmity and stenion, among the various diverse groups in the society; 2) dilutes and threatens the composite culture of India [Art.51AG]; 3) restrict the right to life (Art.21) of individuals against whom hate speech is directed 4) brings artificial distinction among the citizens (violate right to equality- article 14, 15) 5) against the preamble goals of Justice, equality, liberty and fraternity, and the territorial integrity of India;

Ways to restrain the hate speech 1) Media literacy: to sensor and sensitise citizens the aspects of hate speech 2) Self restraint and regulation by the individuals - observe their freedom of expression while also respecting others' rights'. 3) Counter speech - to bring out the truth 4) Codify hate speech (T.K. Vishwanathan committee) 5) strong implementation of the existing laws. Supreme Court in the Aman Protogathi case (2025) has said that the law enforcement authorities and courts must employ the standards of reasonable and courageous minds to counter hate speech.