Discussing sensitive topics on religion, caste, creed, and taking extreme views, can’t be considered as ‘hate speech’ by itself (SC-2020)

Sections 153A and 505(2) of the Penal Code-the law of ‘hate speech’ recognises that all speakers are entitled to ‘good faith’ and ‘(no)-legitimate purpose’ protection. ‘Good faith’ means that the conduct should display fidelity as well as a conscientious approach in honouring the values that tend to minimise insult, humiliation or intimidation. The latter being objective, whereas the former is subjective. The important requirement of ‘good faith’ is that the person must exercise prudence, caution and diligence. It requires due care to avoid or minimise consequences.