Brief

Supreme Court Advocate Calls Hate Speech a Constitutional Issue

Advocate Shahrukh Alam said hate speech should be treated as systemic discrimination causing constitutional harm.

By Felo News Desk · Published Mon, 12 Oct 2026 00:27:34 GMT

Supreme Court advocate Shahrukh Alam told the "Thinking Through Hate Speech: Between Freedom and Violence" session at Manthan Samvaad 2026 in Hyderabad that hate speech is a form of systemic discrimination that inflicts constitutional damage over time, rather than being merely a criminal law problem.

Alam distinguished free speech, which he said encourages democratic participation, from hate speech, which can be used to mobilise support by excluding and marginalising communities. He cited a contrast between a sitting chief minister urging Muslims to leave and students shouting at Rapid Action Force vehicles, arguing that the identity of the speaker, the target and the power dynamics must be weighed.

Referencing legal scholar Jeremy Waldron, Alam noted that hate speech can serve political mobilisation, targeting audiences encouraged to support exclusion of a community rather than the community itself. He described how narratives portraying Muslims as invaders or disloyal can normalise discrimination through repeated messaging.

Alam identified three harms arising from hate speech: exclusion from democratic participation, direct violence from incitement, and structural violence such as economic boycotts, housing denial and social exclusion. He added that the impact varies with caste, class and gender, with poorer, marginalised groups suffering more severe consequences.

Key facts

Shahrukh Alam argued hate speech is systemic discrimination causing constitutional harm. (deccanchronicle.com)
He made the remarks at Manthan Samvaad 2026 in Hyderabad. (deccanchronicle.com)
Alam identified exclusion, direct violence, and structural violence as three harms of hate speech. (deccanchronicle.com)