2 hrs ago
Shahrukh Alam Says Hate Speech Causes Constitutional Harm
Shahrukh Alam spoke about how words can affect people and society.
She said hate speech is not only a matter for criminal courts.
It can also help make unfair treatment seem normal over time.
She said free speech can help people question those in power, while hate speech can encourage people to exclude a community.
The same words may have different effects depending on who says them and who they target.
Alam described harms such as being shut out of public life, violence, and being denied housing or business opportunities.
She said these harms can be worse for people facing disadvantage because of caste, class or gender.
She also said courts should think carefully about the difference between hate speech and dissent.
Supreme Court advocate Shahrukh Alam argued that hate speech should be understood as systemic discrimination causing constitutional harm over time, not only as a criminal law issue.
Speaking at Manthan Samvaad 2026 in Hyderabad, she said speech should be assessed in light of the speaker's identity, the target and the power involved.
Alam distinguished democratic free speech that challenges authority from hate speech used to mobilise support by excluding or marginalising communities.
She described harms including reduced democratic participation, violence following incitement, and structural discrimination such as economic boycotts and housing denial.
Alam said courts should consider how discrimination intersects with caste, class and gender, and raised concerns about the treatment of dissenting expression in the Umar Khalid case.
- Who
- Supreme Court advocate Shahrukh Alam.
- What
- She argued that hate speech should be treated as a source of systemic discrimination and constitutional harm, not merely as a criminal law problem.
- Where
- Hyderabad.
- When
- At Manthan Samvaad 2026; the article does not give a specific date.
- Why
- Alam said hate speech can exclude communities, encourage violence and produce lasting structural discrimination.
Key facts
- Speaker
- Shahrukh Alam, Supreme Court advocate
- Event
- Manthan Samvaad 2026
- Location
- Hyderabad
- Session
- “Thinking Through Hate Speech: Between Freedom and Violence”
- Forms of harm identified
- Exclusion from democratic participation, direct violence through incitement, and structural violence
- Examples of structural harm
- Economic boycotts, denial of housing and social exclusion
- Factors shaping impact
- Caste, class and gender
Sources
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