Polysemic Hierarchies of “Hate Speech”: On the Emergence of Majoritarian Legal Hermeneutics in India

This paper advances current debates on majoritarian state-making by bringing into dialogue theoretical debates on linguistic polysemy, legal hermeneutics, and digital authoritarianism. It analyses hate speech accusations in India as a polysemic discourse, which allows majoritarian regimes to create new public hierarchies of interpretation that equate “hate speech” with critique of Hindu nationalist (Hindutva) ideologies. Drawing on multi-sited ethnography with legal professionals, police, and hate speech accused in North India, the paper analyses how adherents of India’s Hindutva government mobilise a dual strategy of online virality and procedural, judicial dismantlement to create a system of majoritarian legal hermeneutics: a self-reinforcing complex of interpretation that exploits the indeterminacy of legal terminologies to imbue criminal provisions aimed at safeguarding equality with anti-democratic meanings. In the process, legal actors are turned into active participants in the creation of a public of wounded Hindus that views minorities as a threat to their identity.