Karnataka govt tables anti-hate speech bill, BJP apprehends ‘misuse’

The Karnataka government on Wednesday tabled in the assembly a contentious bill that ministers say will curb hate speech against marginalised communities but opponents say will criminalise thought and political rallies because of its provision of 10 years imprisonment

The Karnataka government on Wednesday tabled in the assembly a contentious bill that ministers say will curb hate speech against marginalised communities but opponents say will criminalise thought and political rallies because of its provision of 10 years imprisonment and fines of up to ₹1 lakh.

The bill also outlines what it describes as hate crimes, identifying them as acts involving the communication, promotion, propagation or attempted incitement of hate speech. (PTI)

The Karnataka Hate Speech and Hate Crime (Prevention) Bill was cleared by the cabinet on December 4 and was tabled in the assembly by Home Minister G Parameshwara, fulfilling a key promise of the Congress government amid loud objections from Bharatiya Janata Party (BJP) lawmakers.

According to the bill, any expression, which is made, published or circulated in words either spoken or written or by signs or by visible representations or through electronic communication or otherwise, in public view, with an intention to cause injury, disharmony or feelings of enmity or hatred or ill will against person alive or dead, class or group of persons or community, to meet any prejudicial interest is hate speech.

Any biases on the grounds of religion, race, caste or community, sex, gender, sexual orientation, place of birth, residence, language, disability, or tribe have also been categorised as hate speech.

The bill also outlines what it describes as hate crimes, identifying them as acts involving the communication, promotion, propagation or attempted incitement of hate speech.

The provisions of the Bill will not apply to books, pamphlets, papers, writings, drawings and painting representation or figures, if they are in the interest of science, literature, art, learning or are used for “bona fide” heritage or religious purposes. “If the offence under the proposed legislation is an organisation or institution, every person who, at the time of offence committed, was in charge of, and was responsible....shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly,” the Bill said.

A first offence will attract imprisonment for a term of not less than one year and up to seven years, along with a fine of ₹50,000, while subsequent or repetitive offences will lead to imprisonment of not less than two years and up to ten years, with a fine of Rs. 1,00,000/-.Offences under the Act are classified as cognisable and non-bailable. Courts may award adequate compensation to the victim based on the gravity of the impact of the crime.

“Of course, hate speech (prevention) is part of the government agenda. You cannot allow hate speech to happen. We have to maintain peace, law and order in the state,” deputy chief minister DK Shivakumar said.

Speaker UT Khader put the introduction of the bill to a voice vote, noting that the bill was formally tabled and directing those in support and opposition to register their responses. The uproar continued, resulting in Khader adjourning the House.

The government has argued that the measure is intended to strengthen existing legal provisions related to communal tensions. Senior officials have pointed to recent incidents of retaliatory killings in the Mangaluru region, which they say underscored the need for updated tools to curb violence. The administration has already created a specialised force to monitor potential flashpoints in coastal Karnataka, and separate wings are tracking online activity that could lead to unrest.

BJP leaders, however, have accused the Congress government of using the legislation to target figures associated with Hindu organisations, particularly in the coastal districts where communal tensions have been pronounced. They have asserted that the bill could be used against critics of the government.

Leader of Opposition R. Ashoka strongly opposed the Bill, accusing the government of attempting to curb free speech. “This is nothing but a conspiracy. The Bill is aimed at silencing Opposition leaders under the guise of hate speech. Anyone who speaks against the government will be targeted. The Congress wants to crush political dissent,” he alleged.

He further said: “You can bring whatever Bill you want. We will continue speaking the truth. If you want to file cases, go ahead. If you want to imprison us, do that too. But we will not stop.”

Home minister G Parameshwara said that measure was not directed at any political party. “This is not meant to target the BJP. We will not be in power permanently. Governments change. Whoever comes to power, the law will remain in place,” he said.

“Why should we target the BJP? The bill does not contain any reference to the BJP or any other political party, such as the Congress or Janata Dal Secular. It is being brought up considering the present day necessity. It will strengthen the existing laws,” he added.

The offences under the proposed legislation are cognisable and non-bailable.

The bill gives powers to the executive magistrate or special executive magistrate or deputy police superintendents to take “preventive action” if they believe that a person or a group within their jurisdiction will commit an offence under this legislation.

Liable people associated with the organisation will have to prove that the offence was committed without their knowledge or that they had exercised all due diligence to prevent the commission of such offence.

As per the bill, the designated officer, as notified by the state government, will have the power to direct any service provider, intermediaries, person or entity to block or remove the hate crime materials from its domain, including electronic media.

Speaking after the tabling of the Bill, Minister H. K. Patil launched a sharp counterattack on the Opposition. “The Constitution already prohibits hate speech. We are only implementing those principles. Why is the BJP so anxious? If they have done no wrong, why fear this Bill?” he asked.

Patil added that the Bill aims to protect peace and harmony across communities. “Those who want societal peace will never oppose this legislation. Only those who thrive on disturbing social harmony will resist it,” he remarked.

Congress MLA Priyank Kharge also defended the government, stating: “Why is the BJP getting restless? Who are they trying to protect? This Bill is for public safety, not political targeting.”