Karnataka Assembly Passes Hate Speech and Hate Crimes Prevention Bill Amid Opposition Protest

Introduction

The Karnataka Legislative Assembly has passed the Karnataka Hate Speech and Hate Crimes Prevention Bill, a controversial piece of legislation aimed at curbing hate speech and hate crimes in the state. The bill was cleared amid intense opposition protests, with Bharatiya Janata Party (BJP) legislators disrupting proceedings and abstaining from the final stages of debate. The legislation classifies hate speech and hate crimes as cognisable and non-bailable offences, triggering significant constitutional and legal debate.

Background and Legislative Context

The bill was introduced by Home Minister G Parameshwara, who stated that the objective of the legislation is to prevent the dissemination, publication, and promotion of hate speech that fuels disharmony, hostility, and violence against individuals or groups.

The House proceedings were disrupted by BJP legislators protesting remarks made earlier by Urban Development Minister BS Suresh regarding lawmakers from Karnataka’s coastal region. Despite assurances by Speaker UT Khader that the remarks would be expunged from the official record, Opposition members continued protesting inside the House.

Objectives of the Hate Speech and Hate Crimes Prevention Bill

According to the Home Minister, the legislation seeks to:

  • Prevent hate speech that incites hatred or violence

  • Address the link between hate speech and violent crimes, including murder

  • Enable early intervention before hate speech escalates into public disorder

  • Strengthen the existing legal framework by providing state-specific preventive mechanisms

Parameshwara referred to a Supreme Court judgment dated May 5, which emphasised the need for stronger institutional responses to curb communal hatred spread through hate speech.

Scope and Definition of Hate Speech

The bill adopts a broad definition of hate speech, covering any expression made in public view, including:

  • Spoken words

  • Written or printed material

  • Signs or visible representations

  • Electronic communication, including online platforms

An expression qualifies as hate speech if it is intended to cause injury, enmity, hatred or ill-will against an individual, group, community, organisation, or even deceased persons, provided it serves a prejudicial interest.

Meaning of “Prejudicial Interest”

The bill defines prejudicial interest to include bias or hostility based on:

  • Religion

  • Race

  • Caste or community

  • Sex or gender

  • Sexual orientation

  • Place of birth or residence

  • Language

  • Disability

  • Tribe

This expansive definition significantly widens the scope of prosecutable conduct under the proposed law.

Penal Provisions Under the Bill

The bill classifies hate speech and hate crimes as:

  • Cognisable offences (police can arrest without warrant)

  • Non-bailable offences

Punishment Prescribed

  • First offence:

    • Imprisonment of not less than one year, extendable up to seven years

    • Fine of ₹50,000

  • Repeat or subsequent offences:

    • Imprisonment of not less than two years

    • Fine of ₹1 lakh

All offences under the Act are triable by a Judicial Magistrate First Class.

Vicarious Liability for Organisations

The bill introduces a form of statutory vicarious liability, stating that:

In the case of an organisation or institution, every person who was in charge and responsible at the time of the offence shall be deemed guilty.

This provision potentially exposes office-bearers, managers, and administrators to criminal liability for acts carried out under the organisational umbrella.

Preventive Powers Granted to Executive Authorities

Beyond penal consequences, the bill grants preventive powers to:

  • Executive Magistrates

  • Special Executive Magistrates

  • Police officers not below the rank of Deputy Superintendent of Police

Such authorities may take action if there is reason to believe that an offence under the Act is likely to be committed or has been threatened.

Regulation of Online Hate Content

The legislation establishes a state-level mechanism to tackle hate speech on the internet. A designated officer authorised by the state government may direct:

  • Service providers

  • Social media platforms

  • Internet intermediaries

to block, remove, or disable access to hate-related content. This mechanism is intended to operate alongside the existing framework under the Information Technology Act, 2000.

Statutory Exemptions and Safeguards

The bill provides specific exemptions to avoid overreach:

  • Expressions in the interest of science, literature, art, or learning

  • Bona fide discussion on matters of public concern

  • Material preserved for religious or cultural heritage

  • Actions taken in good faith by public servants

These exemptions aim to protect legitimate speech and academic or artistic expression.

Opposition’s Criticism and Political Fallout

Opposition leaders, led by R Ashoka, strongly opposed the bill, alleging that:

  • It targets Opposition parties and the media

  • It infringes upon the constitutional right to free speech

  • Existing laws are already sufficient to deal with hate speech

Ashoka compared the move to an “emergency mindset” and accused the government of attempting to criminalise dissent.

Despite demands for a division of votes, the Speaker allowed the bill to be passed while Opposition members continued protesting.

Constitutional Provisions Implicated

Article 19(1)(a) – Freedom of Speech and Expression

Guarantees the right to free speech, subject to reasonable restrictions.

Article 19(2) – Reasonable Restrictions

Permits the State to impose restrictions in the interests of:

  • Public order

  • Decency or morality

  • Security of the State

  • Incitement to an offence

The bill’s constitutionality will likely be tested on whether its restrictions are reasonable and proportionate.

Article 21 – Right to Life and Personal Liberty

Invoked by the State to justify protection against hate-induced violence and social disharmony.

Existing Statutory Framework on Hate Speech

The bill operates in a legal landscape that already includes:

  • Section 153A IPC / BNS equivalent – Promoting enmity between groups

  • Section 295A IPC – Deliberate acts intended to outrage religious feelings

  • Section 505 IPC – Statements conducing to public mischief

  • Information Technology Act, 2000 – Regulation of online content

Critics argue the new law duplicates these provisions, while supporters say it strengthens enforcement and prevention.

Judicial Precedents on Hate Speech

  • Pravasi Bhalai Sangathan v. Union of India (2014)
    Supreme Court recognised the dangers of hate speech but urged legislative restraint.

  • Amish Devgan v. Union of India (2020)
    Held that hate speech must be examined in context and intent.

  • Shaheen Abdullah v. Union of India (2022)
    Directed governments to act against hate speech without waiting for formal complaints.

The Karnataka government cited the Supreme Court’s May 5 judgment, which stressed proactive measures to curb communal hatred.

Conclusion

The passage of the Karnataka Hate Speech and Hate Crimes Prevention Bill marks a significant expansion of the State’s regulatory power over speech, both offline and online. While the government presents it as a preventive tool to preserve social harmony and public order, critics warn of overbreadth, potential misuse, and chilling effects on free speech.

Its implementation, enforcement, and eventual judicial scrutiny will determine whether the law strikes a constitutionally sustainable balance between freedom of expression and protection against hate-driven violence.

Location: Pune, Maharashtra, India

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