Paper: GS – II, Subject: Polity, Topic: Legislature, Issue: Karnataka Hate Speech & Hate Crimes Prevention Bill, 2025.
Context:
The Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025 seeks to curb hate speech and hate crimes, preventing dissemination that fuels social disharmony and hatred.
Key Takeaways:
| Hate speech: includes 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 in public view, with an intention to cause injury, disharmony, or feelings of enmity or hatred or ill-will against a person alive or dead, a class or group of persons, or a community to meet any prejudicial interest. The prejudicial interest includes religion, race, caste or community, sex, gender, sexual orientation, place of birth, residence, language, disability or tribe. |
KEY FEATURES OF THE KARNATAKA BILL:
- Creation of a Distinct Offence: Defines hate speech broadly, including:Incitement to religion-based, caste-based, linguistic, or gender-identity–based hatred.Covers both verbal and non-verbal communication.
- Stricter Penalties: Enhanced imprisonment and fines compared to IPC provisions.
- Collective Responsibility: Organisations (political, religious, social) can be held liable if their members commit hate speech.
- Platform Regulation: State empowered to block or remove hate-content online.
- Separate Category of Hate Crimes: Distinguishes hate speech from hate crimes involving physical harm.
- Wider Scope: Extends to offline + online spaces, public gatherings, campaigns, and digital platforms.
- Section 66A of the IT Act was earlier used but struck down in 2015.
Key Issue:
These sections address “public order,” “enmity,” or “deliberate insult” — but none define ‘hate speech’ directly, leaving wide discretion for enforcement.
Supreme Court Intervention: Over the past decade, the Supreme Court of India has:
- Repeatedly asked governments to frame a clear legal definition of hate speech.
- Observed rising hate speech incidents due to weak enforcement.
- Sought guidelines in cases involving hate speech during elections, communal incidents, and online abuse.
- 2018 Tehseen Poonawalla judgment emphasised state responsibility to curb hate crimes.
Despite concerns, Parliament never enacted a specific hate speech law.
Law Commission Reports:
- 267th Report (2017): Proposed adding new IPC sections 153C & 505A to criminalise incitement against groups.
- Recommendation not accepted by the Union Government.
Recent Committees:
- 2023: Committee on Hate Speech & Hate Crimes (chaired by former DGP M.A. Saleem) reviewed existing laws; found them inadequate.
Concerns:
- Possibility of misuse against political or ideological dissent.
- Overlaps with central laws; federal questions may arise.
- Enforcement challenges similar to IPC provisions if not accompanied by safeguards.
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