Daijiworld Media Network - Bengaluru
Bengaluru, Dec 19: The Karnataka Legislative Assembly, on December 18, passed the Karnataka Hate Speech and Hate Crimes Prevention Bill. The India's first maiden such bill was met with strong protests by the Opposition BJP, which staged demonstrations and stayed away from the final stages of the debate.
The bill was introduced by home minister G Parameshwara, who said the proposed legislation was aimed at preventing and punishing hate speech and hate crimes that promote hatred, social discord and violence. Proceedings were repeatedly disrupted during the discussion, particularly after remarks made by urban development minister B S Suresh, leading to noisy scenes in the House. Despite BJP members demanding a division of votes, the Speaker proceeded with the passage of the bill as the Opposition continued its protest.
Explaining the intent of the legislation, Parameshwara said unchecked hate speech had, in several instances, led to serious crimes, including murders, and there was a need to prevent such incidents before they escalated. He also cited a Supreme Court judgment delivered on May 5, which called for stronger measures to curb the spread of communal hatred through hate speech.
The bill defines hate speech broadly to include spoken or written words, printed material, signs, visible representations, and electronic or online communication made in public view, if such expression is intended to cause injury, enmity, hatred or ill will. Hate crime is defined as any criminal act committed against an individual or group, motivated wholly or partly by prejudice based on factors such as religion, caste, race, gender, sexual orientation, language, disability, place of birth or community.
The scope of the law extends to speech directed at individuals, groups, communities or organisations, and also includes references to deceased persons, if such expression serves what the bill terms a “prejudicial interest”. Prejudicial interest is described as bias or hostility linked to religion, race, caste, community, sex, gender, sexual orientation, place of birth or residence, language, disability or tribe.
Under the bill, hate speech and hate crimes are classified as cognisable and non-bailable offences. Cases will be tried by a judicial magistrate first class. The punishment for hate crimes includes imprisonment for a minimum of one year, which may extend up to seven years, along with a fine of Rs 50,000. For repeat offences, the punishment may increase to a minimum of two years’ imprisonment and a fine of Rs 1 lac. In cases involving organisations or institutions, every person in charge at the time of the offence can be held liable and prosecuted.
The legislation also grants preventive powers to the executive and the police. An executive magistrate, special executive magistrate or a police officer not below the rank of deputy superintendent of police may take action if there is reason to believe that an offence under the Act is likely to be committed or has been threatened. The bill further provides for a state-level mechanism to address hate content online, empowering a designated officer to direct service providers or intermediaries to block or remove such material, in coordination with provisions of the Information Technology Act.
The bill includes safeguards, exempting publications or expressions made in the interest of science, literature, art, learning or matters of public concern, materials preserved for bona fide heritage or religious purposes, and actions taken in good faith by public servants.
Supporting the legislation, deputy chief minister D K Shivakumar said preventing hate speech was part of the government’s agenda to maintain peace, law and order in the state.
The BJP opposed the bill, arguing that it could be misused to target political opponents and the media. Leader of the Opposition R Ashoka said the law would curtail the constitutional right to free speech and claimed existing laws were sufficient to deal with hate speech. Protests intensified after controversial remarks during the debate, and although the Speaker announced that the comments would be expunged from the records, the House remained disrupted until the bill was passed amid Opposition protests.