Karnataka Legislates Against Hate Speech and Hate Crimes
Bengaluru, India – The southern Indian state of Karnataka has passed a bill aimed at preventing hate speech and hate crimes. The legislation, approved last month by state legislators, seeks to address expressions and actions that contribute to communal tension or target specific individuals and groups.
Background and Context
Hate speech has been a reported issue in India, with an observed increase in recent years, amplified by social media proliferation and television commentary. A report from the previous year indicated a 74% rise in hate speech against minority groups, predominantly Muslims, during the 2024 national elections. The Congress party-led Karnataka government has stated the bill is necessary, citing the potential for hate speech to escalate into real-world violence.
Key Provisions of the Bill
The Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025, awaits the state governor's assent to become law. It outlines procedures for the investigation and prosecution of hate speech cases.
- Definition of Hate Speech: The bill defines hate speech as any “expression which is made, published, or circulated… in public view,” encompassing verbal, print, television, and social media formats.
- Definition of Hate Crime: A hate crime is defined as the “communication of hate speech,” without specifying whether it must directly lead to violence.
- Digital Platform Powers: The bill grants the state government authority to direct social media and digital platforms to remove content deemed hate speech, a power currently exclusive to the federal government in India.
India lacks a comprehensive federal law against hate speech, though various existing legal provisions prohibit certain forms of speech, writing, and actions as exceptions to free speech. These include the criminalization of acts promoting “enmity between different groups on grounds of religion” and “deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.”
Government and Opposition Stances
Karnataka Home Minister G Parameshwara stated to the assembly that the bill aims to address gaps in existing laws. He indicated that under the new legislation, hate speech and hate crimes would become non-bailable offenses, expanding the state's powers to act.
The Bharatiya Janata Party (BJP), which governs nationally but is in opposition in Karnataka, has voiced objections to the bill, arguing that a separate law is not required. Opposition leader R Ashoka stated that the law could infringe upon citizens' constitutional right to free speech and potentially lead to the incarceration of opposition leaders and media personnel.
Legal Experts' Perspectives and Concerns
Legal experts and free speech advocates have articulated concerns regarding the bill's implications.
- Potential for Misuse: Supreme Court lawyer Sanjay Hegde suggested that the law could be susceptible to misuse by political parties across the political spectrum. Alok Prasanna Kumar, an advocate and co-founder of Vidhi Centre for Legal Policy, indicated that while the law's intent might be positive, there is significant potential for its misuse.
- Definitions and Scope: Siddharth Narrain, an assistant professor at the National Law School of India University, noted that the bill attempts to provide a legal definition of hate speech that extends beyond existing provisions on promoting enmity and outraging religious feelings, to include speech targeting caste, religion, and other identities. However, he also observed that the bill blurs the distinction between hate speech and hate crime, defining communication itself as a hate crime regardless of whether it leads to violence.
- Free Speech Implications: Experts have referenced a 2015 Supreme Court ruling which mandates that laws criminalizing speech must be precise and not overly broad, to mitigate effects that could lead to self-censorship.
Penalties
If enacted, individuals convicted of hate crimes under the bill would face non-bailable jail terms ranging from one to seven years and fines of 50,000 rupees (approximately $550 USD). Repeat offenders would face tougher penalties.
The Chief Minister of neighboring Telangana state, also governed by the Congress party, has indicated plans to introduce a similar legislative proposal.