Karnataka Hate Speech Bill: The Karnataka government has introduced a new law called the Karnataka Hate Speech and Hate Crimes (Prevention) Bill in the Assembly on December 10. The bill was tabled during strong opposition protests, but the government says it is essential to reduce hate speech and protect harmony in society.
What is the purpose of the Bill?
The bill aims to stop the spread of hate speech and hate crimes, whether spoken, written, or shared online. It seeks to punish offenders and also provide compensation to victims. It will work alongside existing national laws, not replace them.
How does the Bill define Hate Speech?
Any expression spoken, written, social media posts, visuals, or gestures that tries to spread hatred, enmity, violence, or ill will against a person or community is classified as hate speech. This includes targeting someone based on religion, caste, gender, language, disability, race, or sexual orientation.
What is a hate crime?
Publishing, spreading, promoting, or encouraging hate speech becomes a hate crime when it is done with the intention to cause disharmony or hatred towards individuals or groups.
What are the punishments?
– First offence: Jail term from 1 to 7 years + fine of ₹50,000
– Repeat offence: Jail term from 2 to 10 years + fine of ₹1,00,000
These offences are non-bailable and cognisable, meaning police can arrest without a warrant.
Does the Bill allow victim compensation?
Yes, Courts can order compensation depending on the seriousness of the harm caused.
Are any kinds of speech protected?
Yes, Speech related to science, literature, art, public interest, or genuine religious and cultural content is exempt.
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What preventive powers does the Bill give police?
Police officers and magistrates can take preventive action if they believe someone is likely to commit hate speech.
Can the government block online content?
Yes, The state can order platforms and intermediaries to remove or block hate content.
What about organisations?
If an organisation commits a hate speech offence, those responsible for its operations can also be punished, unless they prove they acted with due diligence.
How does this fit into India’s current laws?
This bill adds more tools to existing laws such as the Bharatiya Nyaya Sanhita and IT Act, which already deal with public order and misuse of speech. Enforcement agencies use several provisions of the Bharatiya Nyaya Sanhita as tools to protect “public order” in the lack of a specific hate speech statute. The most common of them is Section 196 (formerly IPC Section 153A), which forbids “promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.”
Similar to this, IPC Section 295A, Section 299 of the BNS, which covers “deliberate and malicious acts” intended to denigrate a religion or offend the religious sentiments of any group, is also frequently utilized. In addition, remarks or false information that can incite crimes against the State or a community or disrupt public order are covered by Section 353.