SYLLABUS
GS-2: Government policies and interventions for development in various sectors and issues arising out of their design and implementation
Context: Recently, Karnataka Cabinet approved the Hate Speech and Hate Crimes (Prevention) Bill, 2025, to curb dissemination of hate speech/crimes and prevent societal disharmony.
Key Features of the Karnataka Hate Speech and Hate Crimes Bill
- Definition of Hate Speech: The Bill adopts a comprehensive definition of hate speech, covering spoken words, written text, signs, visible representations, or electronic media intended to promote injury, disharmony, enmity, hatred, or ill-will against individuals or groups.
- Grounds of Protection: It protects against bias targeting religion, race, caste, community, sex, gender, sexual orientation, place of birth or residence, language, disability, or tribe.
- List of crimes: Hate crimes encompass creating, publishing, circulating hateful content, or promoting, propagating, inciting, or abetting such speech.
- Penalties: Penalties mandate 1-7 years’ imprisonment plus ₹50,000 fine for first offences, and 2-10 years plus ₹1,00,000 for repeats; offences qualify as cognizable, non-bailable, and triable by a First-Class Judicial Magistrate.
- Collective liability: Collective liability applies to organizations and their responsible office-bearers for hate speech or crimes, unless they demonstrate lack of knowledge or due diligence.
- State Authority Over Online Platforms: The bill designated state officers hold authority to instruct service providers and intermediaries to block or remove online hate content.
- Exemption: Exemptions safeguard content advancing public good, science, literature, art, learning, or bona fide religious/heritage purposes.
Current Framework for Hate Speech
- Constitutional Framework:
- Article 19(1)(a): It ensures the fundamental right to freedom of speech and expression for all citizens, forming the backbone of democratic participation.
- Article 19(2): It empowers the State to impose reasonable restrictions on free speech in specific circumstances.
- Legal / Statutory Framework:
- Bhartiya Nyaya Sanhita (BNS) 2023:
- Section 196: It Punishes promoting enmity or disharmony between groups based on religion, caste, race, etc., aiming to preserve communal harmony.
- Section 197: It targets statements prejudicial to national integration, such as asserting that certain groups are disloyal to the nation.
- Section 299: It penalizes deliberate and malicious acts intended to outrage religious feelings, providing strong protection against targeted religious insult.
- Section 300: It covers words, gestures, or acts deliberately intended to wound religious sentiments.
- Representation of the People Act, 1951: It classifies appeals to religion, race, caste, or community that promote hatred during elections as a corrupt practice, enabling disqualification or penal action against candidates.
- Supreme Court directions:
- Pravasi Bhalai Sangathan v. Union of India (2014): The Court acknowledges the serious harm caused by hate speech, especially to marginalized groups, and has urged Parliament to frame a comprehensive hate speech law while directing the Election Commission to act firmly against such speech during elections to protect social harmony.
- Amish Devgan v. Union of India (2020): Hate speech is defined as an attack on the dignity of individuals or groups based on identity, while protecting legitimate criticism and condemning vilification or targeted humiliation of communities.
Source:
Indianexpress
Deccanherald