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Hate speech now non-bailable offence: Karnataka assembly passes Bill; includes 7-year jail term

Hate speech now non-bailable offence: Karnataka assembly passes Bill; includes 7-year jail term

Karnataka CM Siddaramaiah (File photo)

NEW DELHI: The Karnataka assembly on Tuesday passed the hate speech bill amid protests by BJP MLAs. The bill, cleared by the cabinet on December 4, was presented in the state assembly by home minister G Parameshwara on December 10.The minister said the provision for 10 years jail term in the event of repeated offence has been reduced to seven years.According to the bill formulated by CM Siddaramaiah-led Congress government, 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 or otherwise, in public view, with an intention to cause injury, disharmony or feelings of enmity or hatred or ill-will against person alive or dead, class or group of persons or community, to meet any prejudicial interest, is hate speech.During the discussion, Urban Development minister Byrathi Suresh said coastal Karnataka is “burning” due to hate speech and hate crime, reported news agency PTI.BJP MLAs from the region raised objections to this and then trooped into the well of the house. Other BJP legislators followed them.There is also a provision for compensating victims based on the severity of the offence. Definitions under the Bharatiya Nyaya Sanhita, 2023, and the Information Technology Act will apply to the new legislation. Home minister G Parameshwara introduced the bill in the assembly amid protests from BJP members.”Whoever commits hate crimes shall be punished with imprisonment for a term which shall not be less than one year, but which may be extended to seven years, and with a fine of Rs 50,000. Furthermore, for subsequent or repetitive offenses (two or three times), the punishment will be increased to two years and a fine of one lakh rupees (instead of Rs 50,000),” the state home minister G Parameshwar said.The bill seeks to make hate speech a cognizable, non-bailable offence for which offenders can face trial at the court of the Judicial Magistrate First Class (JMFC).“In case of an organisation or institution, every person who, at the time of the offence, was in charge and was responsible, shall be deemed guilty and shall be liable to be proceeded against and punished accordingly,” the bill states.Exemptions cover publications proven to be in public interest — such as those related to science, literature, art, learning or heritage — as well as acts done in good faith by public servants. Materials kept for bona fide heritage or religious purposes are also excluded from the ambit of the law.Deputy CM DK Shivakumar, backed the bill saying: “Of course, hate speech [prevention] is part of the government’s agenda. We must maintain peace, law and order in the state.”Though senior BJP member Sunil Kumar sought a division of votes, the Speaker went ahead with tabling the bill, which was later taken up for discussion in both Houses.Union minister of heavy industries and JD (S) functionary HD Kumaraswamy on Tuesday claimed that the state government introduced the Bill only to “silence the opposition”.After offering puja to deity Chamundeshwari atop Chamundi Hills in Mysuru on his birthday, the minister told reporters that it is an attempt to suppress the opposition leaders, but they will not be intimidated by such tactics. Go to Source

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