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Karnataka clears hate speech bill: What counts as offence, punishment, exemptions — explained

Karnataka clears hate speech bill: What counts as offence, punishment, exemptions — explained

NEW DELHI: The Karnataka Assembly on Thursday passed the Hate Speech and Hate Crimes (Prevention and Control) Bill, 2025, amid strong objections from the opposition BJP.After winning the vote, home minister G Parameshwara explained the key provisions of the legislation, which was introduced in the assembly on December 10.Deputy chief minister DK Shivakumar said the decision to bring the Hate Speech Regulation Bill was part of the government’s broader agenda to maintain peace and ensure law and order in the state.So what is this bill and why it matters? Here’s all you need to know:Why Congress government brought this bill?The Siddaramaiah government drafted the legislation after a series of communal incidents, including the May 2025 Mangaluru “revenge killing” in an attempt to address rising hostility and violence in the region. Suhas Shetty, a Hindu activist with a long criminal record, was murdered in Mangaluru in revenge killing. Shetty was the prime accused in the sensational 2022 murder of Mohammed Fazil. In the light of this, the government brought this bill to:

  • To curb and prevent the dissemination, publication or promotion of hate speech and hate crimes.
  • To provide punishment for such crimes.
  • To ensure adequate compensation to victims who suffer injury due to hate crimes.

How do you define hate speech?The bill gives a broad and explicit definition of hate speech.It includes any expression, spoken or written, published or circulated, through signs, visible representations, electronic communication or any other means, made in public view, with the intention to cause injury, disharmony, enmity, hatred or ill-will against a person or group, whether alive or dead, or an organisation, to meet what the law calls a “prejudicial interest”. What is “prejudicial interest”?The bill lists specific grounds on which hate speech is prohibited. These include bias based on:

  • Religion
  • Race
  • Caste or community
  • Sex
  • Gender
  • Sexual orientation
  • Place of birth
  • Residence
  • Language
  • Disability
  • Tribe

This makes the scope of protection wider than many existing laws, which often focus mainly on religion, race or caste.What counts as a hate crime?Under the bill, a hate crime is not limited to direct speech alone.It includes:

  • Making, publishing or circulating hate speech
  • Promoting, propagating, inciting or abetting hate speech
  • Attempting to cause disharmony, enmity, hatred or ill-will through such communication

This means both direct offenders and those who amplify or encourage hate speech can be prosecuted.What’s the punishment?Under the bill, those convicted of a hate crime may face imprisonment of up to three years, or a fine of up to Rs 5,000, or both.The offence is described as non-cognisable and non-bailable, to be tried by a First Class Magistrate.For hate speech, the Bill prescribes a similar punishment of imprisonment of up to three years or a fine of up to Rs 5,000, or both.This offence is also non-cognisable and non-bailable.For repeated offences, the bill proposes punishment of imprisonment up to 10 years.Are there any exemptions?Yes. The bill provides exemptions for material that can be justified as being for the public good.It does not apply to books, writings, drawings, paintings or electronic material if they are proven to be:

  • In the interest of science, literature, art or learning
  • For other objects of general concern
  • Used for bona fide heritage or religious purposes

This clause is intended to protect academic work, artistic expression and genuine religious practices from prosecution.What about organisations and institutions?The bill extends liability beyond individuals.If a hate crime is committed by an organisation or institution, then:

  • The organisation itself
  • And every person in charge of, or responsible for, its conduct

can be held guilty, unless they can prove lack of knowledge or that they exercised due diligence to prevent the offence.The term “organisation or institution” includes even unregistered associations of persons. Does the bill override existing laws?No.It explicitly states that its provisions are in addition to, and not in derogation of, existing laws such as:

  • The Bharatiya Nyaya Sanhita, 2023
  • The Information Technology Act, 2000

Definitions from these laws apply wherever relevant.The BJP has however called this an attempt to target the opposition.Leader of opposition in the Karnataka Assembly R Ashoka said that this bill is nothing but an “obsession” of the ruling party. This is aimed at snatching freedom of expression, especially of the political opponents.The LoP in the legislative council Chalavadi Narayanaswamy echoed a similar sentiment.”This is mainly to target the opposition. We have examples that when we lodge a complaint, neither FIR is registered nor arrests made but when we post something on social media, we are arrested without even a formal complaint,” Narayanaswamy charged.The BJP leader said the party will give a befitting reply.(With agency inputs) Go to Source

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