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New Karnataka Bill Proposes Strict Punishment for Hate Speech and Hate Crimes

The Karnataka cabinet has approved a major new legislation aimed at curbing hate speech and hate crimes in the State. The Hate Speech and Hate Crimes (Prevention and Control) Bill will now be placed before the State Legislature for consideration.

Law and Parliamentary Affairs Minister HK Patil said the Bill is designed to prevent disturbances in society and deal strictly with those who spread hatred. He added that India currently does not have a dedicated law to tackle hate speech, which is why the State decided to introduce this Bill. He also clarified that the law will not restrict dissent; it only targets expressions that intentionally create hatred.

What the Bill Defines as Hate Speech

The Bill gives a broad definition of hate speech. It includes any spoken, written, or electronic communication made in public with the intention to cause harm, create disharmony, or provoke hatred against an individual or group. This may relate to religion, race, caste, sex, gender identity, sexual orientation, language, place of birth, residence, disability, or tribe.

Meaning of Hate Crime

A hate crime covers the act of making, publishing, promoting, or circulating hate speech in any form. The term “communication” includes verbal statements, printed material, digital expressions, or any other mode of public communication. Any terms not defined in the Bill will carry the meanings given under the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, or the Information Technology Act.

Strict Punishment Proposed

The Bill introduces stringent penalties for hate speech offences:

  • First conviction: Imprisonment from 1 to 7 years and a ₹50,000 fine
  • Repeat offence: Imprisonment from 2 to 10 years and a ₹1,00,000 fine

All offences will be cognizable and non-bailable, and they will be tried by a Judicial Magistrate First Class. Courts may also order compensation to victims based on the extent of harm caused.

Organisations Also Made Liable

The Bill expands responsibility to organisations. Office-bearers of an organisation may be held accountable unless they prove that they were unaware of the offence or that they acted with due diligence to prevent it.

Digital platforms also fall within the law’s scope. A designated officer will have the authority to direct online service providers to block or remove hate content.

Preventive Powers and Safeguards

The Bill authorises Executive Magistrates and senior police officials to take preventive steps if they believe an individual may commit a hate speech-related offence.

To protect freedom of expression, the Bill provides exemptions for academic, literary, artistic, scientific work, and genuine religious or heritage-related expressions.

With the cabinet’s approval, the Bill will be tabled in the winter session on December 8 in Belagavi.

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