Context
The Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025 was recently tabled in the State Legislative Assembly, making Karnataka the first Indian state to introduce dedicated legislation defining and addressing hate speech. The Bill seeks to establish a specific legal framework to prevent the spread of hatred and social disharmony, as existing national laws, such as the Bharatiya Nyaya Sanhita (BNS), 2023 do not explicitly define “hate speech.”
About Hate Speech (as defined in the Bill):
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- Hate Speech: Any expression intended to cause injury, disharmony, or ill-will against a person, group, or community based on religion, caste, gender, sexual orientation, place of birth, language, disability, or tribe.
- Hate Crime: Any act of promoting, propagating, inciting, or abetting hate speech with the intent to create enmity or disharmony.
- Hate Speech: Any expression intended to cause injury, disharmony, or ill-will against a person, group, or community based on religion, caste, gender, sexual orientation, place of birth, language, disability, or tribe.
Key Provisions of the Bill:
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Provision |
Details |
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Penalties |
• First-time offenders: 1–7 years imprisonment and ₹50,000 fine • Repeat offenders: 2–10 years imprisonment and ₹1,00,000 fine |
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Legal Classification |
Offences are cognisable, non-bailable, and triable by a Judicial Magistrate First Class (JMFC) |
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Intermediary Liability |
Online platforms and service providers may face penalties if they facilitate or enable hate-based offences |
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Online Content Removal |
Designated State officers may order blocking or removal of content containing hate speech or hate crime across digital platforms |
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Preventive Action |
Executive Magistrates and police officers of DySP rank and above may take preventive measures if a person or group is likely to commit hate speech or hate crime |
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Offences by Organisations |
Organisations/institutions can be held liable. Responsible persons may be prosecuted unless they can demonstrate due diligence to prevent the offence |
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Exceptions |
Content created in public interest, or for science, literature, art, learning, heritage, or religion, is exempt if it does not promote hatred or incite harm |
Constitutional Aspects:
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- Article 19(1)(a): Freedom of Speech and Expression: The Bill restricts speech that incites hatred, enmity, or disharmony. Such limitations fall within the reasonable restrictions permitted under Article 19(2) in the interest of public order, decency, morality, and state security.
- Article 21: Right to Life and Personal Liberty: By criminalising hate crimes and targeted hostility, the Bill aims to safeguard individuals and communities from harm, thereby upholding the right to live with dignity.
- Article 14: Right to Equality: The Bill addresses discrimination based on religion, caste, gender, sexual orientation, and other protected characteristics, ensuring equal protection of the law for all citizens.
- Article 19(1)(a): Freedom of Speech and Expression: The Bill restricts speech that incites hatred, enmity, or disharmony. Such limitations fall within the reasonable restrictions permitted under Article 19(2) in the interest of public order, decency, morality, and state security.
Conclusion:
The Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025 seeks to strengthen social harmony, establish clear legal remedies for victims, and enable authorities to take preventive action before hate-driven violence escalates. However, critics caution that such legislation could be misused to curb free speech, underscoring the need for robust safeguards, transparent enforcement, and judicial oversight.
