BENGALURU: Karnataka Governor Thaawarchand Gehlot has reserved the contentious Karnataka Hate Speech and Hate Crime (Prevention) Bill, 2025, for the consideration of the President of India. Emphasising the need for more deliberations to ascertain the palpable constitutionality of the Bill, the Governor stated, “...I hereby exercising the powers under Articles 200, 201 and 254 of the Constitution of India, reserve the subject bill LA No 79/2025 i.e., The Karnataka Hate Speech and Hate Crime (Prevention) Bill, 2025 (Bill No 79 of 2025) for the kind consideration and assent of Her Excellency, the President of India.”
The Bill was passed in the winter session of the state legislature in Belagavi in December last year. In the communication sent to the State Government, the Governor said there is no doubt that hate speech is harmful to society. “But killing freedom in the name of preventing hatred is not the solution. In a free society, the answer to hatred should be ‘free speech,’ not ‘dictatorial laws.’ Education, culture, and awareness should be used to combat hate speech,” he said.
The Bill defines hate speech as any expression causing injury or disharmony against a person or group based on religion, race, caste, gender, sexual orientation, place of birth, or disability. It introduces organisational accountability, where persons in positions of responsibility can be held guilty if hate speech is linked to their organisation, and empowers the State Government to block or remove hateful content online, addressing the digital propagation of hate speech.
The Lok Bhavan received 40 representations against the proposed Bill with detailed explanations about its effects.
One of the criticisms was that it was passed by the Assembly and Council without meaningful consultation with civil society organisations, media bodies, digital rights groups, or constitutional experts, as well as elected representatives.
The Governor also took into consideration some of the legal issues, including existing Central frameworks and occupied fields; vagueness, overbreadth, and chilling effect (Article 19(1)(A); proportionality and procedural safeguards (Article 19 and 21); equality and manifest arbitrariness (Article 14), and repugnancy, legislative competence, and federal balance.
“The vitality of a democratic society depends on the freedom of expression enjoyed by its citizens. Democracy is not just about voting; it is a system of respecting differences of opinion, questioning authority, and having free dialogue. But many times, in history, laws brought in the name of ‘social security’ and ‘harmony’ have taken away this fundamental right of the citizens. The ‘Karnataka Hate Speech and Hate Crimes (Prevention) Bill-2025’ proposed by the Karnataka Government is a harbinger of such a serious predicament. The legal framework of this Bill, its ambiguities, and its possible long-term effects on democracy need to be properly analysed by the intellectual community,” the Governor stated.
It was also noted that the definition given to ‘hate speech’ or ‘hate crime’ in the Bill is very broad and vague. “Constitutional morality and non-bailable detention, the quantum of punishment imposed under the Bill is shocking. The provisions of imprisonment of 7 years in the first instance, and 10 years in the second instance and non-bailable detention make this law more repressive, the Governor stated.
“Karnataka is a home of intellectual movements. Literature and thought here have always questioned the status quo. From the tradition of Vachana to modern literature, everything has been a source of criticism and has tried to improve society. But this bill could hinder such an intellectual tradition. The protection of freedom of expression should not be limited to just one individual or community, but should be a collective right of the entire society,” the Governor stated.