HYDERABAD: Terming the Telangana Hate Speech and Hate Crimes (Prevention) Bill a draconian tool to curb free speech, BRS working president KT Rama Rao on Monday raised serious constitutional, democratic and civil liberties concerns if the Bill becomes law.
In a statement, Rama Rao said that while preventing genuine hate speech and maintaining social harmony was an important responsibility of any government, the present framework appeared dangerously broad, vague and open to misuse. He noted that instead of protecting public order, the Bill risks becoming an instrument for selective targeting of Opposition leaders, critics, journalists and ordinary citizens expressing dissent.
The Bill defines hate speech using sweeping expressions such as ‘promoting ill-will’, ‘distorting harmony’ and ‘spreading false information’. These phrases are subjective and lack clear legal boundaries, Rama Rao said, adding that without precise definitions, enforcement becomes dependent on interpretation rather than evidence.
Even criticism of government decisions could be labelled as “disharmony” or “fake news”, thereby criminalising democratic expression, the BRS working president said.
He also cited Supreme Court judgements, stating, “The Supreme Court, in its landmark judgement in Shreya Singhal vs Union of India, clearly held that only speech directly inciting violence or public disorder can be restricted. Mere criticism, advocacy, satire or disagreement cannot be punished. Any legislation that goes beyond this constitutional threshold risks being struck down by courts for violating Article 19(1)(a) of the Constitution.”
One of the most worrying aspects of the Bill, he said, was the possibility of executive authorities deciding what constitutes “fake news”. Allowing the government to determine the truth about matters concerning itself undermines democratic accountability. Such provisions create a situation where the government becomes both a participant in public debate and the authority deciding what citizens are allowed to say.
He also expressed concern that the Bill proposes stringent penalties, including imprisonment of up to 7 years for first-time offences and up to 10 years for repeat offences. These punishments, he said, could discourage journalists from reporting sensitive issues, students from expressing opinions, citizens from criticising policies and Opposition parties from questioning the government.
He said the country already has several legal provisions dealing with hate speech, incitement to violence, defamation and public disorder.
Rama Rao appealed to the government to reconsider the Bill, warning that its wide scope of interpretation could lead to selective application against Opposition and critics.