Karnataka Hate Speech Bill raises concerns over misuse despite intent to curb communal discord
The Indian society has for long been appreciated for its pluralistic nature. But this pluralism is peppered with incidents which threaten the social fabric. It remains a threat that needs to be nipped in the bud. Some regions in Karnataka – like the coastal belt and pockets in the north and south interior of the state – have demonstrated worrisome levels of communal discord over the past few years.
Nurturing a society to enable it to evolve into a progressive and peaceful one is a challenging task for any government. It is even more challenging considering the ironic fact that the very social diversity which we are so proud of becomes a key ingredient to seed and sprout discord.
It is to tackle this challenge that the Congress-ruled Karnataka government tabled and passed Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025, in the recent legislative session. The proclaimed rationale behind it was to create a specific, standalone law to curb incidents linked to hate speeches/crimes.
However, the Bill – which is awaiting the Governor’s assent – should not be seen as a magic wand that would make communal discord vanish into thin air. In fact, at best, it could act as a deterrent, considering the stiff penalties it threatens perpetrators with.
But at worst, it presents itself as a weapon in the hands of the political masters to put down opposition of any kind. It can easily target any individual, group/s of individuals or institution/s whose expressions or actions may be construed in a desired manner and shown off as hate speech or hate crime, and ‘perpetrator’ made to face stringent punishments proposed in the Bill – it has all the spice to be a potentially Draconian law.
The seed for the Bill being potentially Draconian lies in its ambiguities. The Bill defines ‘hate speech’ as “…any expression which is made, published, or circulated, in words either spoken or written or by signs or by visible representations or through electronic communication or otherwise, in public view, with an intention to cause injury, disharmony or feelings of enmity or hatred or ill-will against person alive or dead, class or group of persons or community, to meet any prejudicial interest…” By ‘prejudicial interest’, it means and includes, the bias on the grounds of religion, race, caste or community, sex, gender, sexual orientation, place of birth, residence, language, disability, or tribe.
It defines ‘hate crime’ as “communication of hate speech, by making, publishing or circulating or any act of promoting, propagating, inciting or abetting or attempting, such hate speech, to cause disharmony or feelings of enmity or hatred or ill-will against any person dead or alive or group of persons or organization.
By ‘Communication’, the Bill means and includes communication of expression, made in public view, by way of verbal, print, publication, electronic means, or other means to convey such expression.
The Bill lays down stringent punishment for ‘hate crime’, stating that the perpetrators would be “punished with imprisonment for a term which shall not be less than one year, which may extend to seven years with a fine of Rs.50,000/-; and for any subsequent or repetitive offences the punishment shall not be less than two years, which may extend to ten years with fine of Rs1,00,000/-.”
The Congress-driven Bill appears to have been ideated as a “lesson” to the BJP-ruled Centre. It is said to be drafted to fill a legislative gap in the BJP-driven Centrally legislated Bharatiya Nyaya Sanhita (BNS) (formerly the Indian Penal Code), which stops short of defining and penalizing ‘hate speech’ as a crime.
The Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025, does intend to curb the rising number of communal clashes and hate-related incidents. It does send a message about the coming of a non-bailable law to prevent escalation of hate crimes. It does broaden the protection of people through deterrence, extending it on the lines of gender, sexual orientation, disability, place of birth, and language. It places responsibility on the shoulders of organizations and their respective office-bearers, holding them accountable for hate crimes/speeches by their respective employees or members.
But what it does not do – and cannot be expected to do – is to lay the foundation for harmonious coexistence, which is the very core of pluralism and diversity that has reflected India’s character so far. The Bill, if or when it does become a law, will not be able to stop hatred generated in the minds of people, although it may stifle hate-filled expressions and actions to evade the stringent punishment it lays down.
Harmony in society is tough to achieve and maintain in the diverse society of India, of which Karnataka is a reflection with varied castes, cultures, communities, groups, languages and religions. But it is not impossible to achieve a harmonious society in which hate speeches/crimes will find no place if top-down institutional reforms through appropriate legislation are not sincerely matched with a bottom-up individual and community engagement. The latter can happen only when education and healthcare are focused on to broaden the minds of people with healthier bodies. Legislation should be aimed to achieve that.
This Bill, clearly with an eye on political one-upmanship with the BJP-ruled Centre, will not stop hate festering in the minds of people. The all-important goal of achieving social and communal harmony will remain a distant dream, in that case.