A landmark bill to control hate speech and hate crimes got the green light from the Karnataka cabinet today, paving the way for its introduction in the State Legislature.
The Hate Speech And Hate Crimes (Prevention And Control) Bill, a copy of which has been accessed by NDTV, proposes stringent penalties on individuals and organisations found guilty of promoting communal disharmony or spreading hate speech.
What Minister Said
The bill, said HK Patil, minister for law and parliamentary affairs, is "meant to see that unnecessary disturbance is not created in the society".
"We have made quite good provisions as regards to penalties and punishment is concerned. The law will deal very firmly against the hate speech," he added.
He said right now, "There is no adequate law in position in India, and that's why we decided to bring this law".
The bill, he clarified, will not suppress dissent. "But the creation of hatred is definitely going to be dealt by law," he added.
The Fine Print
The Bill provides a wide-ranging definition of hate speech, stating that it includes any spoken, written, or electronic expression made in public with the intent to create injury, disharmony, or hatred against a person, group, or community due to prejudicial interests such as religion, race, caste, sex, gender, sexual orientation, place of birth, residence, language, disability, or tribe.
What Is A Hate Crime
A 'Hate Crime' refers to making, publishing, circulating, or promoting such hate speech in any form. 'Communication' covers any public expression conveyed verbally, in print, electronically, or through other means. Terms not defined in this Act carry the meanings given in the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, or the Information Technology Act.
Punishment Is Stringent
The Bill introduces several key provisions, including strict punishments for hate speech offenses.
A first conviction can result in imprisonment ranging from one to seven years along with a fine of Rs 50,000. Repeat offenses may lead to imprisonment of two to ten years and a fine of Rs 1,00,000.
All offenses under the Act are cognizable and non-bailable, and they will be tried by a Judicial Magistrate First Class. Moreover, the courts are empowered to award a victim compensation proportionate to the harm caused.
Organisations Held Responsible Too
The Bill extends accountability beyond individuals by holding organizations responsible, with office-bearers deemed liable unless they can prove lack of knowledge or that they exercised due diligence. It also places obligations on digital platforms, allowing a designated officer to direct service providers to block or remove hate content online.
The Bill includes preventive powers and safeguards, authorizing Executive Magistrates and senior police officers to take action against potential offenders.
At the same time, it protects freedom of expression by providing exemptions for academic, artistic, literary, scientific, and bona fide religious or heritage works.
With Cabinet approval secured, it will now be tabled in the upcoming winter session on December 8 in Belagavi.
