The Karnataka Assembly on Thursday, December 18, passed the much-contested Hate Speech and Hate Crimes (Prevention) Bill, the first such law in India.
The Bill was first cleared by the state Cabinet on December 4 and introduced in the House by Karnataka Home Minister G Parameshwara on December 10. It drew strong opposition from the Bharatiya Janata Party (BJP) and its National Democratic Alliance (NDA) partners, with many tearing the document in protest. Leader of the Opposition R Ashoka termed the Bill as “Hitlerian,” and said it infringes the freedom of expression.
Before delving into the provisions and exemptions of the Hate Speech and Hate Crimes (Prevention) Bill, it is important to understand how it defines hate crime and hate speech.
According to the Bill, hate speech is defined as an “expression – spoken, written, visual representation or communication through print and electronic media – made with an intent to cause injury, disharmony, enmity or ill-will against a person (dead or alive), or against a class, or a group of community based on religion, caste, gender, language, disability, place of birth or tribe.”
A hate crime refers to “communication of hate speech,” including acts of making, publishing, circulating and sharing online meant to promote, propagate, incite, attempt such speech, through verbal, print, electronic or other means, with the intention of causing disharmony or feelings of enmity, hatred or ill-will against a person, living or dead, or against a group, community or organisation.
The provisions under what defines cases of hate speech and hate crime are left to the interpretation of the authorities.
Until Thursday, December 18, there was no specific law that explicitly defined hate speech or hate crime. Most Indian states rely on various provisions in the Bharatiya Nyaya Sanhita (BNS) – Section 299 (outrage religious feelings), Section 298 (damage or defilement of a place of worship), Section 301 (trespassing in a place of sepulture), Section 302 (uttering, words, etc, with deliberate intent to wound the religious feelings of any person) and Section 300 (disturbing a religious assembly).
According to the Congress-ruled government in Karnataka, the Bill introduces a broader definition of hate speech and hate crimes.
The government cited a series of communal incidents, including this year’s killing of 30-year-old Suhas Shetty, a Bajrang Dal leader from Mangaluru. According to the police, Shetty was the prime accused in the 2022 murder of Mohammed Fazil, who was hacked to death.
The government also asserted that the legislation is necessary to curb the “rising spread, publication and promotion of hate speech and crimes that create a communally charged or disharmonious atmosphere.”
The Bill has provisions for a jail term of one to seven years, and a fine of Rs 50,000 in case of first-time offenders. For repeated offenders, the punishment will be between two and 10 years in prison, and a penalty of Rs. 1 lakh.
The Bill allows the police to register a case immediately, which is non-bailable and will be tried in a lower court, who can provide adequate compensation to victims depending on the gravity of the injury and its emotional and mental impact on the victim.
The Bill can also hold a company, institute or a group or people in charge responsible if they are found guilty of committing a hate crime.
Under the Bill, the government will appoint a designated officer who has the power to remove or block websites, social media platforms or service providers found guilty of promoting hate content. Also, government officers cannot be prosecuted for actions taken in good faith under this law.
While implementing the legislation, if it is found that the existing laws are problematic, the state government can fix them within three years of coming into existence.
The state government can make rules to enforce the law. These rules must be presented to the state legislature for review, and any modifications or annulments will not affect past actions taken under the old rules.
