Karnataka Introduces Hate Speech Bill

Why in News?

Karnataka has introduced the Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025, proposing 1–10 years’ imprisonment, enhanced fines, and collective liability for organisations involved in hate speech or hate-related offences.

The state government argues that India lacks a clear statutory definition of hate speech, despite its frequent use in public debate — creating gaps in enforcement and leaving police dependent on scattered provisions.

Background & Context

India’s Long-Standing Gap in Hate Speech Legislation

For decades, India has struggled with hate speech regulation because:

• The IPC (now replaced by BNS) never defined “hate speech.”
• Existing provisions were drafted primarily to maintain public order, not address hate as a rights-based offence.
• Online speech expanded rapidly, outpacing legal provisions.
• Police rely heavily on their discretion, leading to inconsistent enforcement.

Judicial and Committee Observations

• The Supreme Court has repeatedly flagged rising hate speech incidents and inconsistent enforcement.
• The 267th Law Commission Report (2017) recommended creating specific offences for hate speech.
• The Tehseen Poonawalla judgment (2018) required nodal officers to monitor mob violence and hate crimes.
• A 2022 Private Member’s Bill attempted to define hate speech but did not pass.

Global Context

Many democracies, including the U.K., Canada, and Germany, have enacted explicit hate speech statutes. India, meanwhile, continues to use general public-order provisions, leaving much ambiguity. Karnataka is now the first Indian state to attempt filling this legal vacuum.

How Hate Speech Is Currently Regulated in India

India has no standalone hate speech law. Police rely on various sections of the Bharatiya Nyaya Sanhita (BNS):

Section 196 BNS (Former IPC 153A)

Penalises:

• Promoting enmity
• Acts harmful to group harmony

Conviction rate is low — only 20.2% in 2020 (NCRB).

Section 299 BNS (Former IPC 295A)

Punishes:

• Deliberate, malicious acts intended to outrage religious feelings.

Often invoked in cases involving desecration, insults to religious groups, or provocative speech.

Section 353 BNS

Penalises:

• Statements inciting public disorder
• Dissemination of misinformation targeting communities

These are cognisable offences with penalties up to three years.

Online Hate Speech & Section 66A IT Act

• Section 66A of the IT Act was once widely used against online content.
• The Supreme Court struck it down in Shreya Singhal (2015) for being vague, arbitrary, and unconstitutional.
• This left a regulatory gap for digital hate speech, which Karnataka now seeks to address.

Supreme Court’s Evolving Stance

2022 — Court Flags “Climate of Hate”

SC directed Delhi, Uttar Pradesh, and Uttarakhand to act suo motu against hate speech.

2023 — Directive Extended Nationwide

Police across India were told to take action even without complaints.

2023 — Court Admits Definitional Complexity

Justices observed that defining hate speech is inherently difficult and that the real problem is enforcement failure, not the absence of law.

2025 — Court Steps Back

In November 2025, a bench clarified the SC cannot supervise every incident, saying police and High Courts are capable of handling such cases and must follow the Tehseen Poonawalla protocol.

Past Efforts to Define Hate Speech Formally

• Law Commission (2017): Proposed Sections 153C & 505A for incitement to hatred.
• Private Member’s Bill (2022): Sought to define hate speech and hate crimes, but lapsed.
• No national consensus has emerged.

Karnataka’s Proposed Hate Speech Bill (2025)

Karnataka becomes the first state to propose a law specifically addressing hate speech and hate crimes.

Key Definitions

Hate speech is defined as expressions causing:

• Injury
• Disharmony
• Hostility
• Discrimination based on:
  • Religion
  • Race
  • Caste
  • Gender
  • Sexual orientation
  • Place of birth
  • Disability

Notably, gender & sexual orientation are included — expanding beyond BNS protections.

Key Provisions of the Bill

1. Collective Liability for Organisations

If hate speech is committed through an organisation:

• Individuals in leadership positions may also be held criminally liable.
• This is similar to corporate liability models used in financial offences.

2. Regulation of Online Content

The state can:

• Block content
• Remove posts
• Issue takedown orders

This gives Karnataka explicit regulatory power over digital hate content — something not directly provided under national law.

3. Penalties

• 1–7 years + ₹50,000 fine for first offence
• 2–10 years + ₹1 lakh fine for repeat offences

Offences are:

• Cognisable
• Non-bailable
• Triable by a Judicial Magistrate First Class

4. Victim Compensation

Mandatory compensation must be provided to victims of hate speech or hate crimes.

5. Public Good Exemption

Books, artworks, academic work, and publications will be exempt if proven to serve public interest.