Karnataka passes hate speech bill amid BJP uproar: What is it and how it seeks to penalise hate crimes?

The Karnataka government tabled the Hate Speech and Hate Crimes (Prevention) Bill amid opposition from BJP leaders in the Legislative Assembly in Belagavi on December 10.

Amid stiff opposition from the Bharatiya Janata Party (BJP), the Congress government in Karnataka passed a bill against hate speech. The Hate Speech and Hate Crimes (Prevention) Bill, the first such law in the country, has a provision for a jail term up to seven years and fine up to Rs one lakh.

The bill, cleared by the cabinet on December 4, was presented in the House by Home Minister G Parameshwara on December 10. The Minister said the provision for 10 years jail term in the event of repeated offence has been reduced to seven years.

The BJP has alleged that the Bill will curb free speech and has been introduced to "silence critics" against its own "failures".

With the two parties at loggerheads, what exactly does the Bill propose?

The Bill clearly defines "hate speech", "prejudicial interest", "hate crime", and "communication. Hate speech: According to the Bill, hate speech refers to any expression made with intent or cause injury, disharmony or hatred against a person or a community.

Prejudicial Interest: This includes bias, hate speech or crime on the basis of 11 grounds. This aims to protect the vulnerable sections of the society.

Hate crime: The Bill defines hate crime as communication of hate speech, by making, publishing or circulating or any act of promoting, propagating, inciting it to promote disharmony or hatred. Here, communication means expression, made in public view, by way of verbal, print, publication, electronic means, or other means to convey such expression.

The punishment proposed in the Bill includes jail term of at least one year, which can be extended up to seven years and a fine of Rs 50,000 for first time offenders. For the subsequent offences, jail term extends to at least to two years and the maximum term would be seven years. Additionally, a fine of Rs 1 lakh will be imposed. According to the law, the offences under the law will be cognizable, non-bailable and triable by the Judicial Magistrate Magistrate First Class.

The BJP leaders raised a strong voice against the Karnataka government and opposed the Bill when it was presented by Home Minister Dr G Parameshwara. Speaker UT Khader, however, tabled the Bill and it was accepted.

BJP members said that the Bill was an attempt to target the Opposition. Leader of Opposition in the Assembly R Ashoka, said that this bill is nothing but an “obsession” of the Ruling party. This is aimed at snatching freedom of expression, especially of the political opponents, he said.

Leader of Opposition in the Legislative Council Chalavadi Narayanaswamy echoed a similar sentiment. “This is mainly to target the opposition. We have examples that when we lodge a complaint, neither FIR is registered nor arrests made but when we post something on social media, we are arrested without even a formal complaint,” Narayanaswamy said.

According to the Bill, an executive magistrate, a special executive magistrate or a police officer of the rank DSP and above can take preventive action to maintain peace.

The Bill also provides for an offence committed by an organisation or institution. Under this, persons charged at the time will held responsible and can be prosecuted. Additionally, a designated officer has the power to instruct service providers or intermediaries to block or remove hate crime materials from their platforms. Further, courts are empowered to award adequate compensation to victims based on the injury and gravity of the impact of the crime.