There has been a long debate in India regarding hate speech, and it has been periodically reviewed constitutionally and legally, yet the scourge persists. In reality, hate speech, when made, is intended to incite hatred between two communities or sects, disrupting the fabric of social cohesion and, consequently, undermining national unity. Any act of inciting hostility between any two communities is considered a serious crime, such as treason. The Indian Penal Code, or its new draft, the Indian Judicial Code, contains various provisions in this regard. Any activity that incites communal or sectarian discord gains momentum only when it is backed by the incitement of hatred between these communities. This hatred itself creates the potential for an atmosphere of violence. Therefore, controlling hate speech becomes essential not only for social harmony but also for national unity.
Although every state has specific laws regarding hate speech, foremost among these being the Indian Penal Code, some states enact special laws to maintain social peace in their states. Perhaps in 2023, the Supreme Court of India directed all state governments to take cognisance of hate speech in their respective states and take necessary legal action to curb it. The Supreme Court also authorised district police to take cognisance of such activities and take strict action. Despite this, some state governments felt the need for separate, stricter laws to combat this scourge. In this context, the Congress government in Karnataka has introduced a bill in its assembly to enact a law against hate speech.
This bill, unique in the country, provides for up to ten years’ imprisonment and a fine of one Lakh rupees for hate speech. This bill addresses various aspects of hate speech and ensures that no individual, group, or organisation engaging in hate speech, individually or collectively, is spared. The Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025, states that hate speech itself gives rise to hate crimes. If any hate speech is published, written, or verbally issued, or transmitted in any other form, or transmitted through electronic media, in a manner that creates an atmosphere of enmity or ill-will against any person (living or dead), or a group of persons, or a community, or that hurts their sentiments, and is maliciously motivated, necessary action will be taken. The bill defines selfish malice or prejudice as manifested by bias based on religion, race, caste, community, gender, place of birth, residence, tribe, or disability. However, creative works of art are exempt from this scope. Scientific studies and analyses are also not covered by this scope. The bill provides that hate crimes will be punishable by a minimum of one year’s imprisonment, which may extend to seven years, and a fine of 50,000 rupees. However, if someone commits such a crime again, the punishment will be ten years’ imprisonment and a fine of 100,000 rupees.
The bill clarifies that the new law will operate in conjunction with existing laws and will not be affected by them. The bill also clarifies that any group, organisation, or institution found involved in hate crimes will be punished collectively. Every responsible person, from the head of an organisation or group or institution, can be punished for the crime, provided they were leading the institution at the time of the crime. The bill’s unique feature is that it clearly defines hate speech and does not spare any organisation from hate crimes. While India has laws to address hate-mongering, they lack a clear definition of hate speech. Karnataka’s law does this. These laws are often used against the spread of religious hatred. It’s clear that spreading religious hatred creates a violent atmosphere in society. However, the law the Karnataka government is enacting to prevent the spread of hatred, even on an individual basis, will have many dimensions.
