Bill to curb hate speech tabled in Karnataka assembly; BJP opposes, says act against political opponents

Belagavi (Karnataka), Dec 10 (PTI) The Karnataka government on Wednesday tabled in the state Assembly a bill to curb hate speech that proposed a jail term of up to 10 years and a maximum fine of Rs 1 lakh amid strong opposition from the BJP, which alleged that the move was aimed at "snatching freedom of expression" of political opponents.

The Karnataka Hate Speech and Hate Crime (Prevention) Bill, cleared by the cabinet on December 4, was tabled in the Assembly by State Home Minister G Parameshwara. The offences under the proposed legislation will be cognisable and non-bailable.

The Congress government in Karnataka is the first to introduce a dedicated bill specifically targeting hate speech and hate crimes in any state in the country.

According to the Bill, "any expression, which is made, published or circulated in words either spoken or written or by signs or by visible representations or through electronic communication or otherwise, in public view, with an intention to cause injury, disharmony or feelings of enmity or hatred or ill-will against person alive or dead, class or group of persons or community, to meet any prejudicial interest is hate speech.

"Any biases on the grounds of religion, race, caste or community, sex, gender, sexual orientation, place of birth, residence, language, disability, or tribe have also been categorised as hate speech." As Parameshwara sought the permission of the House to table the Bill and Speaker U T Khader put it to a voice vote, the members of the opposition BJP opposed it by shouting "No".

Though some BJP members like Sunil Kumar sought a division of votes, the Speaker went ahead with the process of tabling the Bill in the House.

Speaking to reporters after tabling the Bill in the Assembly, Deputy Chief Minister D K Shivakumar said, "Of course, hate speech (prevention) is part of the government agenda. You cannot allow hate speech to happen. We have to maintain peace, law, and order in the state." Leader of Opposition in the Karnataka 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 added.

Chalavadi Narayanaswamy, Leader of the opposition BJP in the legislative council, also alleged that the bill was to target the opposition.

"This is mainly to target the opposition. We have examples that when we complain, neither FIR is registered, nor an arrest happens, but when we post something on social media, we are arrested without even a formal complaint," he said.

Prejudicial interest means and includes the biases on the grounds of religion, race, caste or community, sex, gender, sexual orientation, place of birth, residence, language, disability or tribe.

According to the Bill, "hate crime" also includes any act of promoting, propagating, inciting or abetting, or attempting such hate speech to cause disharmony or feelings of enmity or hatred or ill-will against any person, dead or alive, or group of persons or organisations.” Punishment proposed by the Bill included imprisonment for a term which should not be less than one year, but may extend to seven years, with a fine of Rs 50,000. Further, for any subsequent or repetitive offences, the punishment should not be less than two years, which may extend to 10 years with a fine of Rs 1 lakh.

The Bill gives powers to the Executive Magistrate or Special Executive Magistrate, or Deputy Police Superintendents to take "preventive action" if they believe that a person or a group within their jurisdiction will commit an offence under this legislation.

The provisions of the Bill will not apply to books, pamphlets, papers, writings, drawings and paintings, representations or figures, if they are in the interest of science, literature, art, learning, or are used for "bona fide" heritage or religious purposes.

"If the offence under the proposed legislation is an organisation or institution, every person who, at the time of offence committed, was in charge of, and was responsible....shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly," the Bill said Liable persons associated with the organisation will have to prove that the offence was committed without their knowledge or that they had exercised all due diligence to prevent the commission of such an offence.

As per the Bill, the designated officer, as notified by the state government, will have the power to direct any service provider, intermediaries, person, or entity to block or remove the hate crime materials from its domain, including electronic media. PTI KSU GMS PYK PYK