JD(S) petitions Governor requesting to withhold assent for Karnataka hate speech bill

Bengaluru, Dec 31 (PTI) A delegation of JD(S) leaders on Wednesday petitioned Karnataka Governor Thaawarchand Gehlot to withhold assent to the hate speech Bill, calling it an unjustified restriction on free speech.

The delegation, consisting of party legislators and leaders, was led by JD(S) legislature party leader Suresh Babu.

The Karnataka Hate Speech and Hate Crimes (Prevention) Bill has been passed by both houses of the state legislature, amid BJP and JD(S)' strong opposition, during the winter session in Belagavi that concluded on December 19. It will now be sent to the Governor for his assent, for the Bill to become law.

"We, the members of the Janata Dal (Secular) Legislature Party and office bearers, respectfully submit this memorandum to urge your excellency to withhold assent to the Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025. This request is made pursuant to the constitutional discretion vested in you, under Article 200 of the Constitution of India," the party's memorandum to the Governor said.

The Bill, in its current form, poses a significant threat to the fundamental right to freedom of speech and expression, as guaranteed by Article 19(1)(a) of the Indian Constitution, they said.

"We request your excellency to withhold assent to the Bill due to the following concerns: unjustified restrictions on free speech, potential misuse of provisions to suppress dissenting voices, and violation of constitutional rights," they said.

Stating that the Bill lacks essential protections for individual autonomy and dignity, which are fundamental to democratic accountability, the JD(S) said, furthermore, the Bill grants broad authority to law enforcement agencies for content blocking and preventive action, but does not provide for judicial oversight, appeals procedures, or regular reviews.

The absence of these safeguards increases the risk of misuse and intimidation against targeted groups, with insufficient mechanisms for redress in cases of wrongful actions, it said.

JD(S) also highlighted procedural irregularities in the passage of the Bill within the Karnataka Legislature.

"The Bill was declared passed during sustained protest and commotion, with limited discussion and no clear voting process. Such procedures undermine legislative norms and principles of democratic deliberation, especially for legislation with significant implications for fundamental rights," the party leaders said.

The Bill employs vague terms such as "disharmony", "ill will", "injury", and "prejudicial interest" to criminalise speech, they further said, "these expressions lack objective or judicially manageable standards, extending beyond constitutionally permissible restrictions under Article 19(2) and potentially infringing upon the freedom of speech protected by Article 19(1)(a)." Preventive restrictions based solely on executive satisfaction are reminiscent of practices during past emergencies, when civil liberties were severely constrained, they added.

Noting that the Bill imposes vicarious criminal liability on organisations such as media houses, universities, research bodies, and others for the actions of their members, unless they satisfy a stringent burden of proof, the JD(S) said, this could result in self-censorship and a reduction in academic, journalistic, and artistic freedoms, which are vital for a democratic society.

"It is important to note that existing Indian criminal statutes, including the Bhartiya Nyaya Sanhita and related laws for caste-based and group-based offences, already address hate speech and incitement to violence," the memorandum said.

The Bill risks being used not only to curb hate speech but also to stifle political criticism, intimidate opposition, and limit dissent, they further said, adding that "If enacted, it could institutionalise surveillance and executive censorship, creating conditions akin to a state of emergency without constitutional declaration, and may be vulnerable to judicial invalidation." In the appeal to the Governor, the JD(S) said, in light of these considerations, we respectfully urge Your Excellency, in exercise of constitutional authority, to withhold assent to the Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025. It is essential that all measures impacting fundamental rights adhere strictly to constitutional procedures, judicial precedents, and democratic principles.

"Your intervention at this juncture would serve as an important safeguard for constitutional governance, civil liberties, and the rule of law in Karnataka," it added. PTI KSU ADB