Centre says Karnataka hate speech Bill may not be needed
The BJP had termed the Bill as "draconian", "direct attack on free speech" & "dangerous tool for political vendetta".
PTI
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The Bill proposes a jail term of one year, extendable up to seven years, with a fine of Rs 50,000 for a hate crime (PTI/ANI)
Bengaluru, 26 May
The Union Home Ministry has felt that Karnataka's bill to curb "hate speech" may not be necessary at this stage, and the existing legal framework is adequate to address the issue.
The
Ministry conveyed its "Centre-State Division's" stance on the
Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025,The to the Karnataka
government.
Karnataka
government sent the Bill to the Ministry of Home Affairs in February for
President Draupadi Murmu's assent, after Governor Thaawarchand Gehlot refused
to clear it.
The Bill
was passed by both houses of the state legislature during the winter session in
Belagavi that concluded on 19 December last year, despite strong opposition
from the BJP and JD(S).
"The
matter has been examined in the CS Division. In this regard, it is stated that
the issues sought to be addressed are already substantially covered under the
existing provisions of the Bharatiya Nyaya Sanhita, 2023 and other prevailing
laws. Enactment of a separate state legislation may result in duplication and
lack of uniformity," the Ministry of Home Affairs (CS Division) said in
its office memorandum dated 12 May 12.
"In
view of the above, it is felt that the proposed legislation may not be
necessary at this stage, and the existing legal framework is adequate to
address the concerns," it added.
Following
the centre's letter, the Karnataka Department of Parliamentary Affairs and
Legislation has written to the state Home Department on May 20 to furnish the
comments or clarification on the said Bill, to enable it to communicate an
early reply to the Ministry of Home Affairs, Government of India.
The Bill
proposes a jail term of one year, extendable up to seven years, with a fine of
Rs 50,000 for a hate crime. For repeated offences, the maximum imprisonment will
be seven years, with a fine of Rs 1 lakh.
The Governor Thaawarchand Gehlot, in January, sent back the Bill without giving his assent, stating that it would have "a severe chilling effect on constitutionally-protected democratic discourse."
The Bill
defines "hate speech" as any expression which is made, published or
circulated in words either spoken or written or by signs or by visible
representations or through electronic communications 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.
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" includes communication, publishing or circulation of hate speech, or 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.
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