Centre questions need for Karnataka hate speech Bill, cites existing laws

The Union Home Ministry told Karnataka that existing laws like the Bharatiya Nyaya Sanhita are sufficient to tackle hate speech and hate crimes, questioning the need for a separate state law. The controversial Bill faces opposition over concerns about free speech and potential political misuse

Bengaluru: 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 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.

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The Bill was passed by both houses of the state legislature during the winter session in Belagavi that concluded on December 19 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 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 hate crime. For repeated offences the maximum imprisonment will be seven years, with a fine of Rs 1 lakh.

The BJP had termed the Bill as “draconian”, “direct attack on free speech” and “dangerous tool for political vendetta”.

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”.