Editorial: ‘Hate Speech’ Bill oversteps the line

Karnataka’s Hate Speech Bill risks becoming a cure more dangerous than the disease

The thin dividing line between freedom of speech and ‘reasonable restriction’, as enshrined in the Constitution, should not be allowed to be weaponised by governments to suit their narratives. Any attempt by the authorities, irrespective of the party in power, to appropriate sweeping powers to impose curbs on free speech would amount to setting a dangerous precedent. Freedom of speech and expression form part of the fundamental rights guaranteed by the Constitution. Democracy would be in peril if dissent and diversity were snuffed out from the public sphere. Dissent, disagreement and debate are the essential ingredients of a successful democracy. It is for this reason that the Karnataka government’s hate speech Bill has drawn flak from civil rights groups and opposition parties. The provisions of the Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025, tabled in the Assembly recently, appear like a cure that is worse than the disease. The proposed legislation gives sweeping powers to the government which can be easily misused. The Bill is, at best, a band-aid that avoids a deeper consideration. In fact, it carries the danger of being used to criminalise the very people it seeks to protect. The proposed law defines “hate speech” and “hate crime” in broad and loose terms while proposing stringent punishments. The Bill is ostensibly aimed at “curbing and preventing the dissemination, publication or promotion of hate speech and crimes, which cause disharmony, hatred in society”. It would effectively mean disempowering the citizens vis-à-vis the government.

As per the proposed legislation, which goes beyond existing central laws in several ways, punishment for committing a hate crime ranges from one to seven years of imprisonment with a fine of Rs 50,000, while repetitive offences will attract a minimum of two years imprisonment, extendable up to 10 years, along with a fine of Rs 1 lakh. One wonders what the need is for another law when the existing provisions of the Bharatiya Nyaya Sanhita (BNS) already deal with incitement to violence, hurting religious sentiments and prejudicial speech acts against marginalised groups. In April 2023, the Supreme Court had directed all States and Union Territories to register cases against those making hate speeches without waiting for a formal complaint to be filed. What the Karnataka government is trying to deploy is a potentially dangerous instrument to address a complex social and political problem. The State government, however, argues that existing criminal laws are inadequate to address the complexities of modern hate speech, particularly online vitriol. No doubt, the peddlers of hatred are a big threat to the country’s secular fabric. The much-touted slogan of the NDA government, ‘Sabka Saath Sabka Vikas’ will be meaningless if such divisive elements are not reined in. Fostering the peaceful coexistence of the diverse sects and sections of society is crucial for India’s image globally as its voice gains credence in diplomatic and geopolitical affairs.

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