Karnataka Assembly clears India’s first anti-hate speech law amid BJP protest

The Karnataka Assembly on Thursday passed India’s first anti-hate speech law, providing for imprisonment of up to seven years. While the government cited Supreme Court observations, the BJP opposed the move, alleging threats to free speech, the press, and political dissent

Belagavi (Karnataka): The Karnataka Assembly on Thursday passed the country’s maiden anti-hate speech legislation, which the BJP termed as a “Brahmastra” against the opposition and the media with an eye on “vote bank politics”.

The Hate Speech and Hate Crimes (Prevention) Bill was passed in the House amid din by the BJP MLAs, with the government referring to the Supreme Court observations against hateful remarks.

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The bill has a provision for a fine of up to Rs one lakh and a jail term of up to seven years. Home Minister G Parameshwara said the provision for 10 years jail term in the event of repeated offence has been reduced to seven years.

The bill, cleared by the cabinet on December 4, was presented in the House by Parameshwara on December 10. 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.

While discussing the bill, Parameshwara said the Supreme Court had come down strongly against hate speech, saying that it cannot be tolerated. He said hate speech and hate crimes lead to murders, create social unrest, and vitiate society. The Minister pointed out that prejudices happen in the name of religion, language, disability, gender, sexual orientation, caste, race, the place of birth, tribe, or residence.

“I think the law will bring a major change in society,” Parameshwara noted. Leader of Opposition R Ashoka said the law will turn police into ‘Hitler’. It violates the constitutional provision of freedom of expression.

Even cartoons and pictures have not been spared. It will also attack the freedom of the press and curb digital freedom, the BJP leader claimed. “There will be rampant extortion. There will be no bail but only jail under this law. What else should we expect from those who imposed an emergency in this country?” Ashoka said, taking a swipe at the ruling Congress.

According to him, all the crimes mentioned in the law are already there in the Bharatiya Nyaya Sanhita (BNS), the new Indian Penal Code, yet the Congress government in Karnataka has brought it.
“This is a Brahmastra (ultimate deadly weapon) against the opposition. We will be the first to bear the brunt of the law, and next in line will be the media. Ultimately, it is vote bank politics,” the LoP charged.
He also said that there will be a need for more prisons in the State, “which the pauper government cannot afford. Ashoka cautioned the ruling Congress that the law was not good for it as well and advised it to be cautious while giving passage to the bill.
BJP MLA V Sunil Kumar sought to know what if someone quotes hate content from a book, which can be religious. In reply, the Home Minister said those books published in the past will also be covered under the law.

Sunil Kumar said the minister was inviting trouble for himself as he would quote hate content in the religious books. Participating in the discussion, Urban Development Minister Byrathi Suresh claimed coastal Karnataka is “burning” due to hate speech and hate crime.

Enraged with the statement, BJP MLAs from coastal Karnataka, such as Vedavyas Kamath, Harish Poonja, Sunil Kumar, and several others, took strong objection and demanded an apology.

They then trooped to the well of the House to press for their demand. Other BJP MLAs followed suit. Amid the din, the bill was passed by the House, which was later adjourned.