Karnataka has become the first state in the country to pass a strict law against hate speech and hate crimes. Assembly After this, the Legislative Council also approved this bill on Friday.
Now this law will come into force after the approval of the Governor. Under the new law, a maximum of seven years in jail and heavy fine can be imposed in cases of hate speech. Additionally, the offense will be non-bailable and the police will have wide powers to take “preventive action”.
Under the new provisions, if any organization or institution is found involved in a hate crime, every person responsible at the time of the crime will be held guilty. The onus will be on the accused to prove that they took necessary precautions to prevent the crime. A fresh debate has started in the politics of the state regarding this harshness.
Karnataka Hate Speech Law has been drafted by Karnataka Home Minister G. Parmeshwar presented in the Legislative Council. The bill was passed amid strong opposition from the opposition. The BJP described the law as a “Brahmastra” and “cruel” targeting the opposition, saying it would become a free license to file false cases against political opponents.
BJP MLC CT Ravi called it a “dangerous tool of political vendetta”, while opposition leader Chalawadi Narayanaswami alleged it was against the Constitution and could be challenged in court.
According to the bill, for hate crime, a punishment of one year can be given, which can be increased to seven years. For repeat offences, the maximum punishment will be a fine of up to Rs 1 lakh.
The proposed offenses will be non-bailable and the officer authorized by the state government will have the power to order service providers and intermediaries to remove online hate content.
With the power of seven-year punishment, the law empowers executive magistrates, special magistrates and DSP-level officers to take preventive action if they suspect that a crime may be taking place in their area.
According to the law, statements spreading hatred or enmity against any person or group on the basis of religion, race, caste, community, gender, sexual orientation, place of birth, language, tribe or disability will fall under the category of hate speech.
Meanwhile, Union Minister of State Shobha Karandlaje has requested the Governor not to approve this bill and send it for consideration of the President under Article 200 of the Constitution.
The government claims that this law is a necessary step to stop the growing hatred and communal tension in the society. However, the debate is going to intensify in political circles whether the law is made for social security or will become a new political battlefield.
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