Regulating Hate Speech in India

Context

1. Karnataka has become the first state in India to introduce a dedicated law to prevent hate speech: The Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025.
2. The Bill fills a longstanding legal gap and brings new ideas like collective liability for organisations.

Why Hate Speech Law Is Needed?

1. Hate speech cases are rising across India, especially on digital platforms.
2. Current legal provisions only address “public disorder” or “religious insult”, not hate speech as a standalone offence.
3. Low conviction rates show weak enforcement and lack of clarity.
4. Supreme Court has repeatedly urged governments to act but implementation has remained weak.

Existing Legal Framework

1. Bharatiya Nyaya Sanhita (Earlier IPC Sections)
   1. Current hate-speech–related offences appear under provisions meant mainly to protect public order, not specific harms of hate speech.
   2. Section 196 (Earlier IPC 153A)
      Punishes promoting enmity, disturbing harmony.
      20. Conviction rate extremely low: 20.2% in 2020.
   3. Section 299 (Earlier IPC 295A)
      Targets deliberate, malicious acts insulting religion.
   4. Section 353 (New provision)
      Punishes statements inciting offences against the State or community.
   5. All these offences are cognisable and carry up to 3 years’ imprisonment.
2. Online Hate Speech
   1. Section 66A (IT Act) was once used heavily but struck down by SC (2015) for vagueness.
   2. No clear substitute exists today.
3. Supreme Court’s Interventions
   1. 2022–23: Directed states to take suo motu action on hate speech → poor implementation.
   2. 2023: Acknowledged difficulty in defining hate speech; enforcement is the main challenge.
   3. 2024: Court stated it cannot monitor every case; directed states to follow Tehseen Poonawalla guidelines (mob violence nodal officers).

Attempts to Define Hate Speech Before Karnataka Bill

1. Law Commission (2017) – 267th Report
   1. Proposed inserting:
      1. Section 153C: criminalising incitement to hatred
      2. Section 505A: targeting speech provoking violence
   2. Private Member’s Bill (2022)
      1. Proposed defining:
         1. Hate speech: any expression promoting discrimination/hostility/violence
         2. Hate crime: offence motivated by prejudice (religion, caste, sexual orientation, etc.)

Not passed, but shaped current discourse.

Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025

Key Features:

1. Defines hate speech clearly
   1. Any expression causing injury or disharmony against a person or group based on: religion, caste, race, gender, sexual orientation, place of birth, disability.
2. Penalties
   1. 2 to 10 years imprisonment → highest punishment ever proposed for hate speech.
3. Collective Liability
   1. If hate speech is linked to an organisation:
      persons in charge can be held accountable.
4. Digital Regulation
   1. State empowered to block/remove online hate content.
5. Addresses groups previously ignored
   1. Includes gender & sexual orientation — missing in IPC/BNS.

Implications

Positive

1. Creates a clear, enforceable definition of hate speech.
2. Stronger deterrence through higher penalties and organisation-level accountability.
3. Helps streamline policing and prosecution.
4. Protects vulnerable groups (LGBTQIA+, disabled individuals).

Concerns

1. Vague terms like “injury” or “disharmony” may risk misuse.
2. Collective liability may be challenged legally.
3. Overbroad powers to block online content may raise questions on free speech.
4. Coordination needed between state law and central laws like the IT Act.

Challenges and Way Forward

Conclusion

Karnataka’s Bill is a landmark attempt to fill India’s legal vacuum on hate speech. It offers clearer definitions, stronger enforcement tools, and broader protections. However, effective implementation, safeguards against misuse, and alignment with fundamental rights will be crucial for its success.