Why in news?

The Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025 proposes 2–10 years’ imprisonment for offenders and introduces collective liability for organisations involved in hate-related offences.

The Karnataka govt argued that the Bill is required because no existing Indian law explicitly defines or addresses hate speech, exposing a long-standing gap in the country’s criminal framework despite frequent public debates on the issue.

What’s in Today’s Article?

• How Hate Speech Is Currently Regulated in India?
• Supreme Court’s Evolving Stance on Hate Speech Enforcement
• Past Efforts to Formally Define Hate Speech in India
• Karnataka’s Proposed Hate Speech Bill

How Hate Speech Is Currently Regulated in India

• India lacks a standalone statute defining or penalising hate speech.
• Instead, police rely on scattered provisions of the Bharatiya Nyaya Sanhita (BNS), which are designed mainly to preserve public order, not address hate speech as a distinct offence.
• Section 196 BNS: The Most Commonly Invoked Provision
  • A successor to IPC Section 153A, Section 196 penalises:
    • Promoting enmity between groups
    • Acts prejudicial to harmony
  • Although arrests under this section are frequent, convictions remain rare — barely 20.2% in 2020, as per NCRB data.
• Section 299 BNS: Protecting Religious Feelings
  • This provision (equivalent to IPC Section 295A) punishes deliberate and malicious acts intended to outrage religious sentiments.
  • It is often invoked in cases involving religious insult or provocation.
• Section 353 BNS: Incitement Creating Public Disorder
  • Section 353 criminalises:
    • Statements or misinformation that incite offences
    • Material disturbing public order or targeting communities
  • All these offences are cognisable, allowing police to arrest without a warrant, and carry penalties of up to three years.
• Online Hate Speech and the Fall of Section 66A IT Act
  • For years, Section 66A of the IT Act was used to prosecute online hate speech.
  • In 2015, the Supreme Court struck it down for being vague and unconstitutional, leaving a gap in digital regulation.

Supreme Court’s Evolving Stance on Hate Speech Enforcement

• The Supreme Court has adopted a proactive yet shifting approach to combating hate speech in recent years.
• In October 2022, the apex court stated that a “climate of hate prevails in the country” and directed police chiefs in Delhi, Uttar Pradesh, and Uttarakhand to take suo motu action against hate speech without waiting for complaints — warning that inaction would amount to contempt.
  • The directive was extended to all states and union territories in April 2023. However, implementation challenges soon became evident.
• In August 2023, SC Judges acknowledged that defining hate speech is inherently complex and that enforcement failures, not legal gaps, were the main obstacle.
• More recently, in November 2025, a SC bench held that the apex Court was “not inclined to monitor every incident of hate speech”, pointing out that police and High Courts are competent to act.
• The bench referred to the 2018 Tehseen Poonawalla judgment, which requires nodal officers to prevent mob violence and lynching, reaffirming that the existing framework must be followed.

Past Efforts to Formally Define Hate Speech in India

• Efforts to create a clear legal definition of hate speech have been ongoing for years.
• In 2017, the Law Commission’s 267th Report recommended adding Sections 153C and 505A to the IPC to criminalise incitement to hatred and provocation of violence, offering a more precise framework than existing public-order provisions.
• In 2022, a Private Member’s Bill titled The Hate Speech and Hate Crimes (Prevention) Bill was introduced in the Rajya Sabha.
• However, the Bill was never passed, and India still lacks a statutory definition of hate speech.

Karnataka’s Proposed Hate Speech Bill

• Karnataka has become the first state in India to introduce legislation specifically targeting hate speech.
• It draws inspiration from the Law Commission’s recommendations and the 2022 Private Member’s Bill.
• Key Features of The Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025
  • The Bill defines hate speech as any expression that causes injury or disharmony against individuals or groups based on religion, race, caste, gender, sexual orientation, place of birth, or disability.
  • Notably, it expands protected categories to include gender and sexual orientation, going beyond what the IPC and BNS currently safeguard.
  • A defining element is the introduction of “collective liability” — if hate speech is committed through an organisation, individuals holding positions of responsibility in that organisation may also be held guilty.
  • Additionally, the Bill authorises the state government to block or remove online content deemed hateful, giving it regulatory power over digital speech in a way not explicitly provided under national law.
  • The Bill prescribes strict penalties:
    • 1 to 7 years imprisonment and a ₹50,000 fine for first offences
    • 2 to 10 years imprisonment and a ₹1 lakh fine for repeat offences
  • Offences are cognisable, non-bailable, and triable by a Judicial Magistrate First Class.
  • The Bill mandates adequate compensation for victims. It also exempts material (books, pamphlets, artworks, etc.) proven to be published in the interest of public good.