Guv yet to clear or reject anti-hate speech bill: CM

Karnataka chief minister Siddaramaiah said on Sunday that governor Thaawarchand Gehlot has neither approved nor returned the Karnataka Hate Speech and Hate Crimes (Prevention and Control) Bill, leaving the proposed law in limbo weeks after it was passed by the state legislature.

“The Bill was passed unanimously. It is not rejected, sent back or accepted yet,” Siddaramaiah told reporters in Mangaluru before leaving for Bengaluru after concluding official programmes. He added that the government would offer clarifications if the Raj Bhavan sought them, saying the governor would be briefed about the Bill when required.

Two key legislations were cleared during the winter session of the Assembly — the hate speech Bill and the Karnataka Scheduled Castes (sub-classification) Bill. While the governor has returned the Scheduled Castes Bill, which seeks to implement internal reservation, he has yet to take a decision on the hate speech legislation.

Officials in the law department confirmed that the Scheduled Castes internal reservation Bill had been sent back.

The Bharatiya Janata Party, which has opposed the hate speech Bill, is also expected to submit a representation to the governor urging him not to grant assent.

Officials in the governor’s office also confirmed that no clarifications had been sought and the Bill had not been returned. Governor Gehlot has, however, given assent to several other Bills adopted during the Belagavi session, allowing them to be notified in the official gazette.

The proposed law defines hate speech as any spoken, written, symbolic or electronically transmitted expression made in public view with the intent to cause injury, disharmony or feelings of enmity, hatred or ill will against an individual, group or community, including references to deceased persons, if such expression serves what the Bill terms a “prejudicial interest.” That definition includes bias or hostility based on religion, race, caste or community, sex, gender, sexual orientation, place of birth, residence, language, disability or tribe, and extends liability to organisations and institutions.

The Bill triggered sharp debate during its passage, with Opposition parties and free speech advocates arguing that its provisions were overly broad and that its takedown mechanisms could be misused.

Under the proposed legislation, hate speech and hate crimes would be treated as cognisable and non-bailable offences, triable by a judicial magistrate first class. Introducing the Bill in the Assembly, home minister G Parameshwara said, “Whoever commits hate crimes shall be punished with imprisonment for a term which shall not be less than one year, but which may be extended to seven years, and with a fine of ₹50,000. Furthermore, for subsequent or repetitive offences, the punishment will be increased to two years and a fine of ₹1 lakh.”

Meanwhile, the return of the Scheduled Castes internal reservation Bill has raised separate concerns. The legislation proposed dividing the existing 17% reservation for Scheduled Castes into three groups, with 6% each for Groups A and B and 5% for Group C. Nomadic tribes have opposed the move, demanding a separate 1% quota.