Hate Speech
Context:
The Karnataka government is set to introduce the Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025, aimed at addressing the lack of specific legislation dealing explicitly with hate speech in India
About Hate Speech:
Currently, there is no formal definition of hate speech in India's criminal laws.
Proposed Definition in the Karnataka Bill:
“an expression causing injury or disharmony against a person or group based on religion, race, caste, gender, sexual orientation, place of birth, or disability.”
Current Legal Framework:
Bharatiya Nyaya Sanhita (BNS): Since there is no specific statute, law enforcement uses provisions primarily meant for maintaining public order such as:-
Section 196 (formerly IPC 153A):
It penalises promoting enmity between different groups on grounds of religion, race, place of birth, residence, language and acts prejudicial to maintaining harmony.
Section 299 (formerly IPC 295A):
It penalises deliberate and malicious acts intended to outrage religious feelings by insulting religion or religious beliefs.
Section 353:
It penalises statements or false information that may incite offences against the State or disturb public order.
IT Act:
Section 66A of the Information Technology Act was used for online hate speech but was struck down by the Supreme Court in 2015 for being unconstitutionally vague.
Judicial Interventions:
Tehseen Poonawalla Judgment (2018) mandated the appointment of nodal officers to prevent mob violence and lynching.
Law Commission Recommendations:
The 267th Report of the Law Commission of India (2017) recommended inserting new sections—153C and 505A—into the IPC to specifically criminalise incitement to hatred and provocation of violence.