Digital Desk, New Delhi. In Karnataka, hate speech can now lead to a punishment of up to seven years. After the Assembly, the State Legislative Council also approved it on Friday amid opposition from opposition parties. This bill will become law after the signature of the Governor. Under this law, if an offense is committed by any organization or institution, every person who was responsible at the time of the offense will be considered guilty.
The accused must prove that he had taken all reasonable precautions to prevent such crime. Karnataka has become the first state in the country to pass a bill against hate speech. BJP has termed it as 'Brahmastra' and cruel against the opposition. Executive Magistrates or Special Executive Magistrates or Deputy Superintendents of Police have been empowered to take "preventive action" if they suspect that any person or group within their jurisdiction will commit an offense under this law.
Under the proposed law, it will be very difficult to get bail in hate speech cases. Karnataka Home Minister G. Parameshwara introduced the Karnataka Hate Speech and Hate Crimes (Prevention) Bill in the Legislative Council. The bill was passed amid protests from opposition members.
BJP MLC CT Ravi said that when the bill becomes law, it would become a "dangerous tool of political vendetta". This law will give it free license to take action against political opponents. Opposition leader Chalawadi Narayanaswami said it would be used to file "false cases" against political opponents.
BJP MLC KC Naveen said that this bill is against the Constitution. Its validity can be challenged in court. Home Minister Parmeshwar said that hate and communal speeches are increasing. He said that this bill has not been brought to control anyone or with political malice. It is being brought with the aim of protecting the health of the society and maintaining peace.
This bill has a provision for a jail sentence of one year for a hate crime, which can be extended up to seven years, and a fine of Rs 50,000. - In case of repeated offences, the maximum punishment will be seven years and a fine of Rs 1 lakh will also have to be paid. Under the proposed law the offenses will be non-bailable.
The officer notified by the State Government will have the power to direct any service provider, intermediaries, person to block or remove hate crime content.
What is 'hate speech'?
“Hate speech” is defined in the bill. Hate speech is defined as any expression of public opinion in words or written or spoken or published or disseminated by signs with the intention of creating feelings of hostility or hatred or ill-will against any person, living or dead, class or persons or community in order to further any partisan interest.
Prejudicial interest means discrimination on the basis of religion, race, caste or community, sex, sexual orientation, place of birth, residence, language, disability or tribe. Communicating, publishing or disseminating hate speech or doing anything that tends to create feelings of enmity or hatred or ill will against any person will be considered a “hate crime”.
(With inputs from news agency PTI)