Introduction

India has long relied on scattered provisions of the IPC to address hate speech. However, these provisions primarily protect “public order” rather than define or penalise hate speech as an independent offence. The Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025 attempts to fill this vacuum by clearly defining offences, expanding penalties, and bringing collective responsibility for organisations. The Supreme Court’s own proactive interventions, directing suo motu action on hate speech complaints, highlight both the urgency and the institutional recognition of the problem.

Why in the news

The Karnataka government has introduced India’s first state-level Bill focused solely on hate speech and hate crimes. It proposes imprisonment of 2-10 years and collective liability for organisations, something not attempted before. This marks a sharp contrast to India’s earlier fragmented approach relying only on IPC Sections 153A, 295A, and 505. The urgency is underscored by data: despite frequent arrests, conviction rates for analogous offences such as Section 153A IPC stood at only 20.2% in 2020, exposing serious enforcement gaps. The Bill also aligns with the Supreme Court’s growing frustration with non-action in hate speech cases, including contempt warnings to police officers.

How does India currently regulate hate speech?

1. No statutory definition: India has no dedicated central law defining “hate speech,” creating ambiguity in enforcement.
2. Fragmented provisions: IPC Sections 153A, 295A, 505 are used to maintain public order, not specifically to penalise hate speech.
   1. Section 153A: “Promoting enmity between different groups” on grounds such as religion, race, language; punishment includes arrest without warrant.
   2. Section 295A: Deliberate and malicious acts intended to outrage religious feelings.
   3. Section 505: Statements conducing to public mischief, including incitement between groups.
3. Bharatiya Nyaya Sanhita (BNS) 2023 Provisions:
   1. Section 196 BNS: Criminalizes promoting or attempting to promote disharmony, hatred, or ill-will between different groups (based on religion, race, place of birth, residence, language, caste, or community) through spoken or written words, signs, visible representations, or electronic communication.
   2. Section 197 BNS: Addresses imputations or assertions prejudicial to national integration.
   3. Section 299 BNS: Deals with deliberate and malicious acts intended to outrage religious feelings (previously Section 295A IPC).
4. Low conviction rate: NCRB shows 20.2% conviction rate under similar provisions in 2020, despite frequent arrests.

What has been the role of the Supreme Court?

1. Proactive interventions: Court has shifted from passive stance to active monitoring of hate speech incidents.
2. 2022 Bench direction: Ordered Delhi, Uttarakhand, and UP police chiefs to take suo motu action without waiting for complaints; warning of contempt for inaction.
3. 2023 expansion: Directions extended to all States/UTs.
4. Implementation challenges: Union government noted difficulty in effective execution.
5. 2023 Vikram Nath-Sandeep Mehta Bench: Emphasised courts must monitor, not simply register FIRs; referred guidelines from Tehseen Poonawalla judgment on mob violence.

Challenges in regulating hate speech

Administrative Challenges

1. Police discretion: It leads to selective enforcement.
2. Low conviction: Due to weak evidence, hostile witnesses, and poor digital forensics.
3. Political misuse: hate speech often goes unpunished when linked to ruling coalitions.
4. Overlapping IPC sections confuse enforcement (153A, 295A, 298, 505, IT Act).

Digital-Age Problems

1. Viral dissemination magnifies harm instantly.
2. Anonymity complicates attribution.
3. Algorithmic amplification pushes extreme content.
4. Cross-border servers limit state jurisdiction.
5. Short-form content (Reels, Shorts) increases inflammatory rhetoric.

How has hate speech been defined in earlier policy attempts?

1. 2017 Law Commission (267th Report): Proposed inserting new IPC sections to criminalise incitement to hatred and provocation to violence.
2. 2022 Private Member’s Bill: Sought explicit definition of hate speech including incitement, justification, promotion of hatred, hostility, discrimination, violence.

Why States Are Introducing Their Own Laws

1. Central vacuum: No codified hate speech law.
2. Rising incidents noted publicly by courts.
3. Growing digital footprint demanding clear takedown powers.
4. Administrative uniformity required for police action.

What does the Karnataka Hate Speech Bill propose?

1. First state-level dedicated law: Unique attempt to create a specific, standalone statute targeting hate speech and hate crimes.
2. Clear definition: Treats hate speech as expression that causes injury or discriminatory harm against individuals/groups based on religion, race, caste, gender, sexual orientation, residence, etc.
3. Collective liability: If hate speech comes from an organisation, persons in positions of responsibility can be held guilty.
4. Digital control provisions: Empowers State to block or remove online content containing hate speech.
5. Range of imprisonment: Proposes 2–10 years, signalling stricter penalties.

Why is the Karnataka Bill significant?

1. Addresses legislative vacuum: India has no statute explicitly defining hate speech; Karnataka becomes the first mover.
2. Aligns with SC directions: Reinforces suo motu action and strengthens enforcement capacity.
3. Targets rising incidents: Attempts to tackle the increasing climate of hate noted by the Supreme Court.
4. Institutional accountability: Introduces organisational responsibility, previously absent in IPC.

CONCLUSION

India’s scattered legal approach to hate speech has led to low conviction rates and inconsistent enforcement. The Karnataka Bill represents a major structural attempt to define, penalise, and prevent hate speech with clearer mechanisms, higher penalties, and organisational accountability. While implementation challenges remain, it aligns the legal landscape with Supreme Court directions and may initiate broader legislative reform across states and the Union.

PYQ Relevance

[UPSC 2017] Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy.

Linkage: The Karnataka Hate Speech Bill and the Supreme Court’s suo motu directives derive legitimacy from this expanded interpretation, linking free speech limits under Article 19(2) with protection of dignity and privacy under Article 21.

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