Karnataka Governor Thawar Chand Gehlot withholds assent, reserves hate speech bill for President’s consideration

“This means that the government has the power under this Act to prohibit any speech or event if the authorities feel that it may cause hatred. There is a feeling that this section gives arbitrary power to authorities,” a source said.

A communication from Lok Bhavan to the President has noted that the definition of hate speech under the Bill was vague and there was a “possibility of misuse of the provisions of this Act for political malice or to avenge hatred against any person, group or community”.

Governor Gehlot noted that the Bill was passed without meaningful consultation with civil society groups, media bodies, digital rights groups or constitutional experts, sources said. Laws brought in the name of ‘social security’ and ‘harmony’ have taken freedom of expression away from citizens in the past, he reportedly said. The Bill “is a harbinger of such serious predicament,” the governor’s office said, according to sources.

“Instead of effectively using existing laws, bringing in a new and vague law raised suspicions that the state wants to impose its control over the private communication of citizens,” the Lok Bhavan has reportedly noted, while reserving the Bill.

Governor Gehlot reserved the Bill for the President as it attracted “repugnancy with central laws, violation of fundamental rights, and subjective and draconian executive powers,” the source added.