Laws that are used to curb the freedom of speech and expression, laws that criminalise what the powers-that-be find offensive or unpalatable, often claim to defend lofty ideals. For instance, governments of every political hue have a tainted record when it comes to the misuse of the sedition law — ostensibly meant to protect national security — as well as laws that criminalise “hurting religious sentiments”. Special laws, such as the Unlawful Activities Prevention Act (UAPA) and others like it in various states, have also been used to criminalise dissent. The Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025, tabled on Wednesday, claims to “curb and prevent dissemination, publication or promotion of hate speech and crimes, which cause disharmony, hatred in the society”. In effect, it disempowers the citizen vis-a-vis the government.
The proposed law defines “hate speech” and “hate crime” in broad and loose terms while proposing stringent punishments. The former “includes any expression which is made, published, or circulated, in words either spoken or written… with an intention to cause injury, disharmony or feelings of enmity or hatred or ill-will against person alive or dead, class or group of persons or community, to meet any prejudicial interest”. For this, offenders can be imprisoned for up to 10 years. The Bill makes exceptions for categories such as artistic expression, academic inquiry and reporting and commentary. In practice, however, these exceptions will be determined in the courts. Given the punishing nature of the criminal justice system, they provide little comfort.
