Karnataka Legislative Council on Friday passed a bill to curb hate speech, amid strong protest from Opposition Bharatiya Janata Party and Janata Dal-Secular, which called it "draconian", "direct attack on free speech" and "dangerous tool for political vendetta".
The Karnataka Hate Speech and Hate Crimes (Prevention) Bill, piloted by home minister G Parameshwara, was put to vote, amid protests from Opposition members from the well of the House. The Bill was passed in the Legislative Assembly on Thursday, amid opposition from BJP and JD-S members.
The Opposition demanded that the Bill be withdrawn, alleging that the proposed legislation will lead to "police state", and "undeclared emergency", where even criticism can be considered as hate speech.
The minister said that the Bill proposes a jail term of one year, extendable up to seven with a fine of Rs 50,000 for a hate crime. For repeated offences, the maximum imprisonment will be seven years, with a fine of Rs 1 lakh.
Stating that there is an increase in hate and communal speeches, which instigate sentiments, leading to violence, he quoted the Supreme Court -- that hate speech must be "dealt with an iron hand" -- to defend the Bill.
"The Bill is not to control anyone or out of political malice; it applies to everyone. It is being brought with an intention to protect the health of the society and to maintain peace," he said. Rejecting BJP's allegations, the Home Minister said that, similar law has been brought in Maharashtra by the BJP government there.
The Bill was put to vote as opposition members trooped into the well of the House, demanding an apology from minister Priyank Kharge for making a remark against Union Home Minister Amit Shah, during the discussion.
Despite Chairman Basavaraj Horatti assuring that he will expunge the comment, BJP members taking a strong exception trooped into the well of the House, demanding that Priyank Kharge apologise.
As the chaos prevailed with ruling party members standing up in support of Priyank Kharge, the Chairman put the Bill to vote and it was passed with a voice vote.
The Bill, defines "hate speech" as any expression which is made, published or circulated in words either spoken or written or by signs or by visible representations or through electronic communications or otherwise, in public view 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.
Prejudicial interest means the biases on the grounds of religion, race, caste or community, sex, gender, sexual orientation, place of birth, residence, language, disability or tribe.
According to the Bill, "hate crime" includes communication, publishing or circulation of hate speech
or any act of promoting, propagating, inciting or abetting or attempting such hate speech to cause disharmony or feelings of enmity or hatred or ill-will against any person dead or alive or group of persons or organisations.
Earlier participating in the discussion, BJP MLC C T Ravi said, the Bill when passed into a law, will become a "dangerous tool for political vendetta."
Noting the party that has brought the law has a history of declaring an emergency in the country, he said, "it will give free licence to act against political opponents."
Ravi, warning that the Bill will be subjected to judicial scrutiny, added that "the Bill is an attempt to make it a police state."
Leader of opposition Chalavadi Narayanaswamy said, the Bill when passed into a law will be used to file "false cases" against political opponents.
BJP MLC K C Naveen called the Bill 'draconian', and aimed at targeting the Opposition.
Urging the government to withdraw the Bill or refer it to the House committee, he said, the Bill is against the freedom of speech given by the constitution. "This government couldn't act against those who shouted Pakistan Zindabad slogans in the Vidhana Soudha premises," he hit out.
The offences under the proposed legislation will be cognisable and non-bailable.
The Bill gives powers to the executive magistrate or special executive magistrate or deputy police superintendents to take preventive action if they believe that a person or a group within their jurisdiction will commit an offence under this legislation.
The provisions of the Bill will not apply to books, pamphlets, papers, writings, drawings and painting representation or figures, if they are in the interest of science, literature, art, learning or are used for "bona fide" heritage or religious purposes.
If the offence, under the proposed legislation, is committed by an organisation or institution, "every person who, at the time of offence committed, was in charge of, and was responsible....shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly," the Bill said, adding that liable persons associated with the organisation will have to prove that the offence was committed without their knowledge or that they had exercised all due diligence to prevent the commission of such offence.
As per the Bill, the designated officer, as notified by the state government, will have the power to direct any service provider, intermediaries, person or entity to block or remove the hate crime materials from its domain, including electronic media.
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