Karnataka’s hate speech law could test limits of state action on free speech

Karnataka has passed the Hate Speech and Hate Crimes (Prevention) Bill, 2025, a state law that seeks to penalise hate speech through a dedicated statutory framework rather than relying solely on existing public-order provisions in criminal law. The bill was cleared by both the Assembly and the Legislative Council earlier this month and has been sent to the governor for assent.

The Congress-led government has said the legislation responds to what it describes as a growing incidence of inflammatory and divisive speech, including on digital platforms. Introducing the bill, Home Minister G. Parameshwara told the Assembly that existing provisions were inadequate to address the scale and forms in which hate speech circulates, and referred to repeated Supreme Court observations calling on governments to take effective action against such speech.

At present, Indian criminal law does not recognise hate speech as a standalone offence. Under the Bharatiya Nyaya Sanhita, which replaced much of the Indian Penal Code in 2023, speech-related offences are addressed through provisions dealing with the promotion of enmity between groups or acts prejudicial to public order. Section 196 of the BNS, for instance, criminalises conduct that promotes enmity on grounds such as religion, caste, language or place of birth, with punishment linked to the disturbance of public tranquillity rather than to the expression itself as an independent harm.

The Karnataka law departs from this approach by defining hate speech directly. It covers spoken, written, visual and electronic communication intended to cause injury, hatred, ill-will or disharmony against individuals or groups on grounds including religion, caste, gender, sexual orientation, disability, language, and place of birth or residence. The bill also introduces the term “hate crime” to describe offences motivated by prejudice against such protected characteristics, a concept not explicitly recognised in central criminal statutes.

Penalties under the state law are more stringent than those prescribed under comparable provisions of the BNS. While offences such as promoting enmity under central law generally carry imprisonment of up to three years, extendable to five years in aggravated circumstances, the Karnataka legislation provides for a minimum sentence of one year, which may extend to seven years, along with fines. Repeat offences attract longer prison terms. Several offences under the Act are classified as cognisable and non-bailable.

The bill also addresses online speech. Following the Supreme Court’s 2015 decision striking down Section 66A of the Information Technology Act for vagueness, there is no specific central provision dealing exclusively with online hate speech. The Karnataka law empowers authorities to act against hate speech communicated electronically and permits preventive intervention where there is credible information that such offences may be committed.

The legislation was passed amid protests by the Bharatiya Janata Party, whose legislators objected to the breadth of the definitions and the severity of the penalties. The BJP has argued that the law could be misused to curb political criticism and dissent, and has indicated that it may challenge the legislation on constitutional grounds, particularly in relation to the right to free speech under Article 19(1)(a) of the Constitution.

Chief Minister Siddaramaiah has rejected those criticisms, saying the law is intended to prevent provocative speech that harms social harmony and would apply uniformly. He has said it is not aimed at legitimate expression.

With the bill now awaiting the governor’s decision, it remains to be seen whether it will face judicial scrutiny. If enacted, the law would place Karnataka at the forefront of state-level efforts to regulate hate speech, adding a distinct framework to India’s existing legal provisions, which have so far addressed such speech primarily through public-order and communal-harmony laws rather than through a specific hate speech statute.