Belagavi: The Karnataka government on Wednesday tabled the Karnataka Hate Speech and Hate Crime (Prevention) Bill in the state Assembly, amid opposition from the BJP.The bill has a provision for a fine up to Rs one lakh and a jail term up to 10 years.
The bill, cleared by the cabinet on December 4, was tabled in the Assembly by State Home Minister G Parameshwara.
According to the bill, any expression, which is made, published or circulated in words either spoken or written or by signs or by visible representations or through electronic communication 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 is hate speech.
Any biases on the grounds of religion, race, caste or community, sex, gender, sexual orientation, place of birth, residence, language, disability, or tribe have also been categorised as hate speech.
As Parameshwara sought the permission of the House to table the Bill and Speaker U T Khader put it to voice vote, the members of the opposition BJP opposed it by shouting “No”.
Though some BJP members like Sunil Kumar sought a division of votes, the Speaker went ahead with the process of tabling the Bill in the House.
Speaking to reporters after tabling the bill in the Assembly, Deputy Chief Minister D K Shivakumar said, �Of course, hate speech (prevention) is part of the government agenda. You cannot allow hate speech to happen. We have to maintain peace, law and order in the state.�
Prejudicial interest means and includes, 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.�
Whoever commits a hate crime will be punished with imprisonment for a term which should not be less than one year, but may extend to seven years with a fine of Rs 50,000.
Further, for any subsequent or repetitive offences, the punishment should not be less than two years, which may extend to 10 years with a fine of Rs one lakh.
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 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
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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