Bengaluru, Dec 22 (PTI) The Hindu Janajagruti Samiti, a right-wing organisation, has urged Karnataka Governor Thaawarchand Gehlot to withhold assent to a bill aimed at curbing hate speech and hate crime,
terming it "unconstitutional" and a "serious threat" to freedom of speech and religious liberty.
In a memorandum, the representatives of the organisation and other outfits opposed the Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025, and warned that its provisions could be misused, like suppressing dissent.
It claimed that the bill is "vague, overbroad and unconstitutional, and poses a serious threat to freedom of speech guaranteed under Article 19(1)(a) of the Constitution, as well as to religious freedom."
The Samiti, on Sunday, flagged what it termed "excessively vague and broad" definitions of "hate speech", "hate crime" and "bias-motivated interest", cautioning that these could criminalise speech even "in the absence of intent or imminent violence", thereby enabling arbitrary and selective action by authorities.
Raising concern over religious practices, the memorandum said the Bill shifts the burden of proof on the accused to establish "public interest" or "bona fide religious purpose". This said is contrary to established criminal jurisprudence, it said.
The Samiti warned that core Hindu activities such as "referencing Vedic scriptures, religious discourse, doctrinal debates, proselytisation discussions, or criticism of religious ideologies" could be criminalised under the proposed legislation.
Objecting to speech-related offences being made cognisable and non-bailable, the Samiti said this could result in immediate arrests, harassment of saints, social activists and journalists, and suppression of dissent and free expression.
The memorandum also criticised the Bill for granting "sweeping powers to executive magistrates and police officials" without adequate judicial oversight, including authority to remove content "without proper inquiry or a robust appellate mechanism"
This violates the principles of natural justice, the Samiti said.
Pointing to overlap with existing Central laws, it said matters covered under the Bill are already addressed in the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Information Technology Act. It warned that the state law risks conflict under Article 254 of the Constitution.
The Samiti requested the governor to "withhold assent to the Bill under Article 200 of the Constitution" and "return the Bill to the legislature for reconsideration, with clear definitions, safeguards for freedom of speech and religion, and judicial oversight mechanisms". PTI GMS ADB
