BJP urges Governor to withhold assent to hate speech Bill

R Ashoka

Credit: DH Photo

Bengaluru: A BJP delegation, led by leaders of the opposition R Ashoka and Chalavadi Narayanaswamy, on Monday met Governor Thaawarchand Gehlot and urged him to withhold assent to the Karnataka Hate Speech and Hate Crime (Prevention) Bill, 2025, terming it “vague, draconian and unconstitutional.”

In a detailed representation submitted to the Lok Bhavan, the saffron party argued that the proposed law posed a serious threat to fundamental rights, particularly freedom of speech and expression. The Bill was tabled and passed by the Congress government during the winter session of the Karnataka Legislature held at Belagavi last month.

The Siddaramaiah-led government has maintained that the legislation is aimed at curbing hate speech and hate crimes to ensure social harmony. However, the BJP contended that the law could be misused to silence dissent and criticism of the ruling dispensation.

According to BJP, the definitions of “hate speech” and “hate crime” are vague and lack clear legal standards, which would lead to excessive discretionary powers for the executive (police). Even the penal provisions would have a “chilling effect” on democratic dissent and violates Articles 14, 19 and 21 of the Constitution.

The delegation also pointed out that several existing central laws, including provisions under the Bharatiya Nyaya Sanhita (BNS), the Information Technology Act, the Representation of the People Act and other statutes had already addressed hate speech-related offences, and a separate state law was unnecessary. The party also flagged concerns over provisions allowing preventive detention and exemptions based on claims of “public good,” calling them arbitrary.

Citing Supreme Court judgments, including Shreya Singhal Vs Union of India and S G Vombatkere Vs Union of India, the BJP argued that vague criminal laws have consistently been struck down by courts.

The BJP has requested the Governor to either withhold assent or reserve the Bill for the President’s consideration under Article 200 of the Constitution.

“The state legislature session is primarily meant for framing laws. But our speaker and chief minister gave little opportunity for any debate on the hate speech bill at Belagavi and have passed a bill that penalises the media, social media and the common man for speaking out. The Siddaramaiah government is doing the same mischief as Indira Gandhi who imposed the Emergency on the country in 1975. It will become a police state, which will curb free speech of both the media and the opposition parties an also jail the opponents. We urged Governor not to give assent to the draconian bill,” said LOP R Ashoka, while speaking to reporters.