Draft Karnataka law on hate crimes, speeches may hit political rallies

Bengaluru: Committing 'hate crimes' and delivering 'hate speeches' will attract up to three years in jail and a fine of Rs 5,000, the Karnataka government has said in a draft law that may impact political rallies and firebrand leaders.

The draft of the Karnataka Hate Speech and Hate Crimes (Prevention and Control) Act also states that "aiding, abetting or assisting" the commission of hate crime or hate speech would result in up to three years in jail and a fine. This will include providing a platform and money to acts that lead to a hate crime or speech.

Hate crime has been defined as causing or inciting harm and promoting or propagating hatred due to "prejudice against or intolerance towards" a person's religion, race, caste/community, gender, sexual orientation, place of birth, residence, language, disability and tribe.

A hate speech is the intentional propagation or advocacy "in a manner that could reasonably be construed to demonstrate a clear intention to harm or incite harm or promote or propagate hatred" based on a person's religion, race, caste/community, gender, sexual orientation, place of birth, residence, language, disability and tribe. Intentional distribution of hate speech will also constitute an offence.

Bona fide artistic creativity, academic or scientific inquiry, faire and accurate reporting or commentary in public interest, proselytization or espousing any religious belief in a manner that does not cause harm or incite hatred will not attract penal provisions, according to the draft.

Under the draft law, district magistrates (deputy commissioners) will have the powers to prohibit any act that is likely to "intimidate, threaten or otherwise promote ill-will" against one community or group. This may include prohibiting assemblies or processions and the use of loudspeakers.

These measures for the "prevention of acts leading to hate crime and hate speech" are likely to affect political rallies or public meetings.