The Karnataka government on Wednesday tabled a bill in the state Assembly to curb hate speech, proposing prison terms of up to 10 years and monetary penalties amid opposition from the BJP.

The Karnataka Hate Speech and Hate Crime (Prevention) Bill, cleared by the cabinet on December 4, was introduced by home minister G. Parameshwara.

The legislation defines hate speech as any expression made, published or circulated in spoken or written words or by signs, visible representations or electronic communication or otherwise, in public view, with an intention to cause injury, disharmony or feelings of enmity or hatred or ill will against any person alive or dead, class, group or community to meet any prejudicial interest.

Biases based on religion, race, caste or community, sex, gender, sexual orientation, place of birth, residence, language, disability or tribe have also been categorised as hate speech.

The Speaker permitted the tabling of the Bill through a voice vote despite opposition members shouting “No”.

Some BJP legislators, including Sunil Kumar, sought a division of votes, but the process was completed and the Bill was placed before the House.

Deputy chief minister D.K. Shivakumar later told reporters, “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.”

The Bill states that prejudicial interest includes biases on the aforementioned grounds.

The draft law categorises hate crime as communication, publishing or circulation of hate speech or any act of promoting, propagating, inciting, 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.

Punishment for committing a hate crime will range from one to seven years of imprisonment with a fine of Rs 50,000.

Subsequent or repetitive offences will attract a minimum of two years imprisonment, extendable up to 10 years, along with a fine of Rs 1 lakh.

All offences under the proposed legislation will be cognisable and non-bailable.

The Bill empowers Executive Magistrates, Special Executive Magistrates and deputy Police Superintendents to take preventive action if they believe a person or group is likely to commit an offence under the law.

The provisions will not apply to books, pamphlets, papers, writings, drawings, paintings, representations or figures if they are in the interest of science, literature, art or learning or used for bona fide heritage or religious purposes.

If the offence is committed by an organisation or institution, every person who was in charge and responsible at the time will be deemed guilty and liable for prosecution unless they prove the act occurred without their knowledge or that they exercised due diligence to prevent it.

The Bill authorises a designated officer notified by the state government to direct any service provider, intermediary, person or entity to block or remove hate crime materials from its domain, including electronic media.