Last Updated:February 01, 2026, 14:52 IST
While acknowledging the harm caused by hate speech, the Governor cautioned against restricting fundamental freedoms in the process.
The Karnataka Hate Speech and Hate Crime (Prevention) Bill, 2025, has been reserved for Presidential consideration after Governor Thaawarchand Gehlot flagged serious constitutional and procedural issues with the legislation.
In a communication to the state government, the Governor said the Bill, as drafted, required further examination to assess its constitutional validity. He said that he was invoking his powers under Articles 200, 201, and 254 of the Constitution of India to reserve Bill LA No. 79/2025 — The Karnataka Hate Speech and Hate Crime (Prevention) Bill, 2025 — for the consideration and assent of the President.
The Governor pointed to concerns including “vagueness, overbreadth, and the potential chilling effect on free speech under Article 19(1)(a)", along with issues related to “proportionality and procedural safeguards under Articles 19 and 21."
The Bill was passed during the winter session of the State Legislature in Belagavi in December 2025.
While acknowledging the harm caused by hate speech, the Governor cautioned against restricting fundamental freedoms in the process. Sources in the Karnataka government state that in the note, the Governor said that, “There is no doubt that hate speech is harmful to society. But killing freedom in the name of preventing hatred is not the solution. In a free society, the answer to hatred should be ‘free speech,’ not ‘dictatorial laws.’ Education, culture, and awareness should be used to combat hate speech."
The Governor also raised multiple objections to the Bill, cited several Supreme Court judgments on free speech and criminal law, and concluded that the legislation required wider deliberation.
The Lok Bhavan received around 40 representations opposing the proposed law, many of whom flagged concerns about the Bill’s potential impact and pointed out that it was passed by both the Assembly and the Council without meaningful consultation with civil society organisations, media bodies, civil rights groups, and digital platforms.
What did the Karnataka Governor object to?
The Governor is understood to have flagged three principal constitutional concerns — possible conflict with Central legislation under Article 254, potential infringement of fundamental rights under Articles 14, 19, and 21, and what he described as subjective and draconian executive powers proposed in the Bill.
One of the central objections relates to the definition of “hate speech" under Section 2(1). The provision defines hate speech as any spoken, written, visual, or electronic expression intended to cause harm, disharmony, hostility, hatred, or ill-feeling against any person, living or dead, or any group or community.
The Governor is understood to have warned that such a broad definition could lead to the criminalisation of ordinary or spontaneous speech. He also stressed the need for police authorities to act with restraint and impartiality while enforcing the law, and suggested that wider consultation across sections of society could have improved the drafting process.
He underlined that democracy depends on freedom of expression, respect for differing opinions, and open dialogue, and cautioned that ambiguities in the Bill and its long-term impact on democratic discourse warranted close scrutiny. He further noted that criminal laws must ensure legal certainty, so citizens clearly understand what constitutes an offence.
What is the Hate Speech Bill?
The Bill defines hate speech as any expression causing injury or disharmony against a person or group on grounds including religion, race, caste, gender, sexual orientation, place of birth, and disability. It introduces organisational accountability, making office-bearers liable if hate speech is linked to their organisation, and empowers the State Government to block or remove hateful content online, addressing the digital spread of hate speech.
Recent incident
The controversy around the Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025, had surfaced even before the legislation reached its final stage of receiving the Governor’s assent, after a police notice issued in Chikkamagaluru triggered a political backlash.
The row broke out after a police officer served a notice on BJP leader Vikas Puttur, warning that he could face action under the proposed Hate Speech law — despite the Bill not having cleared the Lok Bhavan at the time.
Puttur was scheduled to address a Hindu Samajotsava procession in Tarikere town on January 24. The notice, issued by the Chikkamagaluru district police on January 22, cited provisions of the proposed Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025, even though the legislation was yet to receive gubernatorial clearance.
Issued just days before the event, the notice directed the BJP leader to ensure that his speech did not hurt the sentiments of any community or promote hatred or violence.
The Opposition BJP accused the Congress-led government of acting in a high-handed manner and misusing a law that was not yet in force to intimidate opposition leaders.
Government sources, however, said a departmental enquiry had been ordered into the incident and that action had been been initiated against the police inspector who issued the notice.
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