Shobha Karandlaje urges Governor to withhold assent to Karnataka hate speech bill
Bengaluru (PTI): Union Minister of State Shobha Karandlaje on Friday urged Governor Thaawarchand Gehlot to withhold assent to the Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025, terming the Bill "vague, overbroad, and susceptible to misuse".
She also requested him to reserve the Bill for the consideration of President Droupadi Murmu under Article 200 of the Constitution of India, in the larger interest of constitutional governance, democratic freedoms, and the rule of law.
The bill, passed by both houses of the legislature, will be sent to the Governor for his assent.
Taking to social media 'X', the minister said, "The Karnataka Hate Speech and Hate Crimes (Prevention) Bill 2025 hands the State sweeping authority to silence opposition voices, restrain the media, and intimidate the citizens who defend Karnataka's land, language, and Dharma. This isn't a hate speech prevention bill, it's rather a bill that prevents the right to speech." "We will not let Congress turn the law into a tool to choke free speech and democratic dissent," she added.
In a letter to the governor, Karandlaje said the objective of the Bill is to address hate speech and hate crimes. However, upon careful examination, it becomes evident that the Bill, in its present form, establishes a "State-controlled mechanism" for monitoring, assessing, and penalising speech, rather than narrowly addressing expression that poses a clear and imminent threat to public order.
"The structure of the Bill enables executive authorities to determine the permissibility of expression, thereby transforming the law into a tool capable of suppressing voices critical of the government. Such an approach undermines the constitutional guarantee of democratic dissent and free expression," she said.
Citing reference of article 19(1)(a) of the Constitution of India that guarantees freedom of speech and expression to every citizen, she said, "The Bill departs from these constitutional limits by employing broad, vague, and subjective expressions such as "disharmony," "ill-will," and "prejudicial interest," which are not precisely defined. These terms confer excessive discretion on the Executive, enabling arbitrary and selective enforcement, which is inconsistent with constitutional safeguards."
She said the constitutional infirmities of the present Bill must be examined in light of the Supreme Court's judgment in Shreya Singhal v. Union of India, (2015), wherein the Court held that any law regulating speech must be clear, narrowly tailored and free from vagueness.
The minister alleged that the Bill further authorises executive authorities and law-enforcement agencies to assess and act upon speech without adequate judicial oversight. Penal consequences are linked to executive assessment, thereby concentrating investigative and adjudicatory functions within the Executive.
"Such an arrangement erodes procedural safeguards and is inconsistent with constitutional principles governing the protection of fundamental rights," she alleged.
Karandlaje also pointed out the potential impact of the Bill on "historically marginalised" and "constitutionally protected" voices.
"The vague and expansive language of the legislation is capable of being invoked to silence Kannada language activists, women's organisations, representatives of Scheduled Castes and Scheduled Tribes, backward classes, minorities, journalists, student groups, and civil society organisations that raise issues of governance, social justice, or administrative accountability," she said.
Instead of empowering vulnerable communities, according to the minister, the Bill risks becoming an instrument to deter them from articulating grievances and participating meaningfully in public discourse, thereby defeating the very constitutional promise of equality, dignity, and inclusive democracy.
The minister alleged that the cumulative effect of the Bill is likely to create a "pervasive chilling effect" on public discourse, which is incompatible with democratic governance.
Pointing out that the Bill directly impacts fundamental rights guaranteed under Part III of the Constitution, she said, "In view of the serious constitutional questions it raises, this is a fit case for the exercise of constitutional discretion under Article 200. Reserving the Bill for the consideration of the President would enable a broader constitutional examination of its implications for civil liberties and the federal constitutional balance."
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SC stays UGC regulation pertaining to definition of caste discrimination
New Delhi (PTI): The Supreme Court on Thursday stayed a recent University Grants Commission (UGC) regulation after various pleas were filed contending that the Commission adopted a non-inclusionary definition of caste-based discrimination and excluded certain categories from institutional protection.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi issued notices to the Centre and the UGC on the pleas challenging the regulation.
The new regulations mandating all higher education institutions to form "equity committees" to look into discrimination complaints and promote equity were notified on January 13.
The University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, mandated that these committees must include members of the Other Backward Classes (OBC), the Scheduled Castes (SC), the Scheduled Tribes (ST), persons with disabilities, and women.
The new regulations replaces the UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012, which was largely advisory in nature.
The pleas assailed the regulation on the grounds that caste-based discrimination is defined strictly as discrimination against members of the SCs, STs and OBCs.
It said that by limiting the scope of "caste-based discrimination" only to SC, ST and OBC categories, the UGC has effectively denied institutional protection and grievance redressal to individuals belonging to the "general" or non-reserved categories who may also face harassment or bias based on their caste identity.
Protests were held at various places against the regulations, with student groups and organisations demanding its immediate rollback.
