Laws on Hate crime in India.
Introduction.
There exists no clear definition of a hate crime. However, common understanding suggests that a hate crime is any offence that is committed and motivated by the perpetrators bias against a certain person or group. This bias may be against religion, race, caste, economic status, sex, etc. It may either be an act done against a person, such as violent acts, threats, assault, etc, or it maybe done against a property, such as damage to property, trespass, etc.
It takes different forms in different parts of the globe. In India, most hate crimes are motivated by religious and caste differences. However, it is not limited to only these two aspects.
There exists no legal framework or legislation to govern hate crimes in India. The number of hate crimes across the country. It has come to the attention of the Supreme Court that there have been a growing number of cases with regards to hate speech. The apex court was of the opinion that India being a secular country, there must be no leeway for crimes of such nature.
Difference between a crime and a hate crime.
In criminal law, it is the aspect of mens rea, i.e, intention that is given utmost importance. It is necessary to prove that the accused had an intention to commit the crime. In hate crimes, there exists no clear intention for committing a crime. It is governed more by the motivation, than the intention. It is a biased crime.
However, many at times, in different legal states, people get away with committing hate crimes due to the fact that the motive to commit a crime is rarely investigated. Indian legislations do not recognize the term ‘hate crime’. It is no longer an idea that may be linked to the existing provisions of the Indian Penal Code. Rather, it is a form of crime, and an independent idea in itself.
The first component of a hate crime is the conduct that qualifies as criminal activity under general criminal law. The “basic offence” refers to a criminal offence. Although there are slight variances in the legal systems of different nations, all of them have a common set of fundamental criteria that render certain kinds of acts as criminal. As a result, there are some distinctions in the kinds of behaviour that add up to wrongdoing. A fundamental offence must have been committed in order for there to be a hate crime.If there is no fundamental offence, there cannot be a hate crime.
The second component of a hate crime is the commission of the offence while engaging in a certain mental process, or “bias,” as it is referred to in this text. This feature of the biased cognitive process separates hate crimes from other sorts of crimes. This implies that the wrongdoer deliberately picked the victim of the wrongdoing based on a certain guaranteed attribute.
Reasons for committing hate crimes.
There exist many reasons as to why a hate crime maybe committed. These include:
- Religious and Ethnic differences-
Tensions between various religious and ethnic groups exist in India, which is a varied nation. Violence and hate crimes frequently result from these tensions.
- Caste Discrimination-
Caste-based prejudice has a long history in India, which has led to the marginalisation of some communities and the commission of hate crimes against them.
- Social Media and False Information:
False information and hate speech can propagate on social media, escalating tensions and encouraging the commission of hate crimes.
- Regionalism, Religionism-
The offender may harbour hatred for anyone who is not a member of or does not belong to the group they identify with.
- Differences in opinion-
On a broader scale, the target can only serve as a proxy for an idea that the offender finds objectionable, like immigration.
Instances of Hate crime in India
The idea and happenings of hate crime is not new. It has been prevalent in society for many years now. A global example of a hate crime is the Nazi regime under the regime of Adolf Hitler. During his regime, people belonging to a particular religious group, the Jewish community were tortured, harassed and prosecuted. They were sent to concentration camps, where they were treated in inhuman manners and later sent to gas chambers, where they were killed. The main motive behind committing of such an act was the belief that the particular community was inferior, whereas the German community was superior.
There have been many more instances globally of hate crimes being committed to a large extent. Another prominent example in the Khmer Rogue in Cambodia under the regime of Pol Put.
India is no exception to hate crimes. Though not perpetrated by the State itself, due to the extent of diversity, and the religious differences that are existent within the State, there have been multiple instances of hate crimes.
One such instance is the discrimination against the minority Hindu Kashmiri Pandits in India. For the individuals who originally belonged to the state, Kashmir became a hellish place because of the Muslim predominance there. Pandits from Kashmir were given the option of leaving Kashmir or preparing to pass away. This had the result of men carrying firearms into the streets to kill innocent people in order to assert their territorial rights and create an Islamic state. During that time, countless Kashmiri pandits perished. The Kashmiri Pandits left in large numbers. Overnight, millions of people fled for their lives.
The conflict surrounding Ayodhya, the demolition of the Babri Masjid, is also an instance of hate crime against a religious group. It led to riots, and the killings of many innocent lives.
Legislations with respect to hate crime.
There exists no laws or legislations that exclusively deal with the issue of hate crime. However, there are provisions in the IPC that govern hate speech, as well as other offences that maybe implemented while dealing with crimes of such a nature.
The above mentioned provisions are,
- Section 153A– condemns ‘promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language etc. and doing acts prejudicial to maintenance of harmony’
- Section 153B penalizes ‘imputations, assertions prejudicial to national integration’.
- Section 505(1) and (2) punishes ‘publication or circulation of any statement, rumour or report causing public mischief and enmity, hatred or ill-will between classes.’
- Section 295A punishes deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs”.
There is clearly an urgent need for clarification regarding what type of law is required to stop such crimes from happening in the future. It is important to close any existing gaps as quickly as feasible. In a secular nation like India with a wide variety of faiths, languages, and ethnicities, these crimes have the potential to upend the social order and encourage sectarian bloodshed. To maintain the delicate balance and peaceful coexistence of so many tribes and groups, these regulations will be necessary.
Conclusion.
In conclusion, the legislation on hate crimes would be extremely important in addressing and thwarting acts of prejudice- and intolerance-based violence, antagonism, and discrimination. The protection of vulnerable communities’ rights and dignity as well as the promotion of an inclusive and peaceful society depend on these laws.
The government must aim to make it very apparent that any type of bias-motivated violence will not be tolerated by including hate crime. The legal framework must include provisions and statutes that are to function as a deterrent and foster a culture of respect and understanding by holding offenders accountable and imposing increased penalties for hate-motivated offences.
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Written by- Varada Hawaldar
[1] https://www.legalserviceindia.com/legal/article-8812-hate-crime.html
[2]https://heinonline.org/HOL/LandingPage?handle=hein.journals/ijlmhs13&div=116&id=&page=
[3]https://legalvidhiya.com/hate-crimes-their-nature-and-the-laws-connected-with-them/