Hate Crime in India

Introduction

Being a nation of diversity, India faces difficulty like none in this entire world. Our history is blended in with various hues. Individuals’ conclusions, sentiments and feelings are a great deal increasingly pervasive here, than in some other nations. ‘Unity in Diversity’ has been called our motto because of the very certainty that this immense contrast is the thing that bonds us together as citizens of India.

We get the opportunity to appreciate the lovely valleys of Kashmir alongside the peaceful backwaters of Kerala. We get the opportunity to taste the Dhokla of Gujarat alongside the Khar of Assam.

Along with these blessings comes obligation. As a country, we are very quite volatile and tend to snap at small events. This prompts our unbecoming. Additionally, our assorted variety, when not managed appropriately, makes us the most helpless. This is a root cause of disturbance in our nation.

All wrongdoing that we see happening these days is either politically religiously motivated or identity based. Hate crimes are horrendous indications of intolerance and profoundly influence the harmed individual as well as the gathering with which that awful setback perceives oneself. They influence network union and social stability. A vigorous response is, therefore, fundamental for both individual and common security.

Hate crimes are distinguished from other types of crime by the intention of the perpetrator since the motive is ordinarily unessential in showing the fundamental parts of a wrongdoing, it is once in a while analyzed in sufficient detail to draw out the veritable clarification behind the wrongdoing. .

In spite of the fact that states have passed unique independent laws to address hate crimes, these crimes do happen and significantly affect the person in question and the community of the unfortunate victim. If the police, prosecutors, and judges can be trained to understand and respond to these crimes effectively, the damage caused by hate crimes can be reduced.

 Understanding Hate Crime

Any crime performed with a particular bias towards a person or a community is a Hate Crime. The offender’s bias can be sexual orientation, ethnicity, race, religion, gender, disability or identity.

Hate crimes are criminal acts carried out with a biased thought process. It is this manner of thinking that makes hate crime different from other crimes. Hate crime isn’t one explicit offence. It could be an exhibition of terrorizing, perils, harm to property, ambush, murder or some other criminal offence.

The expression hate crime or “bias crime” is a kind of wrongdoing, rather than a specific offense inside a restorative code. An individual may carry out wrongdoing in a country where there are no specific criminal sanctions by virtue of prejudice or bias. The term portrays a thought, rather than a lawful definition.

Hate crimes always comprise two elements:

  • A criminal offence
  • Committed with a biased motive. 

The first component of hate crime is that an act is committed that establishes an offence under basic criminal law. Since there are little varieties in lawful arrangements from nation to nation, there are a couple of divergences in the kind of lead that adds up to wrongdoing still all nations have a basic criteria that condemn a similar sort of vicious act. Hate crime consistently require a base offense to have occurred. In the event that there is no base offense, there is no hate crime.

The second component of hate crime is that the criminal act is carried out with a particular thought process .It is this component of the biased thought process that separates hate crime from normal crimes. This suggests the perpetrator purposely picked the goal of the wrongdoing in view of some secured characteristic.

Factors that Lead to Hate Crime

Differentiation of Factors: These factors relate to the act of violence or crime that has been committed. They may also be expressed as the reason behind the commission of an offence or the thought(s) which drove a perpetrator to commit such an act. The following categories have been carved to suit the findings:

  • Difference in work or ideology: Crimes which have been included in this section have been committed with the bias of an individual or group’s work or ideology or belief system. Their sole intention is to hurt the potential victim based on their work and belief system. The victim might be an individual or a gathering and same applies to the perpetrator.
  • Create Communal Clashes/Riots: An environment of fear has been made or has prompted conflicts occurring between people or various communities. The aim of the perpetrator was to make an environment which would be favorable for their activities. For example spreading apprehension and confusion among the masses. The majority of the cases in this area have a specific viewpoint wherein conflicts have either occurred or have been deflected by the specialists with the utilization of Sec. 144 of the Code of Criminal Procedure.
  • Celebration of Festivals: crimes which have been committed when a community has been celebrating their festival or is about to do so fall in this category. The victims in this area mostly come from a community celebrating their respective festivals.
  • Dispute over Places of Worship: Clashes of this kind mostly end with the commitment of hate crimes. They usually are over a piece of land or its tenants.Victims tend to be from the minority though there are some exceptions.
  • Elopement: Inter religious or inter caste marriages have often led to a clash because of the taboo that prevails in the communities. Those who have eloped are looked for and mercilessly killed which further adds to the communal element.
  • Sale/Consumption of Meat: This factor wasn’t an issue for an extremely long time, but due to the rise of an ideology condemning it, this issue has become a prevalent factor in determining  the thought process of perpetrators. The victims often belong to the minority and those who have committed such hate crimes get away with it.

Nature of Violence

Violence is a tool used to inflict harm. The nature of violence that a perpetrator chooses in a case reflects the mentality of the perpetrator. With the increase in the commitment of hate crime, violence has been categorized into the following:

  • Communal Tension/Violence/Riot: Conflicts which happen with a communal background are included in this category classification. They leave many harmed and for the most part end with Sec. 144 of the Code of Criminal Procedure getting implemented. Instances like these regularly leave blotches on the historical backdrop of development in a specific spot.
  • Social Boycott: Isolation because of the fact that one belongs to a particular community or has a particular belief or follows a particular ideology is discrimination of the highest level. We Indians speak of discrimination as if it has been thrown out from our roots, but the sad reality is that is in engrained in our genes. It takes quite an effort to stop the same from passing on.
  • Denial of Access to Public Space/Institution: this is close to institutional discrimination; however there exists a thin line of difference which separates it from the same. A public park is for all just like an institution, though access to it may be restricted for particular communities in ways one that cannot be thought of.
  • Hate Speech: speech made in a derogatory, inflammatory and inciting manner which may have adverse after effects constitute this category. Action by the authorities may not be necessarily taken in such cases, but a crime being accepted by a majority cannot have its definition changed just for their sake.
  • Demolition/Attack on Property: here, only private property has been taken into consideration. The perpetrator may be an individual or a group of individuals.
  • Attack on Religious Infrastructure: any attack on a structure which is regarded as sacred by the followers of a particular belief constitute this category. The attack may be by an individual or a group of individuals.

Need for Hate Crime Laws

If the hate crimes are dealt in the same manner as other crimes are, this might lead to mismanagement of the crime. For instance, investigators constraining the offense when picking charges, and courts fail to apply their powers to extend sentences to reflect the thought processes of the guilty party.

Hate crime doesn’t happen in a vacuum; they are a rough indication of preference, which can be inescapable in the more extensive network. In instances of poor examination, prosecution, and punishment of hate crime, certain patterns can be observed. Where the wrongdoing is carried out against a person who is a person from a stigmatized (for instance if the gathering is naturally thought of as being engaged in a wrongdoing), this can impact the assessment by painting the victim as being the one at fault.

Arguments in Favour of Hate Crime Laws

The practical effect of passing hate crimes enactment may be noteworthy.Ideally, enactment is handed after a positive level of dialogue within the government, law implementation specialists and society at large.

 This serves to centre consideration and brings problems to mild of the diploma and nature of the crimes. The way toward passing enactment can in this way improve attention to and reactions to hate crime.

Once authorized, the execution of hate crime enactment calls for proficient preparing which builds the abilities and information on police investigation and judges. This results in advanced criminal equity reaction to hate crimes

The representative estimation of the law can and should   be used to exhibit society’s dismissal of crimes dependent on the bias. The establishment of hate wrongdoing laws is a ground-breaking articulation of society’s judgment of specific offences as particularly unpardonable and meriting more noteworthy discipline.

Criminal law punishes the offender. As taken into consideration, hate crimes greatly affect the injured individual than customary crimes, and they also influence other people who are individuals from the unfortunate victim’s community. The justification for increased sentences is, therefore, the extra harm affected both the individual and the community.

Hate crime laws punish the greater culpability of those who inflict harm on another individual or community. The perpetrator’s motive makes the crime more genuine than if the offense had been committed without such motive, which means bias plays an important role here.

The criminal law as often as possible forces expanded punishments for acts put together with respect to their result, however on the goal of the perpetrator. This contention, therefore, expects that it is the objective of the perpetrator to cause lopsided harms, or that they are reckless to the risk of additional harm.

Conclusion and Suggestions

India has a ‘Reformative Policy’ for those it considers wrongdoers. It believes that a wrong can be corrected if the wrongdoer is led to the right path with the due process of law. Considering the amount of increase in crimes and the fearlessness of perpetrators with respect to the heinousness of their acts, it’s time we change our outlook and adopt a stricter policy.

A manner in which this can be achieved is to follow in the steps of Middle-Eastern countries with regards to their laws on such heinous acts, which have been the root of a minute crime rate. The thinking which comes along with this policy is that a potential perpetrator is aware of the harshest of punishments which are meted out to those who have committed such acts, as an example for the rest of the society.

 This instills a fear related to the commission of such acts, making the society well aware of the results beforehand. Considering the times we are in, we need a stricter law, an ever-functioning judiciary and legal support for the oppressed.

Hate crime laws should recognize that people or property either can fall in the category of the victims. Hate crime laws should be symmetrical in their application. Courts should be required to consider them as evidence of motivation. Courts should be required to state on the record reasons for applying or not applying a penalty enhancement so the motive behind it can be calculated. States ought to think about a mix of substantive offences and penalty enhancements.

 Hate crime laws ought to incorporate attributes that are unchanging or basic to an individual’s personality. Patterns about hate crime laws should be recognized like social and historical patterns of discrimination. Hate wrongdoing laws ought to incorporate qualities that are obvious or promptly known to the wrongdoer. 

References

  1. Report on Hate Crimes in India: A Legal Perspective at https://www.academia.edu/
  2. Hate crimes: Their nature and ideology behind making the laws connected with them at https://blog.ipleaders.in/hate-crimes-nature-ideology-behind-making-laws-connected/
  3. Hate Crime at https://www.britannica.com/topic/hate-crime
  4. The legal definition of hate  crime and hate offendor’s distorted cognitions at https://www.researchgate.net/publication/6863923_The_legal_definition_of_hate_crime_and_the_hate_offender’s_distorted_cognitions
  5. How to tackle hate speech at https://blog.ipleaders.in/hate-speech-laws/

FAQs

Q1) How is hate crime different from other crimes?

Q2) What are the factors that lead to hate crime?

Q3) What are the causal factors of this type of crime?

Q4) What are the considerations that must be kept in mind by the law makers?

Q5) What is the need of law to penalize hate crime?

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