HATE CRIMES: HISTORY, TYPES, LEGISLATION, AND FURTHER LEGAL POLICIES

Abstract

There are crimes in this world since time immemorial. People around the globe are either committing or are being subjected to crime. But when the motive of conducting a crime is mere the “identity” of a person then the offence Hate Crime comes into force. Hate crime can range from assault and physical violence to gruesome acts like gang rape and murder. It not only creates a sense of insecurity and fear within the aggrieved person or family but also creates distress among the particular community, ethnicity, and gender. It disrupts the peace of whole society and creates animosity among community and individuals. Hate crimes destroys the essence of unity, secularism, and inclusiveness within India. This crime is persisting in the society since a long time. This paper will revolve around the trends of Hate Crime in India and around the globe in a descriptive manner along with current policies and future suggestions.

Keywords

Hate crime, biasness, prejudice, violence, discrimination, conflict

Introduction

Among all the crimes that get committed in India and around the world on a daily basis there are few crimes that are equally terrific and atrocious in nature but are often ignored, one of such crimes is Hate crime. Hate crime creates collision between two communities or sects within a country or between two or more countries. It also disrupts the unity and integrity of a country. Currently Hate crime is increasing not only in India but all over the world. In a diverse country like ‘India’ we have people from different strata, caste, class, and religious believes. Because there is inclusion of so many cultures within the same land it gives rise to hatred between two or more different communities having distinct values, ideas, and interests. Minority religions like Muslims, Christians, and Sikhs are particularly vulnerable to hate crimes, backward communities like Dalits are also very prone to hate crimes that includes discrimination, forceful labour, and physical violence. Women are targeted by hate crime vey often being victim of rape, domestic violence, acid attacks. Hate crime generally involves violence, discrimination, lynching, and use of persuasive dialogues to intimidate people in negative manner. Even Supreme Court has said that in a secular, gender neutral, and caste inclusive state like India offences like Hate crime should not be accepted as it disrupts the piece of whole so society. Whether it is violence towards minority religions, oppression of specific gender, or discrimination towards particular caste, hate crimes includes all of that. Situations like Hate crime also takes place when one community is threatened by the other one. Using vindictive and derogatory language on social media also gives rise to the situation. Hate crimes creates physical, psychological, and social harm to the victim and sometimes the situation becomes so critical that victim even commits suicide. This directly challenges the fundamental rights provided by the constitution of India. That’s why it is important for people like us to raise our voices against Hate crimes.

Research Methodology

The research methodology used in this paper in doctrinal. It includes thorough study of Hate Crime by explaining it’s history, types, current laws and future needs with the help of secondary sources like precedents, legislation, websites, and journals.

Review of Literature

According to USA based research organization, nearly 255 incidents of Hatred violence towards Muslim were recorded in first six months of 2023…….. According to reports most no. of Hate Crimes in India a happening against the backward communities like Dalits following by religious minority of Muslims……. States like MP, Rajasthan, Telangana, Chhattisgarh, Mizoram saw a spike on Hate Speech by 100%…… from the year 2022- 2023.These crimes are destroying the basic structure of the constitution that is equality. There is an urgent need to take essential steps for this issue.

History of Hate Crimes

The history of hate crimes can we traced back to the ancient times during the Later vedic period. The upper caste people used to show discrimination and hatred towards the lower cost people an consider them impure and called them untouchables. Womens were also subjected to injustices, where they were not allowed to get education, were forced to be at home and evils like Sati Pratha was also prevalent. During that time the term Hate crime was not specifically coined but the element of it can be very evidently seen through the text written during that time.

The practises of hate crime are deeply rooted within the conservative mind set of the people during that time and the orthodox nature of the society that does not mingles or gets along with the beliefs of the other communities.

Hate crime was also practised By the Britishers during their rule in India. British officers often used racist language and stereotypes to denigrate Indians. They used to make them work like servants in their houses and used to oppress them. The execution of English education system in India by Lord Macaulay in order to raise the superiority of western education eventually oppressed the traditional education system of India the traditional education system of India……

The rebellion of 1857 is an example of how Indians fought against the crime done on them by the Britishers where they were forced to use the rifle cartridges that was believed to be greased with animal fat. This rebellion was considered to be successful……

Gandhiji was also a victim of hate crime through racial discrimination when he was forcibly removed from a first-class train compartment at Pietermaritzburg station in South America in 1893….

Apartheid policy is also a classic example of hate crime in which there was racial discrimination on black people by white minority government in South Mails and Africa….

Holocaust by Nazis in Germany is another example of racial hate crime where 6,000,000 European Jews were murdered by Nazi German regime and its allies that took place between 1933 to 1945……

So, hate crime might not be used in ancient times as it is being used today but the above example shows how this evil of Hate crime it was still persistent in the society during that time.

Types of Hate Crimes

Religion based Hate Crimes

Religious hate crimes are incidences where victim is targeted because the offender was hostile towards the religious beliefs or interest of the victim. There is a belief that the practises of the other religion will create hurdles in their own religious beliefs and practises. Considering other religion subordinate to their own often ignites this situation even more. Minority religions like Muslims are often abused and beaten to death as they are believed to be perpetrators off go slaughter. Christians also suffers from hate crime as they are blamed for conversion of marginalised, poor, and lower cost people. This violates the true nature of circularity that’s why essential measures need to be taken to stop these practices.

• Case laws related to religious hate crimes.

Mohd. Haroon & others v. Union of India & Another

The case was heard on March 26th 2014 in Supreme Court of India. It revolved around the communal riots that erupted in Muzaffarnagar, Uttar Pradesh, on September 7, 2017. These riots caused significant loss of lives and displacement of thousands of people including women, children, and elderly.

The petitioners alleged that it was the failure of central government to provide protection and relief to the victims. They complained about the issues like delay in the medical examination of rape victims, inadequate compensation, and lack of proper rehabilitation measure.

The Supreme Court directed the state of Uttar Pradesh and central government to take immediate remedial steps, including establishing relief camps, providing financial assistance, and ensuring security measures for the affected individuals. The court also ordered compensation for victims and formers who lost their livelihoods…….

Pravasi Bhalai Sangathan v. Union of India

Filed under article 32 of the Indian constitution, the petition, PBS sort the Supreme Court intervention to address the increasing incidences of hate speech based on religion, cost, region and ethnicity. The petition argued that his speeches violate the fundamental right and disturbs communal harmony……

the key issues raised includes that weather his speeches in French upon fundamental rights like equality dignity and freedom from discrimination or not. It also raised questions that whether existing legal provision such as the Indian Penal Code and the representation of the people act are sufficient to curb hate speech or not. And lastly the role speech Election Commission in taking action against political parties whose leaders engages in hate speech…….

The Supreme Court acknowledged the inadequacy of existing laws to address hate speech effectively an emphasise the need for stricter regulation and guidelines. The case highlighted the tension between free speech and societal harmony.

Caste based Hate Crimes

Crimes against the underprivileged, backward classes like Scheduled Cast and Scheduled Tribes by the upper castes in India is an extreme form of prejudice and discrimination. Since ancient times these marginalised castes were subjected to discrimination that led to their economic and social exclusion from the society. Serious acts of violence were also done to them which included violence, rape, forced labour etc. A lot of lower caste people like the Dalits are forced to do works like manual scavenging though it is banned in India. The social stigma that these people are impure also led to the transformation of their identity as untouchables, which is still practised in India. People of lower cost are generally weak and unstable financially. They are mostly frightened to raise their voices against any type of assault that can happen with them or happens with them on daily basis this injustice discrimination and violence needs to be stopped and some clear actions are required to be taken by the government so that this long practise of caste-based discrimination that eventually gives birth to hate crime can be solved.

• Case laws related to Caste based Hate Crimes

1.Sukanya Shantha v. Union of India

Sukanya Shantha versus union of India 2024 highlighted institutional discrimination on the basis of cost in Indian prisons. Investigative reporter Sukanya Shantha moved up public interest litigation upon filing a report about practises in prisons like segregation of persons an allocation of work on inmates based on their cost. Her petition was against such discriminatory rules in prison manuals, contending that they infringed on fundamental rights under article 14, 15, 17, 21 and 23 of the Indian constitution……..

The Supreme Court, headed by Chief Justice DY Chandrachud, justice JB Pardiwala, and justice Manoj Misra, held that cast segregation in prisons was unconstitutional. The quote underlined that discipline cannot be achieved at the expense of infringing on the fundamental rights off prisoners. It ordered the union government and states to amend prison rules to do away with discriminatory practices……..

This milestone ruling reformed the doctrine of equality and overruled the separate but equal theory in prison administration.

2.Pranay Kumar v. State of Telangana

Pranay Kumar versus state of Telangana case is a sad a notable incidence violence of caste violence in India. Pranay Kumar, a Dalit individual, was brutally killed on September 14, 2018, in Miryalaguda, Telangana. The assault took place in daylight while he was walking out of a hospital with his pregnant wife Amruta Varshini and his mother.

The reason for the murder was cast bias. Pranay had married Amrutha, a woman from a forward caste, despite her father’s opposition, T. Maruthi Rao. Rao had ordered the murder by employing contract killers allegedly for ₹1 crore

The case was over in March 2025 with a special court the long and are delivering the verdict. Subash Sharma, the contacted murderer, was given the death penalty, while six others were given life sentences. The ruling of the court is regarded as a landmark development in tackling caste violence and honour killings in India.

Gender based Hate Crimes

Gender based hate crimes are the crimes in which the offender causes, damage, violence to the victim due to biasness and prejudice towards gender of the other person. This hatred often turns out into offences that causes serious threat and terror in the victim and also among the gender from which the victim belongs. It is generally believed that the aggrieved person that suffers from gender-based hate crimes are generally women but it is not true, a lot of times. Males and other gender communities like transgenders suffers from hate. Hate crime often includes force the prostitution, genital mutilation, rape and physical assault. People consider these genders subordinate to them and often discriminate them, for example the women are paid less than men at work for the same role in job. Trans people are the most violated section of gender-based hate crimes as they are not even provided with the basic amenities like, healthcare and education in many areas. In an inclusive country like India that series of acts should not be tolerated. The person who suffers from this hate crime gets insecure and lives in dilemma. A lot of times the victim also commit suicide. Some immediate steps should be taken to curb this issue.

• Case laws related to gender-based Hate Crimes

Vaisakha v. State of Rajasthan (1997)

This landmark case arose out of the brutal gang-rape of Bhanwari Devi, a rural social worker in Rajasthan. She was targeted for her campaign against child marriage, a deeply rooted evil in rural India. The case brought to the forefront the absence of legal protection of women from sexual harassment at workplaces….

The Supreme Court of India seized this moment to set right the obvious lacunae in the law and established what later became known as the Vishaka Guidelines. They established what constituted sexual harassment, acknowledged its pervasive presence, and instructed measures for guaranteeing a safe and secure workplace for women. It was to be the basis for India’s later law on sexual harassment, leading to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013……

This case marked a significant turning point in India’s legal and social landscape, highlighting the need for safeguarding women against gender-based violence at workplaces.

Lata Singh v. State of Uttar Pradesh (2006)

This case was about the freedom of adult persons to marry a person of their choice. Lata Singh, a woman from an upper-caste background, married a man from a Scheduled Caste, refusing to accept her family’s disapproval. Her family members went to the extent of registering false criminal offenses against her and allegedly using physical force to try to force her to succumb to their demands……

The Supreme Court of India ruled in favor of Lata Singh, holding that consenting adults have the constitutional right to marry or live with a partner of their choice, regardless of caste or community. It also instructed state governments to extend protection to couples subject to societal violence in such cases……

The judgment was critical of honour-based violence and underscored the fundamental rights of citizens. It underlined the necessity for changing society to transmute regressive gender- and caste-based practices.

Current laws related to Hate Crimes

While the term Hate Crime may not appear in any one law, its various forms have usages in other laws.

“The IPC” The Sections of 153A, 153B, 295A, 298, 505(1) and 505(2) of the IPC states that any expression, oral or written, that incites discord, animosity or hatred or ridicule based on religion, ethnicity, culture, language, region, caste, community, race etc. Is punishable by law.

53A: Provides punishment for those who create enmity between different sections of society.

153B: Relating to national integration, it deals with imputations, assertions that are really harmful.

505: Deals with spreading of rumours and news which is likely to stir up communal hatred.

295A: This section states for the punishment of hate speech for the religious belief of a class by words intended to deride them with a thought to speech contain thought of speech which is hate.

Some other laws which have provisions on hate “speech” and its prohibition are:

“Representation of People Act, 1951” – The Act considers recital of hate speech as an order of electoral offense and divided the form into two hate corrupt practices and electoral corruption. Apart from the other provisions, the operative ones, covering hate speech are sections 8, 8a, 123(3), 123(3a), and 125.

Changes that are needed to combat Hate Crimes

India could strengthen its legal framework to address hate crimes more effectively. Here are some further laws that could be introduced:

Comprehensive Hate Crime Law: A specific law defining hate crimes based on gender, caste, religion, ethnicity, or sexual orientation could be introduced. It should clearly outline punishable offenses and ensure consistent enforcement across states.

Enhanced Penalties: Laws could prescribe stricter penalties for hate crimes to deter offenders. This could include mandatory minimum sentences for severe offenses.

Technology Regulation: With the rise of online hate speech, laws could regulate digital platforms. Platforms might be required to remove hateful content promptly and ensure accountability for spreading hate online.

Victim Support and Protection: Future legislation could mandate robust victim support systems, including counselling, legal aid, witness protection programs, and compensation schemes for those affected by hate crimes.

Law Enforcement Training: Mandating specialized training for police and judicial authorities could improve their ability to recognize, investigate, and prosecute hate crimes effectively.

Community Initiatives: Laws could promote community-driven solutions, such as mandatory local awareness programs and conflict-resolution mechanisms to foster inclusivity.

Accountability of Public Figures: Legislation could hold public figures accountable for hate speech or actions inciting violence, ensuring that influential voices promote harmony.

These measures, if implemented, could significantly strengthen India’s commitment to equality and justice while protecting its diverse communities.

Conclusion

Hate crimes such as religion, and gender-based crimes pose a serious risk to social peace and dignity. Hate crimes tend to be caused by prejudices and biases at the deep-seated level and culminate in violence, discrimination, and victimization of weak segments of society. In India, there have been increased occurrences of religious riots, caste atrocities, and gender hate crimes, underscoring the imperative of a proper measure for countering it.

At present, Indian laws like Sections 153A, 153B, 295A, and 298 of the Indian Penal Code deal with hate speech and speeches that promote enmity between groups. Yet, no such overarching legislation specifically deals with hate crimes. The lack of a clear-cut legal framework generally leads to ineffective enforcement and justice for victims

For properly tackling hate crimes in India, some changes are imperative. One is that comprehensive legislation specifically focusing on hate crimes should be enacted, with definitive definitions and serious punishment for criminals. Publicity campaigns should be initiated to raise awareness among the citizens regarding the implications of committing such crimes and about promoting inclusion. Community outreach programs are vital for creating dialogue and understanding between different groups, which can minimize prejudices and biases. Police officials require specialized training to manage hate crime cases efficiently and sensitively so that justice is delivered to victims. Also, the use of technology to track and counter hate speech, particularly on social media, can be very effective discouraging the dissemination of misinformation. Collectively, these steps can set the stage for a more equitable and harmonious society.

Reference

Author

Rakshita Shubhangi

Asian Law College, Noida

HATE CRIMES: HISTORY, TYPES, LEGISLATION, AND FURTHER LEGAL POLICIES

Contact Detail

Follow Us