“Access to Justice is a part and parcel of the right to life and no citizens can be denied of it”

– Anita Kushwaha v. Pushap Sudan (2016)

ABSTRACT

Hate crimes against religious and ethnic minorities in India have been on the rise in recent years, leading to an urgent need to examine the role of the criminal justice system in addressing this issue. This research paper aims to explore the various ways in which the criminal justice system can play a role in addressing hate crimes, including through effective investigation, prosecution, and support for victims.

The paper will examine the history and current state of hate crimes against minorities in India, and highlight some of the most recent cases. It will also identify the challenges and limitations of the criminal justice system in addressing these crimes, such as lack of resources and political interference.

The paper will draw on a range of primary and secondary sources, including legal cases, government reports, and academic studies, to provide a comprehensive analysis of the criminal justice system’s role in addressing hate crimes against minorities in India. It will also provide recommendations for improving the effectiveness of the criminal justice system in addressing hate crimes, such as through increased training for law enforcement officials and greater collaboration between different agencies.

Ultimately, the paper aims to contribute to a better understanding of the complex issues surrounding hate crimes against minorities in India and the ways in which the criminal justice system can play a role in addressing this pressing issue.

KEYWORDS

Hate Crime, Hate Speech, Communal Violence, Criminal Justice System, Minorities, Discrimination.

INTRODUCTION

The Indian Justice system is a complex and multifaceted system that is responsible for upholding law and protecting the rights of citizens. The system has worked to address social evils that prevails in the society; one of them being hate crime against ethnic and religious minorities. In India the minorities have been marginalized since the longest time and multiple factors have contributed to the present situations, starting with the early days of the British Raj for over 200 years, there were number of massacres that were usually motivated by religious hatred, and they helped create a climate of fear and mistrust between the communities. The prevalence of caste system has also affected the current issue, the caste-based hierarchy has divided the people further leading to discrimination and, violence in some cases.

India is a diverse country with a wide range of religious, ethnic, and linguistic groups. In the recent years headlines are made showing the communal violence or hate crimes towards the minority community. There are number of factors that contribute to hate crimes in India. One factor is the country’s long history of ethnic and religious conflict, the spread of social media, and the increasing polarization of Indian society are also the contributing factors.

Despite the growing intolerance towards the minorities in India there have been efforts made by the government to curb and control the crimes towards them.

The government has taken steps to improve the way hate crimes are handled, by passing the Prevention of Communal Violence Act (2020), which is designed to prevent and punish hate crimes, Established the National Violence Commission for Minorities (NCM), which is responsible for protecting the rights of minorities, including the right to be free from hate crimes, there are many other such policies and laws passed by the government to protect the interest of the minority community in India.[1][AP1] 

There have been efforts by civil society groups and activists to raise awareness about hate crimes and push for legal and policy changes to address the issue. Despite these efforts, hate crimes continue to be a significant problem in India, and there is still much work to be done to

ensure the safety and security of minority communities in the country. With continued effort, India can create a more just and inclusive society where everyone feels safe and respected.

RESEARCH METHODOLOGY

The research methodology for this paper involves a comprehensive review of existing literature on hate crimes and the criminal justice system in India. This includes academic research articles, government reports, and news articles. The data collection process will involve a combination of desk research and field research. Desk research will involve reviewing existing literature on the topic, including academic journals, government reports, and news articles. Field research will involve conducting interviews with experts in the field, such as academics, human rights activists, and representatives from non-governmental organizations (NGOs).

REVIEW OF LITERATURE

Hate crimes against religious and ethnic minorities in India have been a recurring problem for decades. Several studies have explored the historical context, nature, and impact of such crimes, and the role of the criminal justice system in addressing them. This literature review summarizes the key findings of existing research on hate crimes and the criminal justice system in India.

Historical Context of Hate Crime and Current State of Hate Crime

The literature on hate crimes in India highlights the historical context of such crimes. India has a long history of inter-group conflicts, including religious and caste-based violence. The partition of India in 1947 resulted in large-scale communal violence between Hindus and Muslims. The rise of Hindutva politics in the 1980s and 1990s further exacerbated tensions between different religious groups in India.

The literature also provides a detailed analysis of the current state of hate crimes in India. According to the National Crime Records Bureau (NCRB), there has been a significant increase in hate crimes in recent years. The NCRB data shows that in 2019, there were 7,103 hate crimes reported in India, including 2,482 crimes against religious minorities and 1,608 crimes against

Dalits. The data also suggests that the majority of hate crimes are committed by members of dominant groups against marginalized communities.

To first understand the role of criminal justice system in addressing hate crimes in India, it is important to understand what are types of Hate crimes the minorities faces in Indian context, the most common types of hate crimes include Violence, which includes physical assault, mob lynching; Hate Speech, this includes verbal attacks on particular group of people to promote hatred against them; Harassment, this includes verbal abuse and threatening; Discrimination or Property Damage, to vandalize homes, religious sites.

Role of Law Enforcement Agencies in Addressing Hate Crime Against Religious and Ethnic Minorities in India:

The paper examines the role of law enforcement agencies, including the police and other investigating agencies, in addressing hate crimes. It discusses the challenges faced by these agencies, such as the lack of training and resources, bias and discrimination, and political pressure. It also highlights the need for effective investigation, prosecution, and punishment of hate crimes.

Role of Judiciary in Addressing Hate Crime Against Religious and Ethnic Minorites in India:

The paper examines the role of the judiciary in addressing hate crimes. It discusses the landmark judgments and legal precedents that have been established in hate crime cases. It also highlights the challenges faced by the judiciary, such as the long delays in the legal process, the need for better judicial training on hate crimes, and the need for consistent application of the law.

Role of Civil Society and Media in Addressing Hate Crimes Against Religious and Ethnic Minorites in India:

The paper examines the role of civil society and media in addressing hate crimes. It discusses the role of NGOs, human rights activists, and media in raising awareness

about hate crimes, providing support to victims, and advocating for legal reforms. It also highlights the challenges faced by civil society and media, such as the lack of funding and resources and the need for better coordination and collaboration.

Legal Framework In Indian Judicial System For Hate Crimes

The Indian judicial system at present does not have a definite law that defines and punishes hate crimes. However, there are a number of laws that can be used to prosecute hate crimes, which are:

• Section 153A of the Indian Penal Code, 1860[2]: This section makes it a crime to promote disharmony or enmity between different groups based on religion, race, caste, language, or place of birth.

Mohammed Zubair v. State of NCT of Delhi, 2022 SCC OnLine SC 893[3]

Mohammed Zubair, was arrested in Delhi for allegedly making hate speech against Muslims on social media, on May 2022. The man is a co-founder of the Alt News fact- checking website. He was detained when a Hindu right-wing organization lodged a complaint against him. The situation is viewed as a test case for India’s freedom of expression.

• Section 295A of the IPC[4]: this is section makes it a crime to outrage religious feelings of any class deliberately and maliciously by words, either spoked or written, or by signs or by visible representations or by any imputations, innuendos, or insinuations.

In February 2022, a group of people were arrested in Delhi for vandalizing a church. The group of people has shouted slogans and made inflammatory speeches against Christian. They were accused of violating Section 295A of the IPC, which forbids intentional and malicious conduct meant to offend any group’s religious sentiment by disparaging its religious beliefs.

• [5]: [AP2] this section makes it a crime to make statement with the intention of causing, or which is likely to cause, fear or alarm to the public, or to any

section of the public, or to any person, or to cause, or which is likely to cause, any person to commit an offence against the State or against the public tranquility.

• [6]: [AP3] this section makes it crime to make statement with the intention of inciting, or which is likely to incite any class or community of persons to commit any offence against any other class or community of persons.

In addition to these laws, there are several other laws that can be used to prosecute hate crimes, such as the Prevention of Communal Violence Act, 2005[7], and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989[8].[AP4] 

The Thin Line Between Hate Speech and Free Speech

Free speech is the right to express one’s opinion without censorship or restraint, it is a fundamental right under Article 19 of The Constitution of India[9]. Hate speech is speech that attacks a person or group based on attributes such as race, religion, ethnic origin, national origin, sex, sexual orientation, or gender identity.

The line between free speech and hate speech is often blurred. Some people believe that all speech should be protected, even if it is offensive or hateful. Others believe that hate speech should be restricted in order to protect vulnerable groups from harm.

In the constitution of India there are article which are debated over for its peacekeeping value it is providing, such as Section 295A, this section is seen as both beneficial and harmful. On the one hand, these sections can be seen as protecting religious freedom and preventing violence and hatred. On the other hand, these sections can also be seen as restricting free speech and limiting the right to express dissent.[10]

Challenges Faced by the Central Criminal Justice System

The literature on hate crimes in India also highlights the challenges faced by the criminal justice system in addressing such crimes. One of the key challenges is the lack of political will to address hate crimes. The criminal justice system is often influenced by political considerations, which can result in biased investigations and inadequate prosecution of perpetrators. Other

challenges include a lack of resources and training for law enforcement agencies and a lack of awareness among the public about hate crimes

Provisions Made in India to Protect Communities from Hate Crime:

• [11]:[AP5]  has a number of powers, including the power to investigate complaints of discrimination and violence against minorities; the power to recommend measures to protect the interests of minorities; and the power to advise the government on matters relating to minorities.

The Dadri Lynching Case[12]: The NCM investigated the 2015 Dadri lynching, in which a Muslim man was killed by a mob after being accused of storing beef in his home. The NCM found that the lynching was a result of religious intolerance, and it recommended that the government take steps to address the issue of religious intolerance in India.

• [13]: [AP6] has several powers, including the power to investigate complaints of human rights violations; the power to recommend measures to protect human rights; and the power to advise the government on matters relating to human rights.

The 2022 Assam detention camps[14]:[AP7]  The NCM investigated the 2022 Assam detention camps, in which over 1.9 million people, mostly Muslims, have been detained under the National Register of Citizens (NRC). The NCM found that the detention camps were a violation of human rights, and it recommended that the government release the detainees.

Muzaffarnagar riots[15]: The NHRC took cognizance of the communal violence that took place in Muzaffarnagar, Uttar Pradesh, in 2013. The commission recommended compensation for the victims and action against the perpetrators.

The Impact on Ethnic and Religious Minorities of the Provisions Made by GOI

There is a mixed impact on Indian ethnic and religious minority communities of the provisions and laws made by the government of India. On the one hand, the provisions have helped to

raise awareness of the issue of hate crimes and to provide some protection for victims. On the other hand, the provisions have been criticized for being inadequate and for not doing enough to address the root causes of hate crimes.

One of the main criticisms of the government provisions is that they are too focused on the criminal justice system. While it is important to prosecute hate crimes, it is also important to address the underlying causes of hate crimes, such as prejudice and discrimination. The government provisions do not do enough to address these underlying causes[16].

Another criticism of the government provisions is that they are not adequately funded. This means that there are not enough resources available to implement the provisions effectively. As a result, many victims of hate crimes do not receive the help and support that they need[17].

Despite these criticisms, the government provisions have had some positive impact. They have helped to raise awareness of the issue of hate crimes and to provide some protection for victims. However, more needs to be done to address the root causes of hate crimes and to ensure that victims receive the help and support that they need[18].

[AP8] 

Method to Address Hate Crime Against Religious and Ethnic Minorities in India

• Enhance the capacity of the criminal justice system to investigate and prosecute hate crimes. This can be done by providing training to law enforcement officers on hate crimes, by increasing the resources available to investigate and prosecute hate crimes, and by creating specialized hate crime units within law enforcement agencies.
• Increase public awareness of hate crimes and the resources available to victims. This can be done through public education campaigns, by working with community organizations, and by providing support services to victims of hate crimes.
• Challenge hate speech and promote tolerance and understanding. This can be done through education, by working with the media, and by promoting dialogue and understanding between different groups.
• Address the root causes of hate crimes, such as poverty, inequality, and discrimination. This can be done through social and economic development programs, by promoting education and employment opportunities, and by addressing discrimination in all its forms.

Cases of Religious and Ethnic Hate Crimes in India

• [19]: [AP9] A group of North Eastern people were attacked in Kolkata. The attack left one person dead and several others injured.
• Mob Lynching of Tabrez Ansari[20]: In June 2019, Tabrez Ansari, a 24-year-old Muslim man, was beaten to death by a mob in Jharkhand on suspicion of theft. The incident was captured on video and sparked outrage across the country.
• : [AP10] There were a series of communal clashes in Hyderabad, India, that resulted in the deaths of two people and the injuries of several others. The clashes were sparked by the alleged desecration of a Hindu temple, and were widely seen as being motivated by religious hatred. The police have arrested several people in connection with the clashes, and the case is still ongoing.
• Communal Clashes in Bengaluru, August 2020[21]: Violent clashes broke out between Hindus and Muslims in Bengaluru, leading to the death of three people and injuring many. The clashes were triggered by a derogatory social media post about Prophet Mohammed.

SUGGESTIONS & CONCLUSION

The criminal justice system has a vital role to play in addressing hate crimes against religious and ethnic minorities in India. Hate crimes are a serious threat to the rule of law and to the safety and security of all citizens. The criminal justice system must be equipped to investigate, prosecute, and punish hate crimes effectively.

It is important to note that the criminal justice system is not the only solution to the problem of hate crimes. A comprehensive approach is needed that addresses the root causes of hate crimes, as well as the immediate needs of victims. By working together, we can create a more just and inclusive society where everyone is safe and respected.

he criminal justice system is not the only solution to the problem of hate crimes. A comprehensive approach is needed that addresses the root causes of hate crimes, as well as the immediate needs of victims. By working together, we can create a more just and inclusive

society where everyone is safe and respected. There are number of ways that the criminal justice system can be strengthened to address hate crimes, these may include Providing training to law enforcement officers on hate crimes. This training should cover the legal definition of hate crimes, the different types of hate crimes, and the best practices for investigating and prosecuting hate crimes, increasing the resources available to investigate and prosecute hate crimes. This includes providing law enforcement agencies with the funding and personnel they need to effectively investigate and prosecute hate crimes, or increasing public awareness of hate crimes and the resources available to victims. This can be done through public education campaigns, by working with community organizations, and by providing support services to victims of hate crimes.

AuthorVasavi Trivedi

Lloyd Law College

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[1] Human Rights Watch, “India: Government Policies, Actions Target Minorities” (February 19, 2021).

[2] Indian Penal Code 1860 § 143A

[3] Mohd. Zubair v. State (NCT of Delhi), 2022 SCC OnLine SC 893

[4] Indian Penal Code 1860 § 295A

[5] Indian Penal Code 1860 § 505(1)

5 Article 19, Constitution of India, 1950.

[7] Prevention of Communal Violence Act, 2002.

[8] Scheduled Tribes (Prevention of Atrocities) Act, 1989.

[9] India Const. art. 19.

[10] Human Rights Watch, “India: Government Policies, Actions Target Minorities” (February 19, 2021).

[11] The National Commission for Minorities Act, 1992.

[12] Uttar Pradesh v. Mohammad Akhlaq and Others, Case No. S.T. No. 44/2016.

[13] The National Human Rights Commission, 1993 (India)

[14] The Assam Tribune, “Assam Detention Camps: A Human Tragedy” (March 8, 2022).

[15] Government of Uttar Pradesh “Report of the Inquiry Commission on the Muzaffarnagar Riots.” (November 8, 2013).

[16] Human Rights Watch, India: Government Policies, Actions Target Minorities” (February 19, 2021)

[17] Minority Rights Group, “India”

[18] Human Rights Watch, India: Government Policies, Actions Target Minorities” (February 19, 2021)

[19] Sujit Kumar Bose v. State of W.B., 2018 SCC OnLine Cal 12030.

[20] State of Jharkhand v. 11 accused, Criminal Appeal No. 2020/0611, Additional Sessions Judge, Jamshedpur, Jharkhand.

[21] State of Karnataka v. Haneef (Bengaluru Riots Case), CC No. 747/2020.

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