If you ignore hate crime, it will come on to you one day: Supreme Court

(Rajagopal, 2023)

ABSTRACT

In India, hate crime and violence are rising national problem, threatening social unity and human rights. In recent years, there have been concerns over the increasing incidence of hate speech, online harassment, and targeted assault against religious minorities. Discrimination, prejudice, and social exclusion affects the daily lives and overall well-being of marginalized communities. Occurrences of harassment and assault have raised the alarm, demanding prompt action.

Hate crimes pose serious problems to social cohesion and human rights in India, a country recognized for its diverse and multicultural society. This paper takes a broad look at the multifaceted subject of hate crime and violence, delving into the core causes, prevalent forms, impact on communities, and actions from law enforcement and society. The findings demonstrate the difficulties faced by religious minorities and the negative impact of hate crimes on targeted groups. Religious conflicts, economic inequities, political agendas, and weak legal procedures are identified as major factors to hate crimes.

As a result, the author has recommended suggestive methods to effectively reduce hate crimes, which include comprehensive hate crime legislation, community engagement, law enforcement sensitization, responsible media reporting, and social media regulation. These approaches provide a road map for creating a more inclusive and harmonious society.

The government must take important efforts toward avoiding and combatting hate crimes by recognizing the intricacies of hate crimes and implementing stringent legislation. The recommended techniques attempt to build an environment of tolerance, respect, and unity in which diversity is valued and everyone’s rights are respected.

In conclusion, this research paper aims to make an important contribution to the conversation around hate crime and violence in India by providing an in-depth understanding of the issue’s complexities. The study aims to pave the road for a more inclusive and peaceful society by bridging the gap between research and actual solutions. The findings and recommendations presented calls for government bodies, civil society organizations, law enforcement agencies, and the general public to work together to address hate crimes and work toward a future in which diversity is embraced, discrimination is eradicated, and all groups can thrive in an environment of mutual respect and harmony.

KEY WORDS

Hate speech, Discrimination, Communal violence, Religious minorities, Justice, Laws.

INTRODUCTION

India has an enormous caste, religion, ethnicity diversity. However, this diversity has also given rise to divisions, discrimination, and violence. Religious and caste-based hate crimes have been an issue of concern in India for decades. Religious and communal tensions, caste- based discrimination and regional conflicts often accelerates to hate crimes. These crimes impacts not only the victims but also the community as a whole and creates a fearful environment that fosters distrust in the authorities for failure to prevent the crime

In India, there is no specific legislation for hate nor has it been described properly but the most popular definition is as follow “Hate crimes refer to violent or abusive acts committed against individuals or groups based on their religion, caste, ethnicity, sexual orientation, or other identities.” These crimes involve acts of threats, attacks on minority group, violence and they target individuals or groups who are perceived as being different or marginalized. Today, hate crime is not only limited to discrimination mob lynching, group attacks but it has also included itself hate speeches. The motive behind hate crime is usually hatred against an individual or lower-caste communities, race, ethnicity, religion etc.

This paper seeks to study the different kinds of hate crime in India, what is the motives of these crimes, and what are the laws governing this issue. It provides an overview of various forms of crime and violence that has occurred against religious minorities and lower-caste groups. It aims to analyze the various aspects hate crime and violence in India, and provide a comprehensive and extensive understanding of this issue.

In the face of India’s great cultural diversity, the rising rate of hate crime and violence serves as a sharp reminder of the difficulties that a multicultural society faces. As our country works to uphold its values of unity and respect for everyone, it becomes critical to delve into the complexities of hate crimes, understand their history, and develop effective measures to prevent them. This paper seeks to shed light on the numerous aspects of hate crime in India, with the goal of paving the way for tolerance, inclusivity, and peaceful coexistence among its diverse population.

RESEARCH METHODOLOGY

This research paper is descriptive in nature and is mainly based on hate crime against religious minorities and marginalized communities. The research has been conducted using primary source (Indian Constitution) (Indian Penal Code 1860); secondary source of information such as research articles, newspaper articles, law journals, history and internet website is used.

What is hate crime ?

There is no comprehensive legislation that described hate crime but the most widely accepted definition is ‘Hate crime is a prejudice-motivated act of violence against certain individual and groups because they belong to certain race, religion, caste, ethnicity, sexual orientation etc.’

What are the major factors responsible for Hate crime ?

1. Religion – India has a diverse population with various caste, ethnicity, and religion. While this can be a strengthening source, it can also lead to tension and conflicts among the citizens where religion and differences are pronounced. Citizens following their religious practices can also lead to misunderstanding and conflicts among one and another. Religious hate crime are directed towards Muslims, Christian and Sikhs.

• Caste-Based Tension – India has a deep rooted history of conflicts due to caste-based differences, social hierarchy. Lower-caste groups are treated with bias and prejudice on basic aspects of daily life like using public services, interacting with upper caste, access to public restroom, and so on. Caste-based and communal conflicts are aim towards marginalized communities like SC, ST, OBC, etc.

• Political Motivation – Hate speech and violence are used as tool to gain votes during election. Sometimes hate crimes are politically motivated when parties use caste and religion to create conflicts and violence for electoral gains.

• Weak Legal framework – There is an absence of stringent legislation has specifically deals with hate crime and violence. It hinders the prosecution and fails to provide the victims fair justice. The lack of proper legislation creates room for the offender to get away with punishments for their crimes.

• Lack of unity – Hate crime can only grow in an environment where there is lack of unity among different communities. Creating a national sense of oneness and eliminating caste, religious and ethnic differences can help combat hate crime.

• Illiteracy – Literacy helps in overall development of a person. In India 23% of the population is still illiterate which prevents the development of tolerance, patience and understanding in them. (Samajho, 2022)

• Social Media, misinformation – The misuse of social media to spread hate speech and incite violence has been a significant concern. Online platform can increase hate that can lead to real- life conflicts and attacks. Even irresponsible media reporting can contribute to these hate crimes. Media should play a fair role in shaping public opinion instead of escalating the issue.

What are the current instances of hate crimes in India ?

In a project by The Wire’s hate crimes and hate speech were monitored across six north Indian states since October 2021, The Wire’s has quantified at least 89 instances of reported hate crimes and hate speeches across four months in the lead up to the 2022 assembly elections. These incidents mostly took place across MP, UP, Bihar, Haryana and Uttarakhand.

Over half of these incidents took place in October, all of them were against Muslims, with 29 hate crimes occurring in the festive season alone. November saw less hate crimes, but there was an introduction of a term: ‘thook jihad’, or ‘spit jihad’ which was used to harass Muslims. In December 20 incident were reported and on Christmas Eve and Christmas Day,

there were six incidents of Hindutva groups vandalising churches, interrupting events, and in one case threatening a school against ‘forcing children to dress like Santa’. January saw a decrease in the number of hate crimes reported. As voting began, the political realm reached a fever pitch, with the majority of 12 instances occurring in electoral speech. (Barton, 2022)

One of the most recent hate crimes against religious minorities occurred on July 31st, when a Railway Protection Force constable shot and killed his senior officer and three passengers on board. The remorseless accused is seen in a video footage standing alongside a blood-soaked victim and is heard saying: (They operate from Pakistan… their bosses are there… If you want to vote, if you want to live in India, then I say, Modi and Yogi, these are the two, and your Thackeray). (Hate crime on train, 2023)

What are the laws related to hate crime ?

Constitution guarantees equality and prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth, (Article 14) but despite this, hate crimes remain a persistent problem in the country. (Placeholder2)

There is no comprehensive legislation that defines hate crime. However, Hate speeches are dealt under IPC

S153A talks about promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony”

S153B talks about makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India…

S295A lays down the punishment for the deliberate and malicious acts that are intended to outrage religious feelings of any class by insulting its religion or religious beliefs

S298 criminalizes “uttering words, etc., with deliberate intent to wound religious feelings.”

S505 (1) Whoever makes, publishes or circulates any statement or report containing rumor or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred …

S505 (2) talks about Statements creating or promoting enmity, hatred or ill will between classes

These sections declares that word, spoken or written, that promotes disharmony, hatred, or insults on basis of religion, ethnicity, culture, language, region, caste, community, race etc., is punishable under law.

REVIEW OF LITERATURE

The caste system was a fundamental aspect of traditional Indian society, with the Brahmins at the top, followed by the Kshatriyas, Vaishyas, and Shudras. Outside of this hierarchy were

the “Dalits” (previously referred as “untouchables”), who were regarded to be outside of the caste system entirely.

For centuries, the caste system has been a cause of prejudice and inequalities in India. Lower- caste communities have historically endured violence and discrimination. The struggle for social justice and equality for marginalized group is ongoing, with hate crimes frequently motivated by caste prejudice. The stringent adoption of the caste system over the centuries has resulted in the exploitation and marginalization of lower-caste groups. They had limited access to education, economic prospects, and social mobility, which created a vicious cycle of poverty and exclusion from society.

While India has a tradition of tolerance and coexistence, it has also experienced periods where disputes were driven by religious, communal, and caste-based differences. These conflicts have occasionally ended in violent occurrences, which have left a lasting impact on impacted communities and raised concerns about minorities’ safety and rights.

During India’s pre-independence period, religious tensions frequently escalated into violence. The partition of British India in 1947, which resulted in the formation of India and Pakistan, is a grim chapter in Indian history. Religious minorities, particularly Muslims, Christians and Sikhs, suffered greatly as a result of the communal violence that brought about partition. This scars has left an indelible mark on religious relations and laid the groundwork for future communal conflicts. Following independence, India desired to be a secular and inclusive nation that respected its citizens varied religious identities. However, this ideal has encountered difficulties over the years.

The historical context further emphasizes the importance of establishing an adequate legal framework to address hate crimes against religious minorities and lower caste groups. The lack of explicit hate crime laws has long been a source of contention, prompting requests for broad legislation that identifies and addresses the discriminatory reasons behind these attacks. We can establish certain initiatives to avoid such atrocities, provide justice for victims, and foster an environment of respect, tolerance, and religious harmony.

Cases of Hate crime against religious minorities and lower caste communities

The ‘Religious Minorities in India’ report released by lawyer Kawalpreet Kaur records that 294 cases of hate crimes against Christians, Muslims and Sikhs were recorded in India in 2021. Of these, the majority of crimes (192) were recorded against Muslims, 95 against Christians and seven against Sikhs. (Pal, 2022)

As per the statistics provided in the NCRB report, atrocities/Crime against Scheduled Castes have increased by 1.2% in 2021 (50,900) over 2020 (50,291 cases).

Uttar Pradesh (13,146 cases) reported the highest number of cases of atrocities against Scheduled Castes (SCs) accounting for 25.82% followed by Rajasthan with 14.7% (7,524) and Madhya Pradesh with 14.1% (7,214) during 2021. The next two states in the list are Bihar accounting for 11.4% (5,842) and Odisha 4.5% (2,327). The above top five states reported 70.8% of cases of atrocities against Scheduled Castes.

Furthermore, as per the report, Atrocities/Crime against Scheduled Tribes have increased by 6.4% in 2021 (8,802 cases) over 2020 (8,272 cases). (CJP, 2023)

SUGGESTIONS

1. Strengthen Legal framework – The government should enforce a comprehensive legislation that addresses hate crime. The law should clearly define hate crime and encompass its various forms including threats, online harassments, and vandalism, physical and verbal abuse. There should be enhanced penalties when the caused are proven guilty.

• Media/social media regulation – Balancing freedom of speech with prevention of hate speech can be difficult but is necessary. Extremist content and hate speech can rapidly spread online and cause chaos. Government needs to establish community guidelines that explicitly prohibits hate speech, incitement to violence and harassment.

• Political Accountability – Political leaders should be held accountable for spreading hate speech and inciting violence. There is a need to implement code of conduct that explicitly discourages hate speech, set consequences for their actions.

• Intergroup dialogues – The authorities should organize group dialogues for the people from diverse communities so that they can discuss common issues, experiences and opinion which help develop a bridge of understanding between different communities.

• Monitor and report – There should be a mechanism for collection and storing data to prevent crime. This data is essential to monitor potential planned attacks, and creating systems for comprehensive digital data gathering and reporting of hate crimes and community violence in order to detect patterns, possible attack planning, and keeping tabs on the primary instigator.

• Sensitization of Law Enforcement: Conducting regular training and sensitization programs for law enforcement personnel to deal with hate crimes and communal violence in a fair and unbiased manner.

• Fast-Track Courts: Establishing a fast track court to ensure that trials are quicker, justice is delivered as soon as possible, and criminals are punished for their conduct.

• Strict Liability: Holding law enforcement and administrative bodies, as well

as organizations, accountable for their conduct or silence during community violent incidents.

CONCLUSION

In conclusion, the issue of violence and hate crimes in India is a serious issue that needs everyone in society to work together to address right away. Hate crimes represents a deeply concerning issue that threatens human rights, social harmony and diversity of our nation.

This paper involves extensive research that has shown the intricate interplay of factors, including religious and ethnic diversity, community conflicts, economic inequities, political agendas, and the absence of effective legal remedies, which contribute to the persistence of hate crimes.

The suggestive methods presented in the paper provide a proper road map for preventing hate crimes and fostering a society that is more inclusive and harmonious. It is important for enacting particular hate crime legislation because it establishes a clear legal framework for dealing with these crimes, ensures that offenders will face just punishments, and promotes a culture of accountability.

Education and social engagement play a vital role in promoting empathy, tolerance, and understanding among different groups. We can provide the foundation for a time in the future when differences are valued rather than stigmatized by funding educational programs which foster unity in diversity.

However, the successful outcome of these efforts is dependent on the dedication and coordination of government, organizations, law enforcement, the media, and every citizen in the country. We can overcome the difficulties posed by hate crimes and build a better future where everyone can live free from prejudice, violence, and fear by joining our collective efforts and appreciating the value of a diverse and united nation. In doing so, we will help India realize its true potential as a thriving and peaceful multicultural society.

Ultimately, India can establish an environment where diversity are embraced, discrimination is eliminated, and every person can thrive without being afraid of bias-motivated violence by implementing the suggested solutions into practice and being firm in the goal of a hate-free society. The nation as a whole will benefit from this joint effort, which will also reinforce the framework of society and pave the path for a more peaceful and prosperous future by defending the rights of marginalized communities

Sana Sayed

University of Mumbai Law Academy

REFERENCES

Websites and articles used for this paper

DrishtIAS

https://www.drishtiias.com/daily-updates/daily-news-analysis/hate-crimes-in-india.

Wikipedia

https://en.wikipedia.org/wiki/Religious_violence_in_Indiapenal Code 1860 Samajho

https://samajho.com/upsc/how-can-hate-speech-be-countered-in-india/.

The Wire

https://thewire.in/rights/hate-crimes-minorities-india-cmri- report#:~:text=In%20this%20chapter%2C%20the%20report,Christians%20and%20seven%2 0against%20Sikhs.

CJP

https://cjp.org.in/2022-a-look-back-at-hate-crimes-against-dalits-and-adivasis/.

TribuneIndia

https://www.tribuneindia.com/news/editorials/hate-crime-on-train-531135 The Wire

https://thewire.in/communalism/89-instances-of-hate-crimes-hate-speech-across-six-north- indian-states-in-four-months