AUTHOR’S NAME – Devika LS, Second Year, LLB.
INSTITUTION NAME – Government Law College, Kozhikode.
ABSTRACT:
Hate crimes refer to violent or abusive acts committed against individuals or groups based on their religion, caste, ethnicity, sexual orientation, or other identities.[i] Hate crime is neither well defined in the Indian legal framework nor can it be easily reduced to a standard definition due to the myriad forms it can take[ii]. India is a diverse country with a multitude of different religious and ethnic groups. These tensions often lead to violence and hate crimes. Communities can play an important role in addressing hate crimes[iii]. This can be done by creating spaces where people can come together and have open and honest discussions about the issues that divide them. This can also help to build bridges between different communities and foster greater understanding and respect.
INTRODUCTION:
The word ‘Hate’ in Hate crime doesn’t have its usual connotation as in rage, anger, or general dislike but it means a bias, hostility, or prejudice towards a particular group[iv]. This bias can be based on various characteristics, including race, religion, ethnicity, sexual orientation, gender, gender identity, disability, national origin etc. The word ‘crime’ includes violent acts such as Assault, Murder, Vandalism (e.g., graffiti with hate symbols), and Arson, Threats, or intimidation. The significant factor that distinguishes hate crimes from other offenses is that it not only affects the immediate victim but also instills fear within the broader community that shares the victim’s characteristics.
This fear can lead to a breakdown in social cohesion, making communities feel unsafe and unprotected. Thus, recognizing and addressing hate crimes is essential to fostering a sense of belonging and security within diverse communities. Hate crimes often start as minor incidents that can escalate into more severe acts of violence. Understanding this progression is vital for its prevention. The emotional and psychological toll of hate crimes on victims and their communities is profound. Victims may experience long-term trauma, anxiety, and feelings of isolation. This impact extends beyond the individual, affecting the community’s collective mental health.
This article seeks to establish clear definitions around the term “hate crime” differentiating it from related concepts and also the psychological and sociological[v] motivations behind it. The article intends to examine the legal treatment of hate crimes, including the complexities involved in prosecution. It highlights the challenges faced by law enforcement and the judiciary in proving bias motivation, which is often necessary for a conviction.
THE NATURE OF HATE CRIME:
The origin of hate crimes can be traced back to ancient civilizations. One of the earliest examples is from the Roman Empire, during 64AD, the emperor Nero, persecuted millions of people who followed the beliefs of Christianity, as he claimed them the reason for the great fire that destroyed a major portion of Rome. Throughout history, hate crimes have often been state-sanctioned or socially accepted forms of violence. Holocaust during World War II, is one of the notable examples of hate crime, which resulted in the genocide of six million Jews by Nazi’s as a part of ethnic cleansing. However, hate crime as a specific category of criminal conduct was first recognized in the United States of America.[vi]
India has had a long and tortuous history of hate crimes and sectarian mass violence. The country was born in the throngs of the tragic partition in 1947, British India divided into India and Pakistan led to one of the largest mass migrations in history, accompanied by widespread communal violence.[vii] Hindus, Muslims, and Sikhs were targeted based on their religious identities, resulting in an estimated two million deaths.
Caste-based discrimination and violence against Dalits is one of the oldest and most persistent forms of hate crime in India. Caste discrimination is based on the concepts of inferior and superior birth status. Atrocities in the form of violence against Dalits are manifestations of deep-rooted hatred and intolerance that are often directed toward the annihilation of entire Dalit families. Incidents such as the Chundur massacre (1991), Badanavalu killings (1993), Kambalapalli carnage (2000), and Khairlanji incident (2006) highlight the brutality and inhumanity of these crimes.
The 1984 anti-Sikh riots, sparked by the assassination of Prime Minister Indira Gandhi by her Sikh bodyguard, resulted in the deaths and displacement of thousands of Sikhs and left a legacy of trauma and distrust. The 2002 Gujarat riots, triggered by the Godhra train burning incident, led to the deaths of over 1,000 people, mostly Muslims. The riots exposed deep-seated communal tensions and the state’s failure to protect vulnerable minorities.[viii] In recent years, there has been a rise in cow vigilantism and lynching targeting Muslims and Dalits. These incidents have sown fear within minority communities and eroded social cohesion.
REASONS FOR HATE CRIMES IN INDIA:
Social psychological theories suggest that prejudice plays a central role in hate crime perpetration. Prejudice is a preconceived idea or bias held towards a person or group because of their identity. Prejudice can be present in a variety of contexts, including education, the workplace, and society at large.
India is a multicultural nation with a long history of coexisting with other cultures, faiths, and tongues. It is important to comprehend hate crimes and prejudice in India in the context of its social, political, and historical development. It’s true that caste and religion account for the majority of these crimes in India.
Some possible reasons behind hate crimes can be ignorance, lack of education, or lack of exposure to diverse cultures and beliefs. When people are not familiar with others who are different from them, it becomes easier for stereotypes and biases to form. Another factor contributing to hate crime is fear. People may feel threatened by those they perceive as different because it challenges their own sense of identity and security. There is a deep-rooted idea of the Varna system and caste, gender, and religious discrimination prevalent in Indian society, which makes some groups that consider themselves superior unbearable to see the growth and advancement of those whom they see as inferior. This fear can lead individuals or groups to act aggressively against minority communities in an attempt to maintain dominance or control.
Additionally, social conditioning, political ideologies, or religious extremism play a crucial role in fueling hate crimes.
DIFFERENCE BETWEEN CRIME AND HATE CRIME:
Crime and hate crime are two terms that are often used interchangeably, but they have distinct differences.[ix] While both involve illegal activities, hate crimes are motivated by bias or prejudice against a person or group based on characteristics such as race, religion, ethnicity, sexual orientation, gender, or disability. On the other hand, a regular crime is committed for various reasons such as personal gain or revenge. It may be driven by greed or anger towards a specific individual. For example, if someone vandalizes a building, it is a crime. However, if they vandalize a building because it is a place of worship for a particular religion, and their intent is to intimidate or harm people of that religion, it becomes a hate crime.[x]
Hate crimes often have a broader impact, it instills an atmosphere of fear and hostility among the minority community they represent rather than the immediate victims. Hate crimes not only cause physical harm but also aim to intimidate and marginalize certain sections of society.[xi]
LAWS RELATED TO HATE CRIME IN INDIA:
India has recognized the gravity of hate crimes and enacted several laws to address this issue.[xii] However, a specific statute to address hate crimes is still lacking. The Indian Constitution guarantees equality and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth (Article 14). However, the lack of a clear legal definition of hate crimes and the myriad forms they can take make it challenging to address them effectively.
One of the relevant legislations or statutes relating to hate crimes is the Indian Penal Code, of 1860. The Indian Penal Code (IPC) defines hate crimes as any act that is committed with the intention of insulting the modesty of a woman, or with the intention of outraging[xiii] the religious feelings of any person, or with the intention of causing injury, harm, or damage to any person or property, or with the intention of intimidating or coercing any person or a group of people.
Section 153A, IPC prohibits promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.[xiv] while Section 295A, IPC penalizes deliberate and malicious acts intended to outrage religious feelings[xv]. Section 298 deals with uttering words with deliberate intent to wound religious feelings. And section 505(1) and 505(2), prohibits statements conducing to public mischief and promoting enmity, hatred, or ill-will between classes.
Other important legislations include the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which includes provisions for punishment for various hate[xvi] crimes against these communities and provides for special courts for the trial of offenses against SC/ST individuals. Protection of Civil Rights Act, 1955, which aims to end untouchability and prohibits prejudice based on caste. Information Technology (Intermediary Guidelines and Digital Media Ethics Code), 2021 prohibits the dissemination of hate speech and false material online[xvii].
CONCLUSION:
Hate crimes have a broader effect than most other kinds of crime as it include not only the crime’s immediate target but also others like them[xviii]. Hate crimes affect families, communities, and at times, the entire nation[xix]. Hate crime isn’t just physical abuse or violence, and an incident can have a lasting effect on a person. Abuse, name-calling, assault, blackmail, harassment, intimidation, bullying, or exploitation are all forms of hate crime[xx]. This includes abusive comments that are made by phone, text, or through social media.
Nobody should have to live with the fear and anxiety that hate crime can cause. Thus it is critical to report hate crimes not only to show support and get help for victims, but also to send a clear message that the community will not tolerate these kinds of crimes. Reporting hate crimes allows communities and law enforcement to fully understand the scope of the problem in a community and put resources toward preventing and[xxi] addressing attacks based on bias and hate.
[i] Drishti IAS, https://www.drishtiias.com/printpdf/hate-crimes-in-india (last visited Sep. 10, 2024).
[ii] Id. at 1.
[iii] Id. at 1.
[iv] This Vs that, https://thisvsthat.io/bias-vs-prejudice (last visited Sep. 10, 2024).
[v] Jennifer Schweppe, What is a hate crime?, Taylor& Francis (Sep. 10, 2024, 8:00 PM), https://www.tandfonline.com/doi/full/10.1080/23311886.2021.1902643#d1e239.
[vi] Kamban Naidoo, The origins of hate-crime laws, research gate (Sep. 10, 2024, 8:00 PM), https://www.researchgate.net/publication/308134395_The_origins_of_hate-crime_laws.
[vii] Adda247, https://www.adda247.com/upsc-exam/partition-of-india-1947/ (last visited Sep. 10, 2024).
[viii] Samantha Azizi, A Troubling Decline: USCIRF Report And India – OpEd, Eurasus review (Sep. 10, 2024, 8:10 PM), https://www.eurasiareview.com/24052024-a-troubling-decline-uscirf-report-and-india-oped/.
[ix] Aklegal, https://aklegal.in/hate-crime-in-india-and-the-battle-for-equality/ (last visited Sep. 10, 2024).
[x] UC Berkeley, https://cejce.berkeley.edu/report-incident/what-hate-crime (last visited Sep. 10, 2024).
[xi] AK Legal, Supra note 9, at 3.
[xii] AK Legal, Supra note 9, at 3.
[xiii] Harshita gupta, Insulting Modesty of women and Section 354 of the Indian Penal Code, Nickeled & Dimed (Sep. 10, 2024, 8:15 PM), https://nickledanddimed.com/2019/06/30/insulting-modesty-of-women-and-section-354-of-the-indian-penal-code/.
[xiv]Law Dadi, https://www.lawdadi.in/ipc/153a.html (last visited Sep. 10, 2024).
[xv] Bikash, Section 295A IPC: Deliberate and Malicious Acts Impacting Religious Feelings, Capital Vakalat (Sep. 10, 2024, 8:20 PM), https://capitalvakalat.com/blog/section-295a-ipc/.
[xvi] The Scheduled Castes and the Scheduled tribes Act 1989, 3, No. 33, Acts of Parliament, 1989 (India).
[xvii] Indian Kanoon, https://indiankanoon.org/doc/167974121/ (last visited Sep. 10, 2024).
[xviii] Kaitlyn Sill & Paul A. Haskins, Using Research to Improve Hate Crime Reporting and Identification, NIJ (Sep. 10, 2024, 8:20 PM), https://nij.ojp.gov/topics/articles/using-research-improve-hate-crime-reporting-and-identification.
[xix] Jeanine Santucci, A hate crime? Georgia attacks that killed mostly Asian women raise questions of bias, motive, USA Today (Sep. 10, 2024, 8:25 PM), https://www.usatoday.com/story/news/politics/2021/03/18/hate-crime-attacks-georgia-raise-motive-bias-questions/4739328001/.
[xx] University of York, https://www.york.ac.uk/students/help/hate-crime/ (last visited Sep. 10, 2024).
[xxi] Raju Rajagopal, FBI hate crime statistics 2022: US data challenges the ‘Hinduphobia’ narrative, Scroll (Sep. 10, 2024, 8:30 PM), https://scroll.in/article/1058471/fbi-hate-crime-statistics-2022-us-data-challenges-the-hinduphobia-narrative.