HATE CRIMES- THE LAWS RELATED TO THEM

ABSTRACT

India is witnessing hate crimes since the nation was formed. The reason behind such sufferings is different religious beliefs, faith, gender, caste, race, etc. the people of country are emotionally and spiritually connected to their religions and are vulnerable about; which has ultimately converted to the biggest reason for the mobs reacting and revolting against government and commit crimes in order to satisfy their needs and propagate their interests. In order to maintain secularism and peace in the country, law has been developed to safeguard every interest of people. This article is focusing the impact of hate crimes and the laws related to them in Indian Territory.

Key Words: Hate Crimes, Religion, Mob, Revolt, Secularism.

INTRODUCTION

It appears that negative generalizations are driving us to consider others as mediocre and less deserving of regard, along these lines communicating this idea through purposeful publicity loaded up with abhor. The motivation behind why negative generalizations happen is a direct result of the frameworks of mistreatment biased structures, establishments, and standards profoundly installed in the texture of the general public, or when bunch personality is certified, through a differentiation among “us” and “them”. Generalizations are the methods of strengthening a character or an “ism” to give higher personality to “our” bunch over “their”[1] (V).

A hate crime (also known as a bias-motivated crime or bias crime) is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of their membership (or perceived membership) of a certain social group or race.

To determine whether a crime is a hate/bias crime, the reason and instigation behind the act is to be taken into account. Such crimes are always instigated, by hatred of an individual or spirited group against another individual or group out of differences arising due to race, religion, ethnicity, customs, practices and such. It has a mental and emotional effect that extends far beyond the victim.[2]

These attacks are not against any individual, they are meant to act as threat to an entire community by targeting certain individuals belonging to the community. The thought is to scare and cause dread in the psyches of minorities, with a plan to actuate the network to respond and accordingly make a winding of savagery wherein the control is with the despite mongering gatherings of the larger part network.[3] (India is undercounting religious hate crimes by failing to invoke a crucial section of the law)

INDIAN LAWS

Communal crimes are happening in the heat of stereotypical thinking. Various innocent people had lost their lives just because they were of different minor religion. The hatred among the people eventually turns them blind and justice again lost its sanctity.

Section 153A of Indian Penal Code, 1860 says, Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony, which disturbs or is likely to disturb the public tranquility, intending that the participants in such activity are trained to use criminal force or violence is punishable by law, but despite knowing this fact, no legitimate authority enforces it in the utter fear because of which an innocent civilian society suffers.[4]

Hotel Hayat Rabbani, in Jaipur was attacked by a cow-vigilant group, as accused of organizing beef parties; the members of mob proceeded to assault two workers; Police filed FIR under charges of unlawful assembly, causing hurt etc. but not under Section 153A. It is necessary to bring a change because Mr. Rabbani was attacked not because of his hotel but because of his muslim identity. Such occurrences can ingrain dread in the brains of the general public and lead to disharmony.

Legal advisors are isolated over the lawful benefit of squeezing charges under Section 153A in cases that include murder. On a viable level, it probably won’t have a meaningful effect. “Yet, it can have a great deal of effect in cases which don’t prompt homicide and the insightful organization wind up squeezing charges that are less extreme.

Section 153A can have a huge effect even in cases that include extreme offenses “by supplementing different charges with regards to the condemning.

The LGBT community and the people who are discriminated on the basis of their race, sex or any ground do suffer from these a lot. They are unacceptable among the people with completely different mindset and rather than respecting their reality what society does is that they form a mob against them and try to erase them off to make their so called SOCIETY a better to live with peace and dogmatic dignity.

Most legal advisors concur that the law is a critical political bellwether. The law characterizes the offense and the state characterizes the wrongdoer. The previously mentioned case qualifies as an act biased to the upkeep of amicability. In any case, with regards to Section 153A of the IPC, the state perpetually utilizes the law as a political weapon to stifle and subdue anyone testing the political world-class and strategies and activities of the state.[5] (India is undercounting religious hate crimes by failing to invoke a crucial section of the law)

CONCLUSION

The rate of hate crimes are increasing in this so called secular scenario, the law is the vital regulating force in the territory but it has become the pseudo-authoritative body as political interference drive the ultimate affairs of the country. The minorities are always complaining about their vital rights and the rest focus on the propagation of their beliefs.

The societal acceptance that they are living in a ‘secular’ country and every religion must be respected equally and every person has complete rights to practice and propagate any religion. Despite the context of religion, people are the victim of hate crimes if they belong to LGBT community, of black skin or supporter of any particular community. This is something which is instigated by a group of persons against the ones who are having contrasting beliefs and faiths.

The only remedy for this is with the administration and lawyers who are the final destination for the person to have an access to justice. If the communal hate crimes are treated as hate crimes only, there can be a difference.

The concept of punishment depicts the idea of restraining others to commit the same. It is not completely remedial but it must create a spark of fear in the mind of such mobs to limit themselves and respect laws, its sanctity and let the society in peace.

BIBLIOGRAPHY


[1] Shivam V, A law against lynching is an idea whose time has come, The Print, https://theprint.in/opinion/a-law-against-lynching-is-an-idea-whose-time-has-come/285339/

[2]  Pratyush Pandey, Hate crimes: Their nature and , Law Times Journal, http://lawtimesjournal.in/hate-crimes-their-nature-and-laws-connected-with-them/.

[3] India is undercounting religious hate crimes by failing to invoke a crucial section of the law, Scroll.in, https://scroll.in/article/863176/2017-india-is-undercounting-religious-hate-crimes-by-not-invoking-a-crucial-section-of-the-law.

[4] Section 153A, Indian Penal Code, 1860, https://www.ncib.in/pdf/indian-penal-code.pdf.

[5] India is undercounting religious hate crimes by failing to invoke a crucial section of the law, Scroll.in, https://scroll.in/article/863176/2017-india-is-undercounting-religious-hate-crimes-by-not-invoking-a-crucial-section-of-the-law.

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