Hinduism or Santana dharma is based on the very idea of love and respect for everyone regardless of the community to which they belong. Renowned philosophers like Swami Vivekanandaalso preached about secularism. But what we see in the world today, especially in India is the apotheosis of this word. Human beings are social culture and are meant to love and deal with each other with empathy but the social trajectory of our times is building as such that even in times of a scarcity of basic necessities such as food , shelter, clothing some people are busy creating a hostile environment for certain communities. Hate has taken the shape of extremism, communalism, violence and what not. Barely was the ink dry of our constitutional fathers laying down the principles of equality, fraternity, liberty we are here to address a new issue called ‘hate crimes’

What are hate crimes and why are they in the headlines of every news channel? Hate crimes are incredibly disturbing offences that go against societal equality and coherence. Daughters are being raped, harassed and burnt or either made to shut their mouths if they are a victim of such crimes just because they belong to a community which occupies a ‘lower’ position in the society. While talking about hate crimes in detail, this article will examine the Indian legal system’s approach to dealing with hate crimes, including its definition, legal requirements, punishments, and difficulties.

Hate crimes are not specifically defined by legislation in India. According to Oxford Languages , it is defined as “a crime, typically one involving violence, that is motivated by prejudice on the basis of ethnicity, religion, sexual orientation, or similar grounds.a crime, typically one involving violence, that is motivated by prejudice on the basis of ethnicity, religion, sexual orientation, or similar grounds.a crime, typically one involving violence, that is motivated by prejudice on the basis of ethnicity, religion, sexual orientation, or similar grounds.a crime, typically one involving violence, that is motivated by prejudice on the basis of ethnicity, religion, sexual orientation, or similar grounds.” In layman’s terms, these are criminal acts committed against individuals or groups because of their religion, caste, race, ethnicity, language, sexual orientation, gender identity, or any other protected trait. They often involve violence, harassment, or intimidation and are motivated by prejudice, bias, or hatred towards the targeted community or individual.

The ‘hate’ in hate crimes doesn’t necessarily mean anger, frustration, jealousy or other negative feelings but encompasses a wider range of feelings such as bias or prejudice against a community. For example, just because A belongs to a particular community B presumes him to be a terrorist. Hate crimes are deleterious for societal health. Imagine waking up and walking your kids to their school with a certainty that nothing can go wrong in the way. And now imagine a situation completely opposite where you do not know when you and your kids can be attacked on their way to school just because of who you are .This is the brutal picture of hate crimes and a sad reality in India.

We all must have heard the name ‘The diary of Anne Frank’. Does it ring any bells to you?  Anne, a Jewish kid described about the atrocities she had to face while she was in hiding in Amsterdam. Hate crime is not a recent phenomena; it has existed for centuries. For example, The Holocaust in Germanyprovides a recent illustration of hate crime. The people belonging to the Jewish category were killed so brutally that the horrors of these killings, atrocities are still clearly present in the minds of Jewish people. The religious minority of Jews faced legal action. This holocaust took place because of Anti-Semitism which was the idea that Germans were the “superior” race and Jews were the “inferior” group.

One such instance in India is the discrimination against the minority Hindu Kashmiri Pandits in India which was depicted in a film called ‘Kashmiri Files ’. For the people who originally belonged to the state, Kashmir became a living hell because of the Muslim predominance there. Pandits from Kashmir were given the option to either leave Kashmir or die. During that time, countless Kashmiri pandits died. The Kashmiri Pandits left in large numbers. Overnight, millions of people fled for their lives. Other examples include the 2002 Godhra riots case (for which PM Modi recently got a clean chit in June 2022) and the 1984 anti-sikh riots.

According to a multi-organization research conducted by FactChecker, the number of hate crimes driven by religious bias increased to 93 in 2018, a decade-high.  Some factors could be:

• Choking difference of opinions: In Indian families, it is generally a practice to stop the children and the young from fostering a different opinion and not thinking in the traditional way and for embracing a different faith. Our own laws of inheritance are an example of this. Until the introduction of The Caste Disabilities Removal act, 1850 the convertor was disqualified from inheriting the property.

People should be made aware and vigilant about the possible effects of circulation of unverified information online which could incite hate speeches. They must know how detrimental it is for society at large .People can also be informed about the effects of hate crime and should be encouraged to report such acts through media campaigns and community outreach initiatives. Communities can be crucial in combating hate crimes.

4. https://globalfreedomofexpression.columbia.edu/cases/modi-v-uttar-pradesh/  

5. https://indiankanoon.org/doc/1042064/

6. https://www.factchecker.in/2018-saw-most-religious-hate-crime-most-deaths-in-decade/

This can be accomplished by setting up areas where individuals can congregate and engage in direct, forthright conversationabout the problems that separate them. Additionally, it can promote greater respect and understanding amongst other communities by acting as a bridge between them. We need to build a community where no daughter has to see her father hacked and burnt, no wife has to see her husband beaten to death and no father has to see his daughter raped and charred. If someone is a victim, we must ensure that he or she speaks up and all the relevant sections are invoked to build their case. As a witness, one must not stand and silently watch a mob lynching someone rather he should be vigilant enough to call the police and inform them of such incidents. In this era of MPs and MLAs playing a game of ‘dirty politics’ of incitement and stirring hate against a community, we must build a system that punishes the attacker and not the attacked. As a guardian or a parent, it is one’s responsibility to actually foster a healthy environment in the family where difference of opinion is appreciated and nurtured instead of being choked. The most important step is to bring a specialized legislation for such matters with stringent punishments.

With the recent rise in hate crimes against Indian Sikhs in United Kingdom, it is important that we recognize how detrimental such acts of violence can be. India needs to adopt the theory of deterrence in such matters. India’s multicultural society faces a serious issue as a result of hate crimes. Although legislation specifically targeting hate crimes has not yet been passed, these crimes can nevertheless be dealt with under already in place legal measures. It is necessary to work to increase awareness, promote reporting, and reinforce the enforcement of current legislation. Additionally, social activities that support communication, empathy, and inclusivity are crucial to combat this menace. Peoples should be encourages to be empathetic towards each other and not focus on preconceived notions. We must create a system that fosters the ideals of equality, justice, and peace by working together to create a society devoid of prejudice and hatred. The need of the hour is to make our society more inclusive. The police and deputy officers need to be informed regarding their duties so as to prevent them reaching after the crime has taken place.

List of references:

       https://www.ijlmh.com/paper/legal-regulation-of-hate-crimes-in-india-a-look-at-the-  current-regime-and-its-shortcomings/

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Combating Hate Crimes in India A Legal Perspective by Diya Saraswat

all rights reserved by intern Diya Saraswat (Law 2nd year VIPS)