HATE CRIMES : A BRIEF NOTE - BY CH.S.B.L.MEGHANA

INTRODUCTION 

Crime is behaviour, either by act or omission, defined by statutory or common law as deserving of punishment. Whereas hate crime means when someone commits a crime against you because of your disability, race, sexual orientation, religion, or any other perceived difference. It doesn’t always include physical violence. Someone using abusive language towards you or harassing you because of who you are, or who they think you are, is also a crime. The same goes for someone posting abusive/offensive messages about you online.

TYPES OF HATE CRIME

Three main types: physical assault, verbal abuse and incitement to hatred.

PHYSICAL ASSAULT

Physical assault of any kind is an offence. If you have been a victim of physical assault you should report it. Depending on the level of violence used, a perpetrator may be charged with common assault, actual bodily harm or grievous bodily harm.

VERBAL ABUSE

Verbal abuse, threats or name-calling can be a common and extremely unpleasant experience for minority groups. However; there are laws in place to protect you from verbal abuse. Even if you do not know who verbally abused you, and the information could still help us to improve how we police the area where the abuse took place.

INCITEMENT TO HATRED

The offence of incitement to hatred occurs when someone acts in a way that is threatening and intended to stir up hatred. That could be in words, pictures, videos, music, and includes information posted on websites.

HISTORY OF HATE CRIMES

The concept of hate crime emerged in the United States in the late 1970s, but such crimes even occurred before that, Roman persecution of Christians and the Nazi slaughter of Jews being imminent examples of the same. In India, Hate Crime is existing concept from olden days onwards. There were incidents related to such crimes since the very formation of the nations which were majorly based on religion and caste. As per a report by NCRB, India has the majority of hate crimes based upon Caste and Religion, followed by gender-biases which are increasing at an alarming rate. In India, Hate crimes which are lynching and Hate Speeches not only affect the victim but also alienate entire communities.

STATISTICAL ANALYSIS

As per the analysis of Hate Crime report of April 2019, there were 282 Hate Crimes which resulted in 100 deaths. Muslims were in a majority 57% incidents victims to such crimes followed by Christians in 15% cases and then Hindus, in 13% cases. All of these data simply show the alarming rate at which such crimes occur and how it had deep-rooted itself in society.

NATURE AND CHARACTERISTICS OF HATE CRIMES

There is a certain and particular nature and characteristic of hate crimes which makes it differentiable from any other criminal offences and they are as follows: Hate Crimes though different in nature is always based on a crime which is penal and therefore imposes some form of punishment. This makes hate crime an offence under domestic criminal law and enunciates its criminality. A hate crime is always motivated by biases. The factor to be observed is the selection of a victim based on prejudice based upon his religion, community, gender and the like. Hate crimes are an extreme form of discrimination. It is committed out of some big difference present in the community against the other which makes the former discriminate the later and in dire condition commit crimes against them because of their biases.

HATE CRIMES IN INDIA AND PROVISIONS

HATE SPEECH

The term ‘hate speech’ as per the Black’s Law Dictionary means “a speech that carries no meaning other than an expression of hatred for some group, such as a particular race/type, especially in circumstances in which the communication is likely to provoke violence”. To simply put a speech that is derogatory towards some person or community is known as hate speech. It represents a serious concern because considering the present conditions in India it can fuel broad-scale conflict. The Indian Penal Code under Sections 153A, 153B, 295A, 298, 505(1) and 505(2) declares that word, spoken or written, that promotes disharmony, hatred, or insults on basis of religion, culture, language, region, caste, community, race etc., is punishable under law. On a similar note, The Representation of People Act, Information Technology Act, Unlawful Activities (Prevention) Act, 1967 and the like also contain provisions concerning hate speech and its prevention.

LYNCHING AND MOB VIOLENCE

In TEHSEEN S. POONAWALA V. UNION OF INDIA, The Hon’ble Supreme Court has defined Lynching as targeted violence which affects the human body and is against private and public property. In India, these are incidents where a group of people kill a person allegedly for an offence which is usually based on some rumour. The belief and practice of one community make some other community dislodged of its emotions which often leads to an unlawful act of mob violence. In a report of 2018, states like Uttar Pradesh, Karnataka, Haryana, Gujarat, Delhi, Rajasthan and Madhya Pradesh were the major for cases lynching and mob violence. As of now, there are no laws against lynching in India, however, provisions in various statutes handle matters related to lynching and mob violence, like under Section 223(a) of the Criminal Procedure Code, 1973 a person can be charged for an act of group attack on some other person. Similarly, provisions under IPC such as Section 302, Section 304, Section 307, Section 323, Section 325 and the like deals with the cases of hate crimes indirectly. Lynching mostly include attacks which result in murder or attempt to murder, harassment, assault, gang-rape etc, this is why the above mentioned provisions of IPC could be used in cases of Lynching and Mob Violence.

COURT VERDICTS AND PUNISHMENTS

In 1957, Supreme Court upheld decision of Lower court found publisher RAMJI LAL MODI guilty of publishing a cartoon and article which insults religious beliefs of Muslims. He was sentenced to 12 months of imprisonment and fined under section 295A of IPC. Petitioner argued that IPC 295A violated freedom of speech and expression guaranteed under Article 19 (1)(A) of the Constitution and offense of insulting religious beliefs can be committed if there is no danger of public disorder. In 1961, Supreme Court found Henry Rodrigues guilty of insulting religious beliefs of the Roman Catholics, and acting with a malicious intention in printing and publishing the same in 'Crusader' magazine. The defendant, who was a Roman Catholic, stated that he had criticized certain practices and beliefs of the Roman Catholic Church, which were contrary to what had been stated in the Holy Bible.  Further stated the similar views have been expressed in much other well-known work. He was held to pay a fine of Rs. 200/- fine and simple imprisonment for one month. In 1960, the Supreme Court upheld a decision of Uttar Pradesh government to confiscate all six books written by Baba Khalil Ahamad because it contained derogatory reference to Muawiya, who was the then governor of Syria and contemporary of Mohammad, which outrages the religious feelings of Sunni Muslim community. In 2007, R.V. BHASIN'S ISLAM–It is a Concept of Political World Invasion by Muslims was banned, and house raided, in Maharashtra on grounds that it outrages the feelings of Muslim section of society. In January 2010, the Bombay High upholds the ban which was imposed by the Government of Maharashtra.

CONCLUSION

Fear doesn’t exist anywhere except in your mind so first stop being scared and revolt back it is your right to fight back against. If you are charged with a crime, contact a near local criminal defence attorney. They can help you navigate the criminal justice system, defend your case, and protect your rights. Don’t hesitate to contact criminal offense attorney. Considering the present societal turmoil in India, cases of hate crimes are on a record high.