Law on Hate Crimes

In India

Vanshika Aggarwal

8/4/20235 min read


Hate crime victims often cannot seek redress against perpetrators for various reasons, meaning many crimes remain unreported, unprosecuted, and, ultimately, invisible. The behavior of people is based on both the law and the traditions of the general public. Laws are promulgated and approved by the state, and the public respects their qualities and traditions. Crimes are manifestations of humans who defy the law. Violation of these laws is guilty. These guilty acts and behaviors are considered crimes or violations.

Existing Legal Provisions on Hate Crimes:

1. IPC 302: Punishment for murder -

Anyone who commits murder is punishable by death or life and is fined. A subsection should include hate crimes leading to murder and punishment.

2. IPC 304: Punishment for manslaughter, non-homicide:

Imprisonment for life or up to 10 years and a fine. "If death is inflicted on a girl or woman, the defendant who commits that murder will be punished with the term of life imprisonment and a fine of up to two lakh rupees.

On 6 July 2016, the central government introduced the revised Central Victim Compensation Fund (CVCF) system for women with a one-time grant of Rs 200 crore as part of the Nirbhaya Fund to support and complement existing compensation systems for victims notified by states / UT- Administrations to reduce the disparity in the amount of compensation reported by different states / UT to crime victims and to encourage states / UT to provide funding to victims of various crimes such as sex crimes following the Article 357A of the Cr. PC as rape, assault with acid, crimes against children, etc. Trafficking in human beings and Cr. PC's 357 A should be divided into compensation for hate crimes.

3. Laws that already exist and can help in hate crime cases Cr PC 129: Any senior judge or agency in charge of a law enforcement agency or, if there is no responsible officer, any police officer who is not in the rank of deputy inspector, can order the dissolution of an illegal gathering or of five or more people that could disturb public order; and then it will be the duty of the members of this congregation to disperse accordingly.

Ten-Point Plan to Fight Hate Crimes:

1. Provide adequate guidance and resources to law enforcement. Governments should ensure that police and investigators, as first responders in violent crime cases, receive specific instructions and have the procedures, resources, and training necessary to identify, investigate and record the causes of crime, distorted motives, and those that lead to legal proceedings action required for hate crimes.

2. Conducting parliamentary, inter-institutional, or other special inquiries on the problem of offenses motivated by prejudice. These public and official investigations should stimulate public debate, seek ways to better respond to hate crimes, and seek impressive ways to address the roots of provincialism and discrimination through education and other means.

3. Creation and strengthening of anti-discrimination organizations. Official anti-discrimination and human rights organizations should be able to fight hate crimes by monitoring, reporting, and supporting victims.

4. Speak against official fanaticism and fanaticism. Free speech leaves ample room for hateful and insulting speeches, but public figures must occupy a higher level. Deputies and local government leaders must be politically accountable for sectarian statements that promote discrimination as well as violence and create a climate of fear for minorities.

5. Monitor and report hate crimes. Governments must maintain formal public surveillance and reporting systems to provide accurate data to make informed policy decisions to combat violent hate crimes.

6. Communicate with community groups. Governments should undertake public awareness and education efforts among communities and civil society groups to reduce fear and help victims improve police-community relations, promote better police reporting of crimes motivated by bias, and improve the grade of data collection by law enforcement.

7. Promote international cooperation on bias-motivated crime. Governments should also provide these agencies with a detailed report on the frequency and nature of hate crimes following relevant obligations.

8. Adopt laws that specifically address hate crimes. Recognizing the particular wrong caused by violent hate crimes, authorities should enact laws codifying specific crimes or establish stricter sanctions for violent crimes based on race, religion, ethnicity, and sexual orientation.

9. Strengthen law enforcement and the persecution of offenders.

10. Recognize and condemn violent hate crimes whenever they occur.

Future Scope:

In spite of the preventive measures taken by the state police, the responsible police station must immediately file an FIR if the local police become aware of a hate crime incident.

1. It will be the duty of the police station officer to immediately inform the district node officer, who in turn will ensure that there is no further harassment of the station's relatives (the victims).

2. The investigation of these crimes is handled personally by the Nodal Officer, who has the task of supervising the effective conduct of the investigations and the presentation of the accusation within the terms of the law.

3. Cases of lynching and gang violence are dealt with specifically by specific courts in each district. These courts decide cases daily. Preferably, the study should be completed within six months.

Special provisions:

Articles 19 and 21 of the Constitution contain provisions governing the freedom of expression that causes violence. The government must uphold the rule of law by punishing those involved in such heinous incidents in different parts of the country. The government must call the anti-hate crime squad to prevent this hate across India. The "Hate Crimes Act" must also be approved.

Guidelines For Limiting Hate Crimes:

In the Poonawalla case, the Court confirmed that "in relation to various cases of lynching and collective violence that do not need to be specifically addressed, as we will give some indication regarding preventive, curative and punitive measures."

Judicial Efforts:

The guidelines established by the Supreme Court are as follows:

1. State governments should immediately identify districts, sub-districts, and villages that have recently reported lynchings and mass violence.

2. The director general of police or the secretary of the interior ministry conducts regular (at least quarterly) review meetings with all node officers and intelligence chiefs of the national police.

3. The nodal officer must hold regular (at least monthly) meetings with local intelligence units in the districts and station agents to identify trends in self-defense and collective violence.

4. The police must ensure the dispersion of crowds who, in self-defense or other uniforms, provoke violence or lynchings.

5. Central and state governments should broadcast on radio, television, and other media, including the official websites of the Interior Ministry and the state police, that lynchings and mob violence will have dire consequences.

6. The DGP issues a circular to the PS on police patrols in sensitive areas.

7. Police will register FIRs under Section 153A of the IPC (Fostering Enmity between Persons) and other relevant regulations against perpetrators.

8. States appoint a senior police officer in each district with at least the rank of police commissioner as a node officer.

(Edited & Posted By Lawful Bytes Team)

Vanshika Aggarwal

B.Com(H), M.Com, CS Aspirant, LLB

CCS University Meerut