A Study to Analyze Evolving Jurisprudence of Prosecution of Hate Crimes in India and Its Changing Dynamics

Abstract

“Violence born of hatred, bias, or prejudice has become the source of highly politicized public debate and subsequent mandates that ‘somebody do something’ (Valerie Jenness, Ryken Grattet)”

In current time in and around our country a perceptible rise of violence against humans can be observed. The cause of these violence ranges from anti-minority sentiments to radical nationalism which at last affects and violates human and civil political rights of the citizens. The present atmosphere in our country makes our heart skip a beat as the current political debates, mandates and public dialogues regarding the issues or violence against a particular person, a particular group or a sect or ethnicity are being turned into a discusiion of intolerances, discrimination or an tool for creating vote banks which further fuels the violence and affects the peace and order of our society. what our country needs presently is a legal debate to convert these hate crimes into something tangible after which proper justice can be provided for the violations of people's rights and liberties and most of all to provide justice for the lives lost in the chaos created due to the anti minority or anti national or any illicit actions of a mob. violence, prejudice, motivated or bias crime, discrimination, abuse and harrasment against a person or group of person of a particular gender identity, race, sexual orientation, religion, ethnicity, physical apperance all are part of a term called hate crime. Hate crime is like any other crime like murder, arson, vandalism with and added element of bias or motivation on basis of hate. Federal bureau of investigation of America has defined hate crimes as “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity”.

Today India is suffering from hate crimes and it has been embedded in our indian legal and political structures and system where no actions or steps are being taken to even acknowledge it, the question to fight and eradicate the so called hate crimes or the thought process are not even talked about. the current Indian society needs to accept and understand the deep rotted effects of hate crimes and its effects on humanity as a whole and also on the coming or upcoming generations of citizens of our country as these crimes leaves it scares on the body and mind of the victim, their family and also molds their remainder of their lives around the ideology and beliefs of hate against each other.

Criminalization of hate crime as a category of crime and as a different or separate class of crime is pertinent to the peace and security of our country. Hate crimes fundamentally take place due the bias or animus of the perpetrators, secondly these crimes are intentional, specifically targeted and personal. These crimes are a message to the individuals, the community and society. which many times leads into riots or communal violence. Hate crimes need to be created as a separate class of crime though the core offences are covered by the criminal acts, the reasons and arguments with data would be further dealt in the paper to understand whether there is a need or not. Now coming to the aspects of prosecution of hate crimes, it has become imminent for the society to maintain peace and order as these crimes violate fundamental rights, are message crimes and it further divides the communities. The jurisprudential aspects of prosecution of these crimes have also evolved with a few acts coming into power to prevent and punish certain aspects of these hate crimes. all these would be dealt with in the dissertation to understand hate crimes in the current scenario of India.

Keywords: Hate, Hate Crime, India, Criminalization of hate crime, Prosecution of hate crime, Law on hate crime