HATE CRIMES IN INDIA: A CALL FOR SYSTEMATIC CHANGE

DR. JAYKUMAR BHONGALE

Assistant Professor and Research Co-ordinator BVDU, New Law College, Pune.

MS. SAHELI CHAKRABORTY

Student of BALLB, BVDU, New Law College, Pune.

ABSTRACT: Hate crime is a global phenomenon, and India is no exception. These crimes are not only a violation of an individual’s rights but also a threat to the entire community. Hate crimes are those crimes that are committed against someone because of their race, religion, nationality, ethnicity, sexual orientation, gender, or any other characteristic that defines their identity.

In India, the legal framework for hate crime is provided by a combination of provisions in the Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and special laws to deal with specific crimes. The IPC has provisions dealing with offenses like murder, assault, and defamation that can be categorized as hate crimes if committed on the basis of identity. This article aims to explore the legal framework of hate crime in India, including the challenges faced in its enforcement. The researcher will also focus on various judicial decisions to understand hate crimes in judicial aspects. The first part of this research article deals with the nature and origin of hate crimes as well as the psychology behind hate crimes in India. Later part is dealing with judicial interpretation, various observations relating to hate crimes, and their implications and rationale to have a deep understanding and research about the present topic.

Keywords: Psychology, Crime, Role of Speech, Effective legislation

INTRODUCTION

In India, the legal framework for hate crime is still evolving, and there is no specific law that defines hate crime. However, the Indian Penal Code (IPC) does have provisions that deal with hate crimes. The IPC defines a hate crime as any offense that is committed against a person or group based on their race, religion, caste, gender, sexual orientation, or any other identity that the offender perceives as different from their own.

Section 153A and 295A of the Indian Penal Code¹deal with hate speech and hate crime respectively. These provisions make it a criminal offense to promote enmity between different groups on the basis of religion, race, caste, or community. The punishment for these offenses may range from imprisonment to a fine or both.

According to the crown prosecution service of the Government of UK, Hate Crimes have been defined as“Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person’s disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity.“²

The definition of hate crimes in the UK is broad and covers a range of characteristics, including race, religion, sexual orientation, and disability. The definition also includes crimes that are motivated by hostility towards a person’s transgender identity. Under the Crime and Disorder Act 1998, a hate crime is any criminal act that is believed by the victim or any other individual to be motivated by prejudice or hate towards one of these characteristics. This includes offenses such as assault, harassment, and damage to property.

In contrast, Section 295A of the Indian Penal Code specifically deals with offenses that insult or attempt to insult the religious beliefs or feelings of any class of citizens in India. The section states that anyone who “deliberately and maliciously” outrages the religious feelings of any group of people in India can be punished with imprisonment for up to three years or a fine, or both.One key difference between the two definitions is that the UK’s definition of hate crimes covers a wider range of characteristics than India’s Section 295A. In addition to religion, the UK’s definition includes race, sexual orientation, and disability, which are not explicitly covered in Section 295A. Furthermore, the UK’s definition is more focused on the impact of the crime on the victim, with an emphasis on the perception of the victim or any other person that the crime was motivated by prejudice or hate. In contrast, Section 295A is focused on the intention of the offender to insult the religious feelings of a particular group, regardless of the impact on the victim.

Overall, while both the UK’s definition of hate crimes and India’s Section 295A aim to address crimes motivated by prejudice or hate, they differ in their scope and focus. The UK’s definition is broader and more victim-centric, while Section 295A is more narrowly focused on religious offenses and the intention of the offender.

¹Shankarias Academy, “Section 295a and 153a of Ipc” Available At: Https://Www.Iasparliament.Com/Article/Section-295a-And-153a-Of-Ipc (Last Visited April 4, 2023). ²Sally Lipscombe, “Hate crime” (2023). Available at : https://commonslibrary.parliament.uk/research- briefings/cbp-8791/ (last visited April 4, 2023)

PSYCHOLOGY BEHIND HATE CRIMES

Hate crimes are acts of violence, aggression, or hostility that are motivated by prejudice against a particular social group, such as race, ethnicity, religion, sexual orientation, gender identity, or disability. The psychology behind hate crimes is complex and multifaceted and involves a combination of individual, social, and cultural factors.

One of the primary psychological explanations for hate crimes is the theory of social identity.³ According to this theory, people derive their sense of self and self-worth from their membership in certain social groups, such as their race, ethnicity, religion, or nationality. When individuals feel that their social identity is threatened or devalued, they may respond with aggression and violence towards members of other groups, as a way of bolstering their own self-esteem and sense of superiority.

Another psychological factor behind hate crimes is dehumanization. Dehumanization is the process by which individuals or groups are perceived as less than human, making it easier for perpetrators of hate crimes to justify their actions. Dehumanization often involves attributing negative qualities and characteristics to the target group, such as viewing them as inferior, dangerous, or threatening.

Another psychological explanation for hate crimes is the phenomenon of scapegoating.⁴ Scapegoating occurs when individuals or groups are blamed for problems or issues that are beyond their control, and are then targeted for aggression and violence. In many cases, hate crimes are motivated by a desire to scapegoat certain social groups for perceived problems in society, such as economic hardship or political instability.

In addition to these individual-level factors, social and cultural factors can also contribute to the psychology of hate crimes. For example, the media and political discourse can shape public perceptions of certain social groups, and can influence the extent to which hate crimes are viewed as acceptable or even desirable. Social norms and values, such as those surrounding masculinity or nationalism, can also contribute to the psychology of hate crimes, by encouraging individuals to view violence and aggression as legitimate means of asserting power and control over others.

Overall, the psychology of hate crimes is complex and multifaceted, and involves a combination of individual, social, and cultural factors. By understanding these factors, we can better address the underlying causes of hate crimes, and work to create a more tolerant and inclusive society.

³Jan E. Stets and Peter J. Burke, “Identity Theory and Social Identity Theory,” 63 Social Psychology Quarterly

224–37 (2000).

⁴Zachary K. Rothschild et al., “A dual-motive model of scapegoating: Displacing blame to reduce guilt or increase control.” 102 Journal of Personality and Social Psychology 1148–63 (2012).

CAUSES AND MOTIVATION FOR HATE CRIMES

Hate crimes are violent or abusive actions that are motivated by prejudice or discrimination against a particular group of people. Some of the common causes and motivations of hate crimes are:

1. Prejudice and discrimination: Hate crimes are often fuelled by deep-seated prejudice and discrimination against a particular group of people based on their race, ethnicity, religion, sexual orientation, gender identity, or other characteristic. This prejudice can stem from a variety of sources, including upbringing, social conditioning, and personal experiences.
2. Group identity: Hate crimes may be motivated by a desire to defend one’s own group identity or to attack another group seen as a threat. This can be driven by a sense of insecurity, fear, or a desire for power and control.
3. Political and social factors: Hate crimes can also be influenced by broader political and social factors, such as the rise of nationalist or extremist ideologies, economic inequality, and social tensions.
4. Peer pressure and conformity: Hate crimes may also be influenced by peer pressure and a desire to conform to social norms or expectations within a particular group or community.

It’s important to note that there is no single cause or motivation for hate crimes, and each case may have its own unique factors at play. Addressing hate crimes requires a multifaceted approach that addresses the underlying social, cultural, and psychological factors that contribute to them.

KEY PROVISIONS OF HATE CRIME LEGISLATION IN INDIA

The legal framework of hate crime in India is defined by a number of key provisions. The first and foremost provision is the Indian Penal Code (IPC) which criminalizes hate crimes including incitement to hatred⁵, promoting enmity between different groups⁶, and deliberate and malicious acts intended to insult or outrage the religious sentiments of any group.⁷

Additionally, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989⁸ provides for enhanced punishment for crimes against scheduled castes and tribes, which are often motivated by hate.

In recent years, the government has also enacted the Protection of Children from Sexual Offences (POCSO) Act, 2012, which includes provisions for hate crimes against children.⁹

⁵“What is Section 153A of Indian Penal Code (IPC)? – Journals of India,” 2023available at: https://journalsofindia.com/what-is-section-153a-of-indian-penal-code-ipc/ (last visited April 4, 2023).

⁶Ibid.

⁷Ibid.

⁸Varad M. Yeole, “The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 with Reference to Discrimination Faced by Residents of North-Eastern States in India,” 1 Legal Lock Journal 43–53 (2021). ⁹“Protection of Children from Sexual Offences Act, 2012,” (2012).

HONOUR CRIME IN INDIA¹⁰

“Honor crimes” are acts of violence, usually committed against women, couples and children that are carried out by family members or members of a community in order to restore the family’s honor, which is perceived to have been tarnished by the woman’s behavior.

In India, honor crimes are a serious problem, particularly in rural areas where traditional patriarchal values still hold sway. Women who defy cultural norms by engaging in behavior deemed unacceptable by their families or communities, such as marrying outside their caste or religion, or engaging in premarital or extramarital sex, are at risk of being targeted.

Honor crimes in India often involve brutal violence, including murder, acid attacks, and disfigurement. The perpetrators of these crimes are usually male family members, such as fathers, brothers, or husbands, who believe that their actions are necessary to protect the family’s reputation. However, people may also be complicit in these crimes, particularly if they have internalized the belief that their actions have brought shame on their family.According to Al Jazeera, honor crimes in India are an assault on women’s autonomy.¹¹

It is important to note that not all honor crimes are classified as hate crimes. According to Oxford Academic, hate crimes are acts of violence motivated by prejudice or bias towards a particular group. In India, an understanding of this concept as a tool that accounts for the criminality of individual acts while appreciating the systemic prejudices that motivate them is lacking in Indian law.¹²

However, it has been reported that there is a correlation between honor crimes and hate crimes. Amnesty International India documented 721 incidents of hate crimes between 2015 and 2018, with 142 of them being against Dalits, 50 against Muslims, 40 against women, and 3 against LGBTQ. In 2018, it tracked 218 hate crimes, including incidents of honor killings.¹³

However, there is a correlation between honor crimes and hate crimes in India, which underscores the systemic prejudices that exist in Indian society against women and certain marginalized groups.

¹⁰Jyothi Vishwanath and Srinivas C Palakonda, “Patriarchal Ideology of Honour and Honour Crimes in India,” 6 (2011).

¹¹Kavita Krishnan, “„Honour‟ crimes in India: An assault on women‟s autonomy”available at: https://www.aljazeera.com/opinions/2018/3/14/honour-crimes-in-india-an-assault-on-womens-autonomy (last visited April 4, 2023).

¹²“Hate Crimes Against Minorities in India | Journal of International Criminal Justice | Oxford

Academic,”available at: https://academic.oup.com/jicj/article-abstract/19/3/611/6353556?login=false (last visited April 4, 2023).

¹³Radha Kumar, “Rising incidents of hate crimes point to the growing power of the lumpen” The Hindu, 9 July 2019, section Lead.

A REVIEW OF HATE CRIME CASES IN INDIA

Hate crimes are a menace to any society, and India is no exception. The country has seen a rise in hate crimes in recent years, with people being targeted based on their religion, caste, gender, and sexual orientation. A review of hate crime cases in India reveals that most of the victims are from minority communities who are vulnerable to attacks due to their social and economic status.

One such case was the lynching of a Muslim man in Rajasthan in 2017 by a mob of cow vigilantes. The victim, Pehlu Khan¹⁴, and his companions were transporting cattle when they were attacked by the mob. Despite having valid documents, they were beaten up and left to die on the road. This case highlights the issue of mob violence in the name of cow protection and how hate crimes are often fueled by religious hatred.

Another case that shook the nation was the gang rape and murder of a Dalit girl in Hathras, Uttar Pradesh, in 2020.¹⁵The victim was brutally assaulted by upper-caste men, and her body was cremated without her family’s consent. This case brought to light the deep-rooted caste discrimination in India and how hate crimes against Dalits are often ignored or brushed aside.

LANDMARK JUDGEMENTS

Here are some landmark judgements in India where ‘hate crime’ is mentioned in judgments and judicial decisions related to hate crime:

Navtej Singh Johar Case¹⁶: The Supreme Court of India abolished the penalty for homosexuality, stating that Section 377 of the Indian Penal Code (IPC) violated the rights to fair treatment, life, and personal freedom. The Court also acknowledged that members of the LGBTQ+ community were victims of hate crimes and discrimination.

ZahiraHabibullah Sheikh and Another v. State of Gujarat and Others (2004)¹⁷: This case pertained to the communal violence that occurred in Gujarat in 2002, and the failure of the state machinery to prevent it. The Supreme Court of India observed that the incidents were not just acts of communal violence, but also instances of hate crimes.

ArumugamServai v. State of Tamil Nadu(2011)¹⁸: In this case, the Supreme Court of India held that a crime committed on the basis of caste could be considered a hate crime and that the victim’s caste

¹⁴“Rajasthan HC warrant against accused in Pehlu Khan lynching case | Jaipur News – Times of India,” available at: https://timesofindia.indiatimes.com/city/jaipur/hc-warrant-against-accusedin-pehlu-khan-lynching- case/articleshow/85991963.cms (last visited April 4, 2023).

¹⁵“Hathras gangrape-murder case: UP court convicts main suspect, acquits three others,”available at: https://scroll.in/latest/1044925/hathras-case-up-court-drops-gangrape-charges-against-all-four-accused (last visited April 4, 2023).

¹⁶Navtej Singh Johar vs Union of India AIR 2018 SC 4321.

¹⁷ 2004 (5) SCC 353

¹⁸AIR 2011 SC 1859.

should be taken into account while determining the sentence.

Kartar Singh v. State of Punjab (1994)¹⁹: This case dealt with the definition of terrorism under Indian law. The Supreme Court held that terrorist acts that are motivated by religious, racial, or linguistic identity constitute hate crimes and must be dealt with accordingly. The judgment emphasized the need for a comprehensive legal framework to combat hate crimes and terrorism.

These cases show that hate crimes are recognized by Indian courts and that perpetrators of such crimes can face severe punishment under the law.

CAN TERRORISM BE CALLED “HATE CRIME”?

Terrorism and hate crimes are related but distinct concepts. While both involve violence or intimidation directed towards a particular group of people, terrorism is typically characterized by the use of violence or threats of violence to achieve a political, ideological, or religious goal, while hate crimes are motivated by prejudice or bias against a particular group of people based on their race, religion, ethnicity, sexual orientation, gender identity, or another characteristic.It is possible for terrorism to involve hate crimes, as terrorists may target individuals or groups based on their identity or affiliation with a particular community.²⁰For example, a terrorist attack on a synagogue could be both an act of terrorism and a hate crime against Jewish people.

There have been several instances of terrorism in India that have been linked to hate crimes and religious extremism. Here are some examples:

Mumbai attacks (2008)²¹: The November 2008 Mumbai attacks, carried out by 10 members of the Lashkar-e-Taiba terrorist group, targeted several locations across Mumbai, including a Jewish center. The attackers were motivated by religious extremism and anti-Semitic views, and the attack is considered to be a hate crime against Jews and other non-Muslims.

Samjhauta Express bombings(2007)²²: The Samjhauta Express bombings were a series of terrorist attacks that targeted a train traveling between India and Pakistan, killing 68 people, mostly Pakistani civilians. The attacks were carried out by a group with links to Hindu extremist groups, and were motivated by anti-Muslim sentiment.

Godhra train burning (2002)²³: The Godhra train burning was an incident in which a train carrying

¹⁹ 1994 SCC (3) 569 JT 1994 (2) 423 1994

²⁰Kathleen Deloughery, Ryan D. King and Victor Asal, “Close Cousins or Distant Relatives? The Relationship Between Terrorism and Hate Crime,” 58 Crime & Delinquency 663–88 (2012).

²¹“2008 Mumbai attacks – Wikipedia,”available at: https://en.wikipedia.org/wiki/2008_Mumbai_attacks (last visited April 4, 2023).

²²“Samjhauta Express blast case explained: Who are the accused? What did NIA chargesheet say?,” The Indian Express, 2019available at: https://indianexpress.com/article/explained/explained-samjhauta-express-blast- verdict-today-who-are-the-accused-what-did-the-nia-chargesheet-say-5620175/ (last visited April 4, 2023).

²³“What is the 2002 Godhra train burning case?,” The Indian Express, 2017available at: https://indianexpress.com/article/what-is/what-is-godhra-case-gujarat-riots-sabarmati-express-narendra-modi- 4881537/ (last visited April 4, 2023).

Hindu pilgrims was set on fire in the town of Godhra, Gujarat, killing 59 people. The attack was carried out by a group with links to Muslim extremist groups, and was motivated by religious extremism and anti-Hindu sentiment. The incident sparked communal violence across the state of Gujarat, resulting in the deaths of over 1,000 people, mostly Muslims.

However, not all acts of terrorism involve hate crimes, and not all hate crimes involve terrorism. It is important to distinguish between these concepts to better understand the motivations and goals of violent acts and to design effective policies to address them.

These cases and many others like them show that hate crimes in India are a serious issue that needs to be addressed urgently.

ROLE OF HATE SPEECH IN HATE CRIMES

Hate speech plays a significant role in inciting and justifying hate crimes. Hate speech refers to any form of expression that promotes or incites hatred or violence towards individuals or groups based on their identities, such as their race, religion, ethnicity, gender, sexual orientation, or disability status. When hate speech goes unaddressed, it can create an environment in which hate crimes are more likely to occur.

Studies have shown that hate speech can contribute to a “spiral of hate” in which individuals and groups become increasingly hostile towards one another, leading to escalating levels of violence and discrimination. Hate speech can also create a sense of dehumanization and bothering, in which individuals or groups are viewed as less than human or outside of the community, making it easier to justify violence against them.²⁴

Hate speech can also serve as a means of mobilizing and organizing individuals and groups toward acts of violence. Hate groups often use hate speech as a tool for recruitment and radicalization, drawing in individuals who are susceptible to their messages and encouraging them to commit acts of violence against those they perceive as threats.²⁵

In India, hate speech is regulated by various laws and legal provisions, including the Indian Penal Code, the Criminal Procedure Code, and the Constitution of India. The relevant sections of the Indian Penal Code that deal with hate speech and hate crimes include: Section 153A²⁶, Section

²⁴“Hate speech and rise in promoting enmity between groups cases: Do we need a new, specific law?,”available at: https://www.barandbench.com/columns/hate-speech-and-rise-in-promoting-enmity-between-groups-cases-do- we-need-a-new-specific-law (last visited April 4, 2023).

²⁵United Nations, “Hate speech and real harm” United Nations (United Nations) available at: https://www.un.org/en/hate–speech/understanding-hate-speech/hate-speech-and-real-harm (last visited April 4, 2023).

²⁶This section prohibits the promotion of enmity between different groups on grounds of religion, race, caste, etc. It states that whoever promotes or attempts to promote, on grounds of religion, race, caste, community, or language, feelings of enmity, hatred, or ill-will between different groups shall be punished with imprisonment for a term of up to three years, or a fine, or both.

295A²⁷, and Section 505²⁸. These sections deal with deal speech or words that could generate trouble, offend religious sensibilities, or imply a threat to national security. Section 153A lays down the provisions for punishing those who, by words, signs, pictures, or other similar things, spread disharmony among people belonging to different caste, creeds, religions, regions, languages, or any other group of the same kind and disrupt public harmony and tranquility.²⁹ Section 295A defines and prescribes punishment for deliberate and malicious acts intended to outrage the religious feelings of any class by insulting its religion or religious beliefs.³⁰Section 505 of the IPC punishes statements conducing to public mischief.

The meaning of hate speech is not explicitly defined in the Indian legal system, but it is generally understood as speech that is intended to promote enmity or hatred between different groups on the grounds of different parameters of discriminations³¹

CHALLENGES IN PROSECUTING HATE CRIMES

While there are provisions for hate crimes in India, prosecuting these types of crimes can be a challenge. One of the main challenges is the lack of data. Hate crimes are not always reported, and when they are, they are often not recorded as hate crimes. This makes it difficult to track and prosecute such crimes.

Another challenge is the loopholes in the legal framework. For instance, the definition of hate crime in India is not comprehensive and there is no specific law that addresses hate crimes. This means that such crimes are often prosecuted under other laws, such as those related to assault, defamation, or promoting enmity between different groups. This makes it difficult to ensure that the punishment fits the crime and can lead to inconsistent sentencing.

Furthermore, there is often a lack of political will to address hate crimes, which can result in

²⁷This section deals with acts that insult or attempt to insult the religious beliefs or feelings of any class of citizens in India. It states that whoever, with deliberate and malicious intent, outrages the religious feelings of any class of citizens, shall be punished with imprisonment for a term of up to three years, or a fine, or both.

²⁸This section deals with statements or rumors that promote or incite enmity, hatred, or ill-will between different religious, racial, or linguistic groups. It states that whoever makes, publishes, or circulates any statement, rumor, or report with intent to cause, or which is likely to cause, fear or alarm, or a feeling of enmity, hatred, or ill-will between different groups, shall be punished with imprisonment for a term of up to three years, or a fine, or both.

²⁹“EXPLAINER | Hate speech and how Indian laws deal with it,” The New Indian Expressavailable at: https://www.newindianexpress.com/nation/2022/apr/15/explainer–hate-speech-and-how-indian-laws-deal-with- it-2442459.html (last visited April 4, 2023).

³⁰“SC directions on hate speech: How courts have read IPC Sec 295A, other provisions | The Indian

Express,”available at: https://indianexpress.com/article/explained-law/hate-speech-ipc-sec-295a-supreme-court- 8224954/ (last visited April 4, 2023).

³¹“Hate speech and rise in promoting enmity between groups cases: Do we need a new, specific law?,”available at: https://www.barandbench.com/columns/hate-speech-and-rise-in-promoting-enmity-between-groups-cases-do- we-need-a-new-specific-law (last visited April 4, 2023).

underreporting and lack of action against perpetrators. This can be due to various reasons, such as fear of backlash from certain groups or lack of awareness of the severity of the issue.

NEEDS AND EXPERIENCES OF VICTIMS OF HATE CRIMES

Research on the needs and experiences of victims of hate crimes has highlighted several important issues that should be considered when addressing the impact of hate crimes on individuals and communities.³²

Firstly, victims of hate crimes often report feeling traumatized, frightened, and vulnerable after the incident. They may experience physical injuries, emotional distress, and psychological harm, and may require medical treatment, counselling, and support to recover. Therefore, it is important to provide adequate and accessible support services to help victims cope with the aftermath of the crime.

Secondly, hate crimes can have a ripple effect, impacting not just the individual victim, but also their family, friends, and the wider community. Hate crimes can create a climate of fear and anxiety, and can lead to increased tension and conflict between different groups. Therefore, it is important to address the broader impact of hate crimes and work toward promoting understanding, respect, and social cohesion.

Thirdly, research has shown that victims of hate crimes often face significant barriers when accessing justice, including underreporting of incidents, lack of trust in law enforcement, and difficulties in proving that the crime was motivated by bias.

COMPARATIVE ANALYSIS

In the United States, the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009³³ explained the federal hate crime law to include crimes motivated by the victim’s actual or perceived gender, sexual orientation, gender identity, or disability. The law also provides for greater federal involvement in hate crime investigations and prosecutions and establishes funding for hate crime prevention programs.

Similarly, in the United Kingdom, the Public Order Act of 1986³⁴criminalizes intentional harassment, alarm, or distress on the grounds of race, religion, or belief. The act also provides for enhanced penalties for crimes motivated by racial or religious hostility and allows for civil remedies for victims of hate crimes.

³²Susan McDonald, “An exploration of the needs of victims of hate crimes” (2007).

³³“The Matthew Shepard And James Byrd, Jr., Hate Crimes Prevention Act Of 2009,” 2015available at: https://www.justice.gov/crt/matthew–shepard-and-james-byrd-jr-hate-crimes-prevention-act-2009-0 (last visited April 4, 2023).

³⁴“Public Order Act 1986,”available at: https://www.legislation.gov.uk/ukpga/1986/64 (last visited April 4,

In Australia, hate crimes are addressed under the Racial Discrimination Act 1975³⁵, the Criminal Code Act 1995³⁶, and the Anti-Discrimination Act 1977.³⁷ The Racial Discrimination Act makes it unlawful to discriminate on the grounds of race, ethnicity, or nationality. The Criminal Code Act provides for specific offenses for hate crimes, such as incitement to racial hatred, and the Anti- Discrimination Act prohibits discrimination on various grounds, including race, religion, and sexual orientation.

In China, hate crimes are addressed under the Criminal Law of the People’s Republic of China.³⁸ The law provides for specific offenses for hate crimes, such as inciting ethnic hatred or discrimination and using violence or threats to infringe upon equal rights. Additionally, China has implemented the Ethnic Unity Law, which prohibits discrimination based on ethnicity and promotes national unity.

In light of these and other examples, it is clear that hate crime legislation and enforcement vary substantially across different countries and legal systems. A comparative analysis can help identify best practices and areas for improvement, and inform efforts to strengthen India’s legal framework for combating hate crimes. However, it is important to recognize that legal solutions alone are insufficient to address the complex and multifaceted problem of hate crimes and that broader social and cultural change is also necessary.

Suggestions

Hate crimes have been a persistent issue in India, and addressing this problem requires a multi- faceted approach involving various stakeholders. Here are some suggestions to eradicate hate crimes in India:

1. Education and awareness: Implementing educational programs that promote tolerance, diversity, and inclusivity can be effective in reducing hate crimes. Schools and colleges should incorporate courses on human rights, diversity, and conflict resolution.
   1. 
      Law enforcement: Strengthening the law enforcement system to ensure that hate crimes are reported, investigated, and prosecuted. Police officers should receive training on how to identify hate crimes and handle victims sensitively.

³⁵AG, “Racial Discrimination Act 1975” (Attorney-General‟s Department), au available at: https://www.legislation.gov.au/Details/C2016C00089/Html/Text, http://www.legislation.gov.au/Details/C2016C00089 (last visited April 4, 2023).

³⁶“Criminal Code Act 1995,”available at: https://www.legislation.gov.au/Details/C2019C00043 (last visited April 4, 2023).

³⁷“Anti-Discrimination Act 1977 No 48 – NSW Legislation,” available at: https://legislation.nsw.gov.au/view/html/inforce/current/act-1977-048 (last visited April 4, 2023). ³⁸“Criminal Code of the People‟s Republic of China | Office of Justice Programs,”available at:

https://www.ojp.gov/ncjrs/virtual-library/abstracts/criminal-code-peoples-republic-china (last visited April 4,

• Media responsibility: The media should exercise caution and sensitivity in their reporting of incidents that have the potential to incite hatred. Sensationalizing or exaggerating news can create a negative impact and fuel hate crimes.
  • Community engagement: Encouraging interfaith and inter-caste dialogues, and promoting community-level events that promote diversity and inclusivity can help foster understanding and reduce hate crimes.
  • Political leadership: Political leaders must speak out against hate crimes and take proactive steps to address the issue. They must lead by example, and their rhetoric should be inclusive and respectful of all communities.
  • Social media regulation: Social media platforms should be regulated to prevent the spread of hate speech and propaganda. Platforms should be held accountable for the content they host, and users who violate community standards should be held accountable.

CONCLUSION

It is evident that the legal framework of hate crime in India is complex and challenging. Based on the research conducted, it can be concluded that the current legal provisions under Section 153-A and 295-A of IPC are not sufficient to define hate crimes. The research found that these provisions do not specifically address the issue of hate crimes and the punishment prescribed is inadequate for the severity of the offense.

The study highlights the need for a separate legislation that explicitly defines hate crimes and prescribes harsher punishment for such offenses. This legislation should take into account the various forms of hate crimes, including those based on race, religion, gender, sexual orientation, and disability. There is a pressing need for the Indian government to address the issue of hate crimes and provide a legal framework that adequately addresses this problem. The findings of this study can serve as a basis for further research and policy development in this area.Hate crimes are a threat to the fundamental principles of democracy and the rule of law. Despite the prevalence of such crimes, there is a lack of appropriate legal and social mechanisms to address them. This has led to a culture of impunity where perpetrators of hate crimes are rarely held accountable for their actions. The absence of legal and social frameworks has also perpetuated a climate of fear and insecurity among minority communities in India. In order to ensure the safety and security of all citizens, it is imperative that the government takes urgent steps to develop and implement a comprehensive legal and social framework to address hate crimes. Therefore, it is the responsibility of every citizen to work toward creating an inclusive society where diversity is celebrated, and hate crimes are not tolerated.