HATE CRIMES: UNDER THE PURVIEW OF THE
INDIAN PENAL CODE, 1860.
Author- Samrina Zahedin, A student at Madhushudan Law University
INTRODUCTION:
An unlawful act that violates established laws, regulations, or statutes within a particular jurisdiction is a ‘Crime’. It can range from offenses against persons or property to violation of societal norms. A hate crime is that criminal offense that has been committed against a person, group, or property that is motivated, wholly or in part, by the perpetrator’s bias or prejudice towards the victim’s perceived race, caste, sexual orientation, religion, ethnicity, gender identity, or other characteristics. These crimes go way beyond typical perceived view of criminal behaviour as these are motivated and fuelled by hatred or intolerance towards the victim’s affiliation with a particular social group. All the legal systems have specific statutes addressing hate crimes, recognizing the need to address and deter offenses that have their roots in discrimination and bias.
Hate crimes also present a concerning a global challenge, transcending borders and cultures. Nations grapple with a rising tide of xenophobia and discrimination, exacerbated by social, economic, and political factors. While some countries have robust legal frameworks some are still facing challenges in enforcement in prosecution. A comprehensive global outlook demands continuous dialogue, education, and concerned efforts to promote inclusivity, understanding and respect for diversity.
HATE CRIMES IN INDIA:
Hate crimes in India manifest in various forms, targeting individuals based on their identity. Religious hate crimes involve attacks on religious minorities or places of worship. Caste- based hate crimes result in violence against marginalized castes, perpetuating discrimination. Gender based hate crimes impact women and the LGBTQ+ community with instances of violence and discrimination. Communal tensions give rise to clashes between different religion or ethnic groups. Online Hate crimes involve the dissemination of discriminatory content through social media, contributing to real world consequences. Each type reflects deep seated prejudices, necessitating legal and societal responses.
COMBATING HATE CRIMES UNDER- INDIAN PENAL CODE, 1860 –
Hate crimes in India remain a consistent challenge, reflecting upon the deeply rooted social biases and conflicts. These crimes often target individuals based on their religion, caste, ethnicity, gender or sexual orientation. The Indian Penal Code, 1860 (IPC) deals specifically hate crimes under some of its sections which deliberately prescribes punishments and fines in case of such offenses. Yet such instances continue to occur.
The following are the sections which deal with the crimes-
1.Section 153A- Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony –
This section addresses acts that promote enmity between different religious, racial, language or regional groups. It penalizes deliberate actions that disturb communal harmony. Offenses under this section involve statements, speeches or activities that create animosity and disharmony and punishes the wrongdoer with imprisonment which may extend up to 3 years or with fine or with both.
2.Section 295- Injuring or defiling place of worship with intent to insult the religion-
This section specifically addresses offenses involving damage to a place of worship with the intent to insult a religion. It recognizes the sanctity of religious spaces and imposes legal consequences for actions that violate this sanctity with a malicious intent to insult. This section gives the convict an imprisonment of either description for a term which may extend to 2 years, or with fine or both.
3.Section 295A- Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs-
Focused on protecting religious sentiments, Section 295A targets acts that insult or attempt to insult the religious beliefs of any class, intending to outrage religious feelings. This section strikes a delicate balance between freedom of expression and the need to prevent the deliberate provocation of religious communities.
In the case of Ramji Lal Modi v. State of U.P.1 – The Supreme court clarified that Section 295A is not intended to suppress legitimate expressions of opinion or artistic freedom.
1.1957 AIR 620
The Supreme Court emphasized the need for a deliberate and malicious intent to outrage religious feelings for the section to apply.
4. Section 298- Uttering words, etc with deliberate intent to wound religious feelings of any person-
Section 298 pertains to the uttering of words with the intent to wound religious feelings. It criminalizes hate speech that goes beyond free expression, emphasizing the deliberate nature of the intent to cause emotional harm based on religious affiliations. The convict will be liable for imprisonment of either one year, or with fine, or both.
5. Section 505- Statements conducing to public mischief-
Section 505 deals with making statements, rumours, or reports with the intent to incite any class or community to commit an offense against another. In the context of hate crimes, this section addresses the potential for statements to lead to public disorder and social unrest.
In Manzar Sayeed khan and Anr. V. State of Maharashtra and Anr.2 it was highlighted that for Section 505 to be applicable, the statement or report must have been made with the intent to incite a particular community to commit an offense against another community.
While these sections provide a legal framework to address hate crimes, challenges persist in implementation and enforcement. The evolving nature of hate crimes requires a dynamic legal response, emphasizing proactive measures to prevent and address incidents. The above-mentioned cases are some of the many cases that have played a pivotal role in shaping interpretations and precedents related to hate crime legislation in India. A holistic approach that combines legal reforms, community engagement, and educational initiatives is essential for effectively combating hate crimes and fostering a society built on tolerance and inclusivity.
CONCLUSION-
Addressing hate crimes in India demand a comprehensive approach involving legal reforms, community education, and social initiatives. The persisting challenges underscore the need for ongoing efforts. Can concerted actions foster an environment where diversity is celebrated, and hate crimes and become inconceivable? This question prompts reflection on the collective responsibility in building a society free from discrimination and violence!
2.(2009) 12 SCC 157
