The Concept of Hate Crime

THE CONCEPT OF HATE CRIME

Criminal activities done by/against Individuals/group of individuals which are more than often motivated by hatred for the identity of the victim, inclusive of race, ethnicity, gender, beliefs or class as background ,are such crimes which showcase the psychological settled position of outlook that compel the commitment of acts to circle the planned order of consequences to satisfactorily coerce one’s own set of ideology to enforce the sense of superiority. However, the Constitution of India protects the rights of individuals against such infringements or inferior-superior dilemmas concluding each individual as equal but such steady outrageous activities exhibit the rigid mentality that not only continue to harm the victims and the offenders, by penalizing, but the society at par provided the two way insecurity in the targetted and targetting groups. The fear of repeatable actions in the vulnerable and the increasing fume in the neglecting sections ,for when they’re unable to either take their prospected steps or are penalized for the same.

ESSENTIALS OF HATE CRIMES

Some of the essential elements which are usually common in such instances of the hate crimes can be observed as;

• Biased criminal acts against an individual or group of individuals given the difference of status.

• Inferior mindset against different religions and practices.

• Derogatory speeches intended to offend, insult, incite violence, establish discrimination amongst the groups and so on. Which further at times result in riots, lynches, mental trauma, insecurity and fear making the victim section as vulnerable.

• Attack on personal rights with intention to affect the total social structure to shape the fear in accordance with the mindset of offenders.

• Grounds of the hate crime (Physical act) / Speech (Verbal act) are evidently based on the elements of either ethnicity, economic background, religion and belief backdrop, customary practices ,class or because of the merger of few of the aforementioned elements.

• Disturbance to fabric of equality in society. 

• Infringed right to speech and expression of individual.

ENGAGING LEGAL PROVISIONS INDIA

Although, the term “Hate crime” is not expressly mentioned or provided with a dedicated provision by the legislature in any statute of law but the traces of instances can be consolidated to collect the separate provisions and implement in accordance with the factual core strength of each case. Some of such provisions are;

1) The Indian Penal Code,1860 – Sections 153A, 153B, 295A, 298, 505(1) and 505(2)25 ~ The said sections deal with and penalize the acts of circulating the words, spoken or written, that prima facie promote disharmony, hatred, or insult on basis of religion, ethnicity, culture, language, region, caste, community, race etc.

2) Some provisions can also be traced as preventive and aftermath remedy in the following acts ;

a. The Representation of people’s act, 1951,

b. Information Technology act, 2000,

c. Unlawful Activities Prevention act, 1967 etc.

CONCLUSION

The recent instances of hate crime show the disturbed mentality that is existence in the society with the thought of considering each other as inferior to self. At times to establish the superiority and the other to considerate revenge, The immoral acts of Hate crimes hold unconfined purposes beneath. In India, there’s no existing law or provision for the same in comparison to the scenario of many countries where hate crimes are recognised as one with measures that are put in an exhaustive list for the awareness. Incidents may also involve physical assault, homicide, damage to property, bullying (also cyber bullying), harassment, verbal abuse (includes immoral slangs and slurs) or insults, mate crime or offensive graffiti or letters (hate mail). The increasing incidents demand the recognition as the need of the hour provided the separate laws at times can overlap each other with distinct degrees that can be contrary.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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