In recent years, the term “Hate crime” has echoed through the headlines of newspapers almost every day, shedding light on the diabolical reality that we live in, which affects people and entire communities across the country. Hate crime refers to a criminal activity that is motivated by bias against any person or group because of their religion, caste, race, ethnicity, sexual orientation or other protected characteristics. Hate Crimes can be physical abuse, verbal abuse, intimation or threats where these offenders target particular groups who are considered “marginalized”. National Crimes Records Bureau (NCRB) report on crime in 2022 reveals that there were 993 cases of such nature in 2021, which had increased to 1444 (45% increase) cases in 2022. There are laws in India that punish offenders who commit hate crimes. One such act is Bharatiya Nyaya Sanhita (BNS) 2023, which deals with hate speech under Sections 196, 197, 298, 302, 356(3) and 356(4), stating that any word spoken or written that encourages hatred, insults based on religion, ethnicity, culture, language, caste, community, race etc., shall be punishable under the law to protect the vulnerable communities.
In the case of Shaheen Abdulla v. Union of India and Ors,(Writ Petition(s)(Civil) No.940/2022), The Supreme Court of India stated that unless there is harmony between religious communities, there wouldn’t be fraternity. The SC has shed light on the increasing events of hate speeches in India and has directed the Police authorities and government to take suomoto action against the offenders without holding back for the victim to lodge a complaint. The existence of hate crime in India reflects ingrained societal issues that demand comprehensive strategies for reform. These issues need legal actions and societal changes that promote equality and eliminate discriminatory norms regardless of who they are. Combating these issues will require consistent efforts from the people, government, civil society, and communities to create an environment where every person can live free from discrimination and fear.
AUTHOR:
Saraswathy Thogainathan, 5th year BBA. LL.B (Hons.), Saveetha School of Law, Chennai