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07 July 2022 – The Hindu

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EDITORIAL ANALYSIS à 07 JULY 2022 à THE HINDU:

HATE CRIME IN INDIA:

About:

  • Criminal acts motivated by prejudice against an individual or social group due to particular distinctions, most notably in their religious beliefs and customs, are referred to as hate crimes.
  • In modern times, its definition has expanded to include speech that is disrespectful, disparaging, or that calls for violence in addition to lynching, discrimination, and offensive remarks.
  • Overall, a hate crime is an assault on the rights that have been entrusted to the victim, which affects not only the victim but also the societal system as a whole, making it more severe than many other criminal offences.
  • The most typical bases for hate speech are racial, ethnic, religious, or social class.

Hate Crime in India:

  • Instead of focusing on an individual’s right to freedom of expression and the harm caused by hate speech, India’s definition of hate crime places more emphasis on the harm caused to the community as a whole.
  • Hate speech that is motivated by a person’s race, religion, ethnicity, or culture is forbidden in India.
  • Due to the variety of forms it might take, hate speech is neither defined by Indian law nor is it simply reduced to a conventional definition.

Information on hate crimes in India:

  • Between September 2015 and December 2019, Muslims were the group most frequently the subject of hate crimes in India, followed by Dalits.
  • A total of 902 crimes were reported as the result of purported hatred, ranging from honour killing and love jihad to caste and religious discrimination.

What are the Root Causes of Hate Crime Prevalence?

Expression of Bias or Prejudice:

  • It is not necessary for a perpetrator of a “hate crime” to harbour animosity toward their victim; rather, what more accurately defines such crimes is the manifestation of prejudice or bias towards the victim’s (presumed) group membership.
  • Hate crime perpetrators may be inspired by a variety of preconceptions rather than just one specific sort of prejudice or hatred.

Social environment effects:

  • The social environments in which we live may also contribute to hate crimes.
  • Where society is set up to favour some identity qualities over others, hate crimes are more likely to occur (for example, white, male, heterosexual).
  • Systematic discrimination, which is often institutionalised in operating procedures, regulations, or laws, may create an atmosphere where offenders feel free to target specific members of minority groups.

The effect of perception:

  • Social psychology research has shown that perpetrators may be influenced by their belief that particular groups are dangerous to them.

These dangers can be broken down into:

  • “Realistic dangers” include perceived rivalry for jobs, housing, and other resources, as well as actual harm to themselves or others,
  • Threats against people’s ideals and social conventions are referred to as “symbolic threats.”

What effects might hate crimes have?

Personality Disorder:

  • More psychological discomfort is more likely to be felt by victims of violent hate crimes than by victims of other violent crimes.
  • In particular, victims of bias-motivated crimes are more likely to go through post-traumatic stress disorder, safety concerns, sadness, anxiety, and rage than victims of bias-unmotivated crimes.

Sends the wrong message to society:

  • Hate crimes victimise the entire group and reduce feelings of safety and security by sending messages to members of the victim’s group that they are not welcome and safe in the community.
  • Furthermore, experiencing psychological anguish and a decline in self-esteem might result from seeing prejudice towards one’s own group.

What are the anti-hate crime laws in India?

  • The term’s various variants are recognised across the laws, despite the fact that it is not stated in any statute at all.
  • According to the IPC’s Sections 153A, 153B, 295A, 298, 505(1), and 505(2), any spoken or written words that incite hostility, hatred, or insults based on race, caste, ethnicity, culture, language, region, or other factors are illegal and subject to punishment.
  • 53A: It punishes the encouragement of hostility between various groups.
  • 153B: It sanctions imputations, assertions harmful to national cohesion.
  • 505: It penalises rumours and disinformation that encourages hostility among the community.
  • In order to fight hate speech, Section 295A makes it illegal to disparage someone’s religious beliefs by using language with malice or intent.

Additional laws that address hate speech and its suppression include the following:

  • The 1951 Representation of the People Act: It divides election-related crimes, including hate speech, into two categories: electoral offences and corrupt practises. Sections 8, 8A, 123(3), 123(3A), and 125 of the RPA are the sections that apply to hate speech.

What steps can society take to stop hate crimes?

Requires Specialized Laws:

  • Specialized law to control hate speech spread on the Internet and, notably, social media, is urgently needed.

 

  • It is crucial that the Indian Penal Code (IPC) and the Information Technology Act be amended in order to adopt specific and long-lasting legal provisions that combat hate speech, especially that which is spread online and through social media.

 

  • In the end, this would only be achievable once hate speech is acknowledged as a justifiable limitation on free expression.

 

  • Sensitisation:

 

  • For the sake of social cohesion, the Indian community should be made aware of the rights of other citizens and the threat of hate crimes.
  • Neighborhood policing:

 

  • A society can help communities and law enforcement collaborate to stop and address hate crimes by developing community partnerships.
  • Participation from the community can stop a hate-related issue from developing into a serious crime. The answer must engage all members of the community. It’s crucial to include many groups whose communities might be hated on.

 

  • Community Awareness Is Required:

 

  • Understanding the effects of the incident is crucial for addressing the issue of hate-motivated crimes. Understanding the topic helps the community recognise its importance and the urgency of resolving its problems. It is crucial to run a community-wide public awareness campaign that informs people about hate crimes and offers them resources.

 

  • Counseling and youth involvement:

 

  • Young people are frequently more at risk for violent assaults, bullying, and other types of harassment.
  • Teachers and school administrators should inform their pupils and staff on the nature of hate crimes and occurrences, as well as how to stop them, in order to combat this.

 

  • Officers’ training:

 

  • To guarantee that responding officers and deputies are prepared to investigate and report the hate crimes or occurrences, police should teach new recruits as well as current officers and deputies on hate crimes and other related concerns.

 

  • Mains Question:

 

  • What do you understand by Hate Crime? What are some of the remedial measures to deal with the same?

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