Hate crime is a sign of narrow-mindedness and greatly affect not only the injured individuals but also meetings with the unfortunate victim who recognize themselves. They affect community cohesion and social stability. A strong reaction, therefore, fundamental both to individual and communal security.
Hate crime is distinguished from other types of crime with the motive of the perpetrators because the motive is usually not necessary to demonstrate an important component of the crime, it is rarely examined in detail sufficient to draw out the real explanation behind the crime. If the criminal justice system does not use the concept of “Hate crime”, the motive is not recognized as an essential element of the offense and the existence of hate crimes will, therefore, remain invisible.
Although different countries have passed separate laws and varieties to address crimes of hate, these crimes can occur and significantly affect the person concerned and the unfortunate victim of this society. If police, prosecutors, and judges can be trained to understand and respond to these crimes effectively, the damage caused by hate crimes can be reduced.
What is a Hate Crime?
According to the Organization for Security and Co-Operation in Europe (OSCE), Hate crimes are criminal offenses committed with a bias motive. Also known as “bias-motivated crime” or “bias crime” they are not defined as a violation of law but as a concept that occurs when a perpetrator targets a victim of a particular social group.
Hate crimes refer to criminal acts that are motivated by bias against an individual or a social group because of certain differences, majorly in the practice of their religion and customs. In modern times its meaning has proliferated beyond the lynching, discrimination and offensive speech and now includes speech that is offensive, degrading or inciting violence. All this results in disturbing the harmony and order in society in general. It affects its victims drastically effects appallingly one victim both mentally and physically, which in his / her mental and physical decay.
To determine whether a crime is a crime of hate crimes or bias, the motivation behind this action is to be considered. A hate crime is always motivated by bias or hatred of a person or social group against another person or social group because of differences arising from race, religion, ethnicity, customs, practices and the like. It has a psychological and emotional impact that goes far beyond the victim. Attacks motivated by bias as well as damaging its own right given to him by being born as an Indian Citizen.
Thus, in the totality of Hate Crime can be defined as an attack on the rights of someone who is entrusted to him so that affects not only him but the whole social structure which in many ways makes it more heinous than many other criminal offenses.
Hate crimes in India
In India, Hate Crime is not a new concept. There are incidents related to these crimes since the very establishment of the nations which are majorly based on religion. Apart from the religious-bias crime, there is also the presence of caste and gender-based violence and the event marked the beginning of Hate Crime in India can not be pointed. As per a report by NCRB, India had the majority of hate crimes based on caste and religion, followed by gender bias increased at an alarming rate. In India, such as lynching Hate crimes and hate speech not only affect the victim but also the entire society alienated.
As per the report Hate Crime Watch as April 2019, there is a Hate Crime 282 that resulted in 100 deaths. 57% of Muslims in the majority of victims of crimes such incidents followed by Christians in 15% of cases and then Hindu, in 13% of cases. All this data shows an alarming level where the crime occurred and how it has rooted itself in the community.
Nature and Characteristics of Hate Crime
Hate crime is not like any other crime in India and has a sense of inherent bias motive that does not exist with other types of crime. There are certain qualities and characteristics of hate crime that makes differentiated from each other crimes and they are as follows:
1. Hate Crime though different in nature has always been based on the criminal crime and therefore establishes some form of punishment. This makes it a hate crime offense under domestic criminal law and crime and straightens it.
2. A hate crime is always motivated by bias. Only when there is a bias that criminals form of action becomes a hate crime. Factors that must be considered is the selection of victims based on prejudice based on religion, society, gender and the like.
3. Hate crime is an extreme form of discrimination. It is committed out of a few major differences present in the community against another that makes the former discrimination later and in terrible condition of committing crimes against them because of their bias.
4. In the case of hate crimes, the target is always an individual or group of individuals with common characteristics seen and results in a difference and bias.
5. Hate crime has a different level of events that range from vandalism physical violence and sometimes even murder. The gravity of hate crimes based on their brutality and cruelty of and their effect on society as a whole.
Given the current social crisis in India, cases of hate crimes are at record levels. There are many cases reported every day, which is alarming. The bigotness and discrimination back crime is not favorable to all our diverse cultures, because this makes it impossible for cohabitation. Given all this, there is an urgent need for separate legislation and strict implementation of procedures to limit crimes motivated by hatred biased. Laws such as “Manav Suraksha Kanoon” are required to run and strict action should be taken against those who violate the laws on hate crimes. It should be noted here that these crimes are fundamentally different from other types of violent crime and must be considered from a different angle and it is only through these measures can we curb cancer crimes motivated by hatred of our society.
Author: VAMSI KRISHNA GANGINENI,
IFIM LAW SCHOOL