Is there a need for a special law on Hate Crimes?
- Kunwar Digvijay Singh Thakur
- June 22, 2020
Content :
India is home to a plethora of cultures, ethnicities, civilizations and religions. Conventionally, it is believed that differences & disagreements are inevitable elements of any vibrant population staying together under a common shade but respecting these differences determines their peaceful co-existence as a harmonized society. But recently, this sub-continent has witnessed a rise in the incidents of hate crimes especially against minorities. Hate crimes are intolerance or prejudice-motivated crimes committed against the person or property of the members (actual or perceived) of particular social groups. The actual or perceived social identity of the victim may be linked to an immutable characteristic such as race, sex, ethnicity, sexual orientation or disability or may even derive from non-immutable features such as religion, language or nationality. By making ‘motive’ a determinative factor in establishing the guilt of the perpetrator, hate crimes constitute an anomaly in the field of criminal law. Various international actors have joined their hands to formulate certain legal frameworks and provisions to effectively deal with such crimes. Indian legislation does provide protection to its under-empowered citizens against discrimination or such prejudiced inflictions under provisions of IPC and CrPC but the complexity of problem, lackadaisical approach of legislators and a majoritarianism mindset, have been the prime impediments in tackling the hate crimes issue effectively.
