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Law on Hate Crime in India
Introduction Hate crimes are defined as criminal acts that are motivated by hatred, hostility and prejudice on the basis of race, ethnicity, gender, sexual orientation, religion, national origin and other characteristics. In India, hate crimes are a growing problem that has been largely ignored by the authorities and have been increasing in recent years. This paper will examine the legal framework in India for hate crimes and the impact of these crimes on the society. Legal Framework The Indian Penal Code (IPC) is the primary law governing criminal offenses in India. It provides for a range of punishments for various offenses, including hate crimes. Section 153A of the IPC criminalizes hate speech and provides for punishment of up to three years imprisonment or a fine, or both. Section 295A of the IPC specifically penalizes deliberate and malicious acts which are intended to outrage religious feelings and provides for imprisonment of up to three years, or a fine, or both. The Indian Penal Code also provides for the protection of certain groups from hate crimes through the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. This Act provides for the protection of Scheduled Castes and Scheduled Tribes from any offence which is committed with the intention of dishonoring or outraging the feelings of these communities. The Act also provides for enhanced punishments for offences committed against these communities. In addition to the Indian Penal Code, the Indian Constitution also guarantees the right of all citizens to be free from discrimination on the basis of caste, religion, race, sex, place of birth, and other grounds. This is provided for in the Fundamental Rights, which are enshrined in Part III of the Constitution. Impact of Hate Crimes Hate crimes have a wide range of impacts on the society, ranging from physical injury to psychological trauma to social exclusion and marginalization. These impacts can be particularly severe for vulnerable or minority communities, who may already experience marginalization and discrimination in their daily lives. Hate crimes can also lead to a heightened sense of insecurity amongst members of minority communities. This can lead to an increase in self-censorship and a decrease in the willingness of members of minority communities to participate in public life. This can lead to a decrease in the diversity of opinion and perspectives in public discourse, as well as a decrease in the level of trust between different communities. Hate crimes also have an economic impact, as they can lead to a decrease in the productivity of the affected communities. This can have a negative impact on the overall economy, as it can lead to a decrease in the overall economic growth. Conclusion Hate crimes in India are a growing problem that has been largely ignored by the authorities. The legal framework in India for hate crimes is inadequate and does not adequately address the issue. In order to effectively combat hate crimes, the government needs to take proactive measures to address the problem. This includes strengthening the legal framework, increasing awareness and education about hate crimes, and increasing the punishment for such crimes. It is also important to ensure that members of minority communities are able to access justice and are not subjected to further discrimination or marginalization. Only through these measures can we hope to effectively address the issue of hate crimes in India.
Sophie Asveld
February 14, 2019
Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.
Sophie Asveld
February 14, 2019
Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.