Hate crime is a prejudice-motivated crime that any prosecutor targets a victim or any social group for instance that is exclusively limited to sex, ethnicity, disability, language, physical appearance, or sexual orientation. Certain more actions are Non-criminal and are motivated by this group of bias incidents or social groups.
The criminal acts which are seen to be motivated against one group or the other that is motivated by the bias in the social group that prevails widely. Such, Incidents are, for instance, physical assault, damage property, bullying, harassment, or insults, mate crime, or offensive or hate letters. Any hate crime law is a law based on bias-motivated violence on any social group or an individual. Such laws are distinct from laws against hate speech which enhance the penalties with conduct which is already mentioned criminal and under other laws. Hate crimes are regulated through different types of threats or death.
DEFINITION OF HATE CRIME;
The basic Hate crime is harassment, intimidation, or physical violence that is motivated by a bias against any of the victim considered who is integral to his social identities, such as his race, ethnicity, or religion. Some are called relatively hate-crime laws also which include sexual orientation and mental or physical disability. Nevertheless, in the 21st century, civil rights organizations around the world were applying the term hate crime broadly to describe bias crimes involving various characteristics used to differentiate social groups.
HISTORY OF HATE CRIME
The hate crime was committed against the oppressed members decades ago, which were highly pushed by the biases against each community by making it different and more significant and dangerous than any other crime.
The concept of hate crime came into existence in the late 1970s in the united states but, such crimes even occurred before that, Roman persecution of Christians and the Nazi slaughter of Jews being imminent examples of the same.
When the term “hate crimes” was first used by the OSCE, the Ministerial Council where the member states recognized it and made commitments to make legislations to curb such crimes. Hate Crimes are not like any other crime in India and have a sense of biases attached to the motive which is not there with any other type of crime. Some of the most imminent examples of hate crimes include lynching or assaults on LGBTQ Community.
Nature of Hate Crimes
Hate crime in India has prevailed a sense of bias attached to it in the form of motive which ends up in a criminal act. There is a certain characteristic of hate crime and are as follows;
- Hate Crimes is always primarily based, on against the law this is penal and consequently imposes a few forms of punishment. This makes hate crime an offense beneath domestic criminality.
- A hate crime is usually, motivated by the biases that later form into hate crime. It is determined that the choice of a sufferer shall be based on prejudice-based totally upon his religion, network, gender, etc.
- Hate crimes are an excessive form of discrimination. It is devoted out of a few huge distinction gifts in the network against the alternative which makes the former discriminate the later and in dire circumstance/effects commit crimes against them because of their biases.
- In the case of Hate crimes, the target is always an individual or a group of individuals with common nature that are visible and ends up in the differences and biases.
- Hate crimes have a varying degree of occurrences which stages from vandalism to bodily abuse and even on occasion homicide. Its gravity is based upon cruelty and brutality which have an effect on society as a whole.
Hate crimes may have significant and widening psychological consequences, directly or indirectly to the victim and others as well. In the US the study says lesbians and gays are the main victims of hate crime. In the U.S the study says that lesbian and gay victims have experienced a higher level of psychological distress, including symptoms of depression and anxiety than lesbian and gay victims of comparable crimes which were not motivated by antigay bias.
The list of manual impacts are effects are as follows:-
Impact on the individual victim;
Psychological and affective disturbances; repercussions on the victim’s identity and his vanity; each degree of violence, that’s typically more potent than that of a not unusual crime.
Effect on the targeted group;
In the terror groups which the victim belongs, inspiring feelings of vulnerability among its other members, who could be the next hate crime victims.
Effect on other vulnerable groups
Their consequences are ominous effects on the minority groups or on groups that identify themselves within a specific targeted group, especially when the hate is based on an ideology or a doctrine that preaches against several parts and groups in every sphere.
Effect on the community as a whole
The division arising in response to hate crimes is particularly damaging to multicultural societies in various parts. Such as in victims it can develop depression and psychological trauma. Hence, men’s rea and actus rea plays an important role.
Towards an Anti-Hate Crime Approach
The pivotal need and urge for the government, civil society, and representatives of marginalized groups to get together and work on what the specifics of anti-hate crime measures should look like, including the prohibition of these crimes in law as part of broader policies aimed at remove discrimination.
Firstly, the authorities have to ensure that the law is broad enough to include all different offenses that can be committed with a discriminatory motive, and not limit it only to ‘lynching’, as the law can only address crimes like, assault and murder. The base offenses should therefore also include; harassment, property damage, and importantly, sexual violence, among others.
Secondly, due consideration should be given to how hate crimes would be incorporated into criminal codes. A way is to recognize it as a distinct form of crime. Another could be while considering the discriminatory motivation as an aggravating factor to existing crimes in the present scenario. Dealing such crimes requires an analytical and comprehensive approach where the criminal justice system from the stage of police to prosecuting and judicial authorities is well trained to document these crimes and listen to the victims.
“The economy is in dire straits, and there isn’t even an acknowledgment,’’ said Zoya Hasan, a former professor of political science in New Delhi. “They are in complete denial.’’
- “The state denies that these crimes are happening,” said Vrinda Grover, a lawyer in the Indian Supreme Court.
- Vasudha Gupta, a spokeswoman for the Home Affairs Ministry, concluded that the “anti-national elements” category could be included, but not the others. “Everything is based on fact,” she said. “We do not have opinions.”
- “They are suppressing it very blatantly and very shamelessly,” said Roma Malik, a tribal rights activist. “The government is shutting down voices of dissent and shrinking democratic space.”
India has witnessed a sudden rise in the reporting hate crime incidents in contemporary times. Generally, incidents involve violence against an individual or a group, of a particular social group, by mobs, mainly on religious matters, which create turmoil in the overall Social groups and Structure. The crime is motivated by hate that is mainly aimed at sending a message to a particular group of society to create fear and make a statement in any utterance. According to the Organization on Security and Co-Operation in Europe (OSCE), such associated Hate crimes are criminal acts devoted to a bias motive. Also referred to as a “bias-motivated crime” or “bias crime” they may be no longer described as a prison offense however as a concept that takes place while a wrongdoer targets a sufferer of a specific social group.
Considering the existing turmoil in India, cases of hate crimes are on the highest record. There are several instances pronounced daily, that’s is to be alarmed approximately. Considering the urgent need for separate legislation and the strict procedure has been implemented to curb if any further situation arises. Such crime is a discriminatory crime and under no circumstances conducive for our heterogeneous tradition because this makes cohabitation next to not possible. Laws together with “Manav Suraksha Kanoon” are needed to be enforced and strict actions ought to be taken towards violators of hate crime laws. It is observed here that, these crimes are fundamentally different from other types of violent crime, and therefore, should be looked at from a different angle so, that we can curb hate crimes out of our society.