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Hate Crimes under Indian Penal Code
« »25-Dec-2023
Source: Mint
Introduction
These days hate crimes are evolving through TV debates, social media, and other search sites. This information is reaching the youth of India in a way that may lead to enmity among the minds of youngsters. India already has a penal law to punish acts related to several reins which may lead to hate crimes.
What are Hate Crimes?
- Hate crimes are criminal acts committed against individuals or groups because of their race, religion, ethnicity, nationality, sexual orientation, gender identity, or other protected characteristics.
- These offences are motivated by prejudice, bias, or hatred towards the victim's perceived membership in a particular social group.
What are Sections in India Penal Code, 1860 (IPC) for Hate Crimes?
- Section 153A:
- It covers acts prejudicial to maintenance of harmony.
- Section 153A of the IPC deals with acts that promote enmity between different groups on various grounds, including religion, race, place of birth, residence, language, and more.
- It makes it an offence to engage in activities that disrupt communal harmony, and those found guilty can face imprisonment.
- Imprisonment under this Section may extend to three years or fine or both.
- Section 153B:
- It covers acts related to imputations; assertions prejudicial to national integration.
- Imprisonment under this Section may extend to three years or fine or both.
- Section 295A:
- This section targets actions that are deliberately intended to outrage religious feelings.
- It acknowledges the potential for harm arising from acts that insult or attempt to insult the religious beliefs of any class of citizens.
- Individuals found guilty under Section 295A can face imprisonment which may extend to three years or a fine or both.
- Section 298:
- Similar to Section 295A, Section 298 deals with uttering words with the deliberate intent to wound the religious feelings of any person.
- This provision aims to curb speech that can incite hatred or lead to the disturbance of public order.
- Imprisonment under this Section may extend to one year or fine or both.
- Section 505(2):
- Section 505(2) focuses on statements that create or promote enmity, hatred, or ill-will between different classes of citizens.
- This includes statements made with the intent to disrupt public tranquility and can result in legal consequences.
- Imprisonment under this Sub-section may extend to three years or fine or both.
What are Facts and Figures about Hate Crimes in India?
- According to the National Crime Records Bureau (NCRB) report, there was a 1.2% rise in crimes against Scheduled Castes in 2021, with the number of cases increasing from 50,291 in 2020 to 50,900 in 2021.
- However, the report that came in 2023 showed that a 45% increase in reporting of hate crimes in 2022.
Conclusion
The IPC includes provisions aimed at preventing and punishing hate crimes, recognizing the importance of maintaining social harmony and protecting vulnerable groups. However, continuous efforts are needed to address the evolving nature of hate crimes and to ensure that legal frameworks remain effective in safeguarding the rights and dignity of all citizens.