Dr. Jay Kumar Bhongale (Bharati Vidyapeeth Deemed to be University, New Law College, Pune) & Saheli Chakraborty (New Law College Bharati Vidhyapeeth University) have posted Hate Crimes in India: A Call for Systematic Change (Education and Society, Vol-46, Issue-02, January-March: 2023) on SSRN. Here is the abstract:
Hate crime is a global phenomenon, and India is no exception. These crimes are not only a violation of an individual's rights but also a threat to the entire community. Hate crimes are those crimes that are committed against someone because of their race, religion, nationality, ethnicity, sexual orientation, gender, or any other characteristic that defines their identity. In India, the legal framework for hate crime is provided by a combination of provisions in the Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and special laws to deal with specific crimes. The IPC has provisions dealing with offenses like murder, assault, and defamation that can be categorized as hate crimes if committed on the basis of identity. This article aims to explore the legal framework of hate crime in India, including the challenges faced in its enforcement. The researcher will also focus on various judicial decisions to understand hate crimes in judicial aspects. The first part of this research article deals with the nature and origin of hate crimes as well as the psychology behind hate crimes in India. Later part is dealing with judicial interpretation, various observations relating to hate crimes, and their implications and rationale to have a deep understanding and research about the present topic.