Legal Measures Against Discrimination and Hate Crimes
- ByAdmin --
- 06 May 2025 --
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In any democracy, protecting individuals from discrimination and hate crimes is central to ensuring equality, dignity, and justice. India’s legal system has evolved multiple constitutional, statutory, and judicial mechanisms to combat discrimination based on caste, religion, gender, race, or ethnicity and to address hate crimes.
Constitutional Safeguards Against Discrimination
- Article 14: Guarantees equality before law and equal protection of laws.
- Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
- Article 16: Ensures equality of opportunity in public employment.
- Article 17: Abolishes untouchability and forbids its practice in any form.
- Article 21: Provides for the right to life and personal liberty, interpreted to include dignity and safety.
These provisions form the bedrock of anti-discrimination law in India.
Key Legislations Addressing Discrimination and Hate Crimes
1. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
- Special legislation to prevent atrocities against members of SC/ST communities.
- Recognizes specific offenses such as social boycotts, physical violence, and economic exploitation as criminal acts.
- Provides for Special Courts for speedy trials.
2. Protection of Civil Rights Act, 1955
- Penalizes the practice of untouchability in any form.
- Addresses discrimination in public spaces, religious sites, and employment.
3. Indian Penal Code (IPC), 1860 Provisions
- Section 153A: Punishes promoting enmity between groups on grounds of religion, race, etc.
- Section 153B: Punishes imputations or assertions prejudicial to national integration.
- Section 295A: Punishes deliberate and malicious acts intended to outrage religious feelings.
- Section 298: Criminalizes utterances that hurt religious sentiments.
4. The Representation of the People Act, 1951
- Section 123(3): Deems promotion of hatred or enmity between different communities during election campaigns as a corrupt practice.
5. The Transgender Persons (Protection of Rights) Act, 2019
- Prohibits discrimination against transgender individuals in education, employment, healthcare, and public services.
6. Equal Remuneration Act, 1976 (now under the Code on Wages, 2019)
- Ensures that men and women workers are paid equally for the same work.
Judicial Response and Important Cases
- Navtej Singh Johar v. Union of India (2018):
- Decriminalized consensual homosexual acts, emphasizing equality and non-discrimination under Article 15.
- Indian Young Lawyers Association v. State of Kerala (Sabarimala case, 2018):
- Supreme Court struck down the ban on entry of women of menstruating age into the Sabarimala temple, calling it discriminatory and unconstitutional.
- Supreme Court struck down the ban on entry of women of menstruating age into the Sabarimala temple, calling it discriminatory and unconstitutional.
- Hinsa Virodhak Sangh v. Mirzapur Moti Kuresh Jamat (2008):
- Supreme Court emphasized that hate speech and incitement to violence are not protected under freedom of speech.
- Supreme Court emphasized that hate speech and incitement to violence are not protected under freedom of speech.
- Tehseen S. Poonawalla v. Union of India (2018):
- Supreme Court issued guidelines to curb lynching and mob violence, recognizing it as a violation of fundamental rights.
Challenges in Legal Enforcement
- Underreporting: Victims often hesitate to report hate crimes due to fear of retaliation or lack of faith in the system.
- Delayed Justice: Slow investigation and trial processes reduce the deterrent effect of laws.
- Political Complicity: Sometimes, hate crimes are politically motivated, leading to selective enforcement of laws.
- Social Prejudices: Laws alone cannot eliminate deep-rooted biases in society.
Recent Initiatives and Developments
- Criminal Law (Amendment) Act, 2013: Expanded definitions of sexual violence and introduced stricter punishments post the Nirbhaya case.
- Supreme Court’s Direction on Lynching: Mandated appointment of nodal officers in every district to prevent mob violence.
- Draft Anti-Lynching Bills: Some states like Rajasthan and Manipur have passed bills specifically targeting lynching, although a central law is still awaited.
Conclusion
Legal measures against discrimination and hate crimes in India are robust but require vigorous implementation, political will, and societal change. Beyond punitive actions, there is a need for sensitization, education, and proactive law enforcement to create a truly inclusive and respectful society.
Laws can create accountability and justice, but real change demands a transformation in collective societal attitudes.
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