This Article is written by Maria Binte Belal, a Law Graduate of Chandigarh University

1.1 Introduction:

Hate" is a deceptive word. This term "hate" as referred to in a hate offense statute does not refer to rage, passion, or general hatred. Within this sense, "hate" refers to bias directed towards individuals or groups who possess particular attributes that are legally defined. The perceived or actual race, color, religion, national origin, sexual orientation, gender, gender identity, or handicap of the victim are all covered under hate crime statutes at the federal level. Crimes based on sexual orientation, gender, gender identity, and disability are also covered under a few states hate crime legislation, in addition to crimes based on race, color, and religion. The "crime" in hate crimes is frequently a violent offense, such as arson, vandalism, assault, murder, or threats to commit such offenses. It might also include asking someone else to carry out such a crime or plotting to do so, even if the crime is never executed. Unlike most other types of crimes, hate offenses have a wider impact. Victims of hate crimes include not just the direct focus of the attack but also people who resemble them. Hate crimes have an impact on individuals, families, and sometimes the entire country.[1]

1.2 History of Hate Crime:

Hate crimes have their roots in prehistoric times. The Roman Empire, known for its persecution of various religious groups, includes one of the earliest recorded instances of such actions. According to several historical sources, Emperor Nero initially tolerated Christianity. However, following a massive fire in Rome in 64 AD, which he was accused of causing, Nero blamed the Christians for the disaster and ordered their execution. This led to a period of widespread violence against both Christians and members of other religious groups. A few hate crimes have been so severe that they have had global repercussions. The persecution of Jews by the Nazis is among the most prominent. Hitler's "Final Solution," which planned for the complete eradication of the Jewish people, resulted in the construction of extensive extermination camps. Millions of people were mass murdered during this terrible time in human history known as the Holocaust. In recent times, there have been instances of genocide, or attempts to wipe out an entire ethnic, racial, or religious group, in Rwanda and Bosnia. Small-scale hate offenses are repeatedly committed everywhere in the world. The majority of hate crimes in the USA have racial encouragement. These are mostly crimes of intimidation, violence, and vandalism. According to data from the Federal Bureau of Investigation, hate crimes in the US are increasing. Compared to 2005, there were 8% more crimes committed in 2006. These depressing statistics demonstrate that hate crimes are still a thing of the past, despite how far society has come[2].

1.3 Analysis of Hate Crime law in different Countries:

Hate Crime Law in the USA:

Under new legislation approved by US President Barack Obama, offenses encouraged by one's actual or perceived gender, handicap, sexual orientation, or gender identity are now considered hate crimes under federal law. At first, presented to Congress in 2001, the Matthew Shepard and James Byrd, Jr. Hate Offenses Prohibition Act honors two victims who were killed because of their sexual orientation. On October 22, 2009, the US Senate eventually passed it as a change to the 2010 Defense Authorization Act by a vote of 68 to 29. The Act outlines three primary requirements: First, to broaden the scope of federal hate offense protections to cover gender (both actual and perceived), disability, sexual orientation, and gender identity. Second, it includes modifications to. [3]

Hate Crime Law in the UK:

Hate crimes in England and Wales are not specifically considered crimes. Three legal strategies have been put in place to combat hate crimes: enhanced sentencing powers, which require judges to consider the issue that an offense associated with malice based on a protected characteristic is an aggravating issue when sentencing; and specific offenses that will always be classified as hate crimes, such as "incitement to racial hatred" and "racialist chanting". This could lead to a harsher penalty being meted out. Hate crimes in England and Wales are not specifically considered crimes.[4]

Hate Crime Law in India:

Despite the proscription against distinction based on religion, tribe, caste, sex, or place of birth in Article 14 of the Indian Constitution, hate offenses remain a significant problem in the country. Due to the diversity of hate crimes and the difficulty in classifying them into a single category, the Indian legal system falls short of defining them. The Indian Penal Code (IPC) prohibits hate speech in several sections, including 153A, 153B, 295A, 298, 505(1), and 505(2). These sections state that it is illegal to write or say anything that disparages or incites hatred towards any individual based on their race, religion, ethnicity, culture, language, territory, caste, group, or any other factor. Due to the diversity of hate crimes and the difficulty in classifying them into a single category, the Indian legal system falls short of defining them.[5]

1.4 Case Study

1. Two Men from Oklahoma were found guilty of Attacking a Black Man

Two males from Oklahoma entered guilty pleas and were sentenced to six and ten years in prison, respectively, for a racially motivated attack in Shawnee, Oklahoma. The two males are also required to pay $113,644.40 in reparations to the victim, which includes money for any necessary medical bills. A grand jury accused the defendants on January 18, 2022, of physically abusing a Black man and his white companion in the Brickhouse Saloon parking lot in Shawnee, Oklahoma, based on their race.[6]

2. Utah Man Sentenced for Hate-Motivated Attack

For hitting three men with a metal rod that he believed to be Mexican, A Utah man was sentenced to 20 years in jail. A guy called out workers in a tire store, claiming he was going to "kill Mexicans." Subsequently, he started striking the workers with a metal pole, gravely hurting the first sufferer, a teenager, in the head. The culprit used the metal rod to repeatedly attack the victim's father, a business owner, as he rushed to save his son. The owner of the company's brother rushed to intervene. Although he was not physically harmed by that, he still felt risked.[7]

3. Racist Abuse was Committed by Robert Stewart MP

Robert Stewart MP was the perpetrator of racist insults. On November 3, 2023, Westminster Magistrates' Court found an MP guilty of harassing a member of the public with racist remarks following a one-day trial. Robert Stewart MP, who had told a member of the public to go back home, was found guilty of a public order offense involving race. Anyone in the area at the time could have been harassed, alarmed, or distressed by this malicious approach. He was attending a function hosted by the Bahraini government when he made racist remarks to the victim outside the venue. Stewart was given £600 punishment; the judge said that amount would have been £400 if the hate crime he did not commit had not been so severe. According to Claire Walsh of the CPS, "the court determined that Robert Stewart's remarks constituted a racially aggravated offense." "In light of the CPS's evidence, which included the victim's testimony and witness video, the court rejected his claim that his comments were misinterpreted." Any form of hatred has no place in society, and if our legal requirements are satisfied, the CPS will not think twice about prosecuting individuals who commit hate crimes.[8]

4. Saroonagar Hate Crime Case

Mobin’s sister Syeda Ashrin Sultana is involved in a love relationship with Nagaraju. Syeda used to live near Hyderabad. Subsequently, Syeda’s family rejected the marriage proposal of Nagaraju. So, they got married by themselves on January 31, 2022. On the other hand, Syeda’s family lodged a missing complaint about Syeda at the police station. Subsequently, through the Police, they knew that Syeda got married to Nagaraju. Mobin used to believe that this marriage damaged their family's reputation because of interfaith marriage. So, he started to grudged against on them and tried to trace their address. One day, he finally found them. After several vain attacks on Nagaraju, one day they hit the head of Naga with an iron road. Due to this hit, it smashed the head of Naga. After that, Mobin fled along with his brother-in-law. Currently, Mobin is with the special branch because due process of police investigation it has been found in video footage that he is guilty.[9]

1.5 Challenges to Prevent hate crime:

India:

-Tensions between religious and ethnic groups: India is a multicultural nation home to a wide range of religious and ethnic traditions. Conflicts like these frequently result in violence and hate crimes.

-Social Order-based Distinction: Caste-based discrimination has a long history in India, and it has led to the marginalization of some communities and the commission of hate offenses against them.

-Absence of Political Will: Although rules and regulations have been put in place to combat hate crimes, there is not enough political will to properly enforce them, which has made it easier for these crimes to happen.

-Misinformation on Social Media: Hate speech and misinformation can exacerbate tensions and increase the likelihood that hate crimes will be committed.[10]

UK

- Personality explanations

In the mid-1900s, some therapists thought that people with strong influences against a specific category belonged to a type of personality known as "The Authoritarian Personality."This is also accepted by more modern theories, most notably Altemeyer's (1998) theory of right-wing authoritarianism. The main issue here is that some people's personal histories, whether from within or outside of their families, contribute to their excessive subservience to authority figures, their rigid adherence to traditional social norms, and their prejudice (or unfavorable attitudes) toward a variety of minority groups because, by definition, these groups can disagree with what is deemed "normal." -Intellectual justifications Other clinical approaches highlight the part that cognitive (mental) processes play in biased attitudes and feelings, particularly when it comes to group classification and stereotypes. According to this theory, people's attempts to explain, make sense of, and defend their social environments include the germs of prejudice.[11]

-Cognitive explanations

Other clinical approaches focus on the part that cognitive (mental) processes play in prejudice attitudes and feelings, particularly when it comes to stereotyping and group classification. According to this theory, people's attempts to explain, make sense of, and defend their social environments include the germs of prejudice. [12]

-Family and educational factors

It seems reasonable to assume that biased viewpoints are acquired through socialization within the family, media exposure, and other societal factors, just like any other attitudes. Interestingly, though, there isn't a lot of reliable direct evidence supporting these socializing impacts. There is generally limited evidence connecting prejudices between parents and children, possibly because the impact of peer group influences—often viewed as more significant—has not been fully recognized by researchers. Researchers have discovered relationships between people's levels of education and prejudice; a higher education level is associated with a lower level of prejudice.[13]

USA

-Thrill-seeking

A juvenile desire for excitement and drama can sometimes contribute to hate crimes. For instance, groups of young people, who might be under the influence of alcohol and seeking entertainment, may engage in disruptive and harmful behavior in their communities. Experts state that these crimes frequently have no actual justification. [14]

-Defensive

Offenders of these hate offenses believe they are "defending" their communities, workplaces, countries, or places of worship. In contrast to thrill-seekers who unexpectedly break into neighboring communities and assault, "defenders" specifically target victims and rationalize their criminal activity as a means of thwarting dangers. [15]

-Retaliatory

These tragedies, whether driven by hate crimes, terrorism, or slights against people, are often seen as acts of revenge. The "avengers," who often act alone, target members of the racial, ethnic, or religious group they believe committed the initial crime, even if the victims had nothing to do with it. Their only thought is vengeance, which they want to exact by invading the victims' territory. These "eye-for-an-eye" attacks are on the rise after terrorist activities, a resentful response that often targets Muslim Americans. For example, after the 9/11 attacks, hate offenses against Arabs and Muslims increased by 1,600%. Following the Paris attacks in 2015, there was a similar uptick. Sometimes, people who belong to the same racial or religious group will target one another.

-Mission offenders

These are the most lethal and not common kinds of hate offenses. These actions are often carried out by individuals who identify as 'crusaders,' typically advocating for racial or religious causes. Their objective is to eliminate any evidence of opposing races or beliefs and they are often linked to groups with similar extremist ideologies To maximize destruction, mission offenders research websites rife with violent imagery and hate speech, create extensive manifestos outlining their beliefs, and visit locations that hold the symbolic meaning for them.[16]

2.1 Recommendation

1. Campaigns to Increase Awareness: Educating people about the detrimental impacts of hate crimes on both individuals and society at large is the first step in combating these offenses. It is possible to inform the public about the negative effects of hate crimes and motivate them to report such instances through mass media campaigns and community engagement initiatives.

2. Community Involvement: In order to combat hate crimes, communities can be very important. One way to achieve this is by establishing areas where individuals can congregate and engage in candid conversations on the topics that separate them.

3. Use of Technology: The tracking and reporting of hate crimes can be enhanced by the use of technology. Creating online reporting platforms and employing data analytics to pinpoint hate crime patterns and hotspots are two examples of how to do this.

4. Program for Restorative Justice: The goals of restorative justice are to mend harmed relationships and restore trust between victims, offenders, and the community. These initiatives can help affected groups heal and come together in the wake of hate crimes.

5. Stricter Penalties: Applying harsher punishments to individuals who commit hate crimes is another strategy for combating this type of behavior Others who might be considering committing hate crimes may be discouraged by this.

2.2 Conclusion

In summary, laws against hate crimes would play a critical role in combating and preventing acts of violence, hostility, and discrimination motivated by bias and intolerance. These rules are essential to preserving the rights and dignity of marginalized people and advancing a welcoming, peaceful society. The government must work to demonstrate that hate crimes and other forms of violence driven by bigotry will not be accepted. The legal structure needs to have clauses and laws that, in addition to holding offenders accountable and stiffening the consequences for crimes motivated by hate, serve as a deterrence and promote an atmosphere of reciprocal respect and understanding.

References

[1] US Department of Justice, 'Learn About Hate Crimes' (US Department of Justice) https://www.justice.gov/hatecrimes/learn-about-hate-crimes accessed 7 September 2024.

[2] Crime Museum, 'History of Hate Crime' (Crime Museum) https://www.crimemuseum.org/crime-library/hate-crime/history-of-hate-crime/ accessed 7 September 2024.

[3] USA: New legislation extends hate crime law to cover gender, disability, sexual orientation, and gender identity (NOW, 28 October 2009) https://now.org/media-center/press-release/now-applauds-passage-of-landmark-hate-crimes-legislation/ accessed 7 September 2024.

[4] Mark A. Walters, Rupert Brown, and Susann Wiedlitzka, Causes and Motivations of Hate Crime (Equality and Human Rights Commission, 2016) https://www.equalityhumanrights.com/sites/default/files/research-report-102-causes-and-motivations-of-hate-crime.pdf accessed 8 September 2024.

[5] Anik Advocate, 'Laws on Hate Crime in India' (Prime Legal, 23 July 2023) https://blog.primelegal.in/laws-on-hate-crime-in-india/ accessed 7 September 2024.

[6] Hate Crimes Case Examples, U.S. Department of Justice (2022) https://www.justice.gov/hatecrimes/hate-crimes-case-examples accessed 8 September 2024.

[7] ibid

[8] BBC News, ‘London Teenager Dies After Stabbing’ (12 September 2023) https://www.bbc.com/news/uk-england-london-67310954.amp accessed 8 September 2024.

[9] The Hindu, ‘Two Sentenced to Life in Jail for Murder of Man After Inter-faith Marriage in Hyderabad’ (The Hindu, 12 October 2023) https://www.thehindu.com/news/national/telangana/two-sentenced-to-life-in-jail-for-murder-of-man-after-inter-faith-marriage-in-hyderabad/article67389331.ece/amp/ accessed 9 September 2024.

[10] Anik Advocate, 'Laws on Hate Crime in India' (Prime Legal, 23 July 2023) https://blog.primelegal.in/laws-on-hate-crime-in-india/ accessed 9 September 2024.

[11] Mark A. Walters, Rupert Brown, and Susann Wiedlitzka, Causes and Motivations of Hate Crime (Equality and Human Rights Commission, 2016) https://www.equalityhumanrights.com/sites/default/files/research-report-102-causes-and-motivations-of-hate-crime.pdf accessed 9 September 2024.

[12] ibid

[13] ibid

[14] Daniel Burke, ‘The Four Reasons People Commit Hate Crimes’ (CNN, 12 June 2017) https://edition.cnn.com/2017/06/12/us/hate-crimes-explainer/index.html accessed 9 September 2024

[15] ibid

[16] ibid