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Understanding Hate Crimes and Lynching in India

Oct 7, 2024

Lecture Notes on Hate Crime and Lynching in India

Overview

  • Recent acquittal of all accused in the PUK Khan lynching case raises concerns about violence and lynchings in society.
  • Discussion around the term "mob lynching" versus individual acts of violence.
  • Importance of defining these acts as hate crimes rather than just mob violence.

Speaker Introduction

  • Name: Moson Alamud
  • Position: Assistant Professor of Law, Queen Mary University of London.
  • Experience: Worked on hate crime issues and minority rights since 2017, focusing on lynching violence against minorities and Muslims in India.

Historical Context

  • The term "riots" traditionally used in India to describe mass violence, often misleading as it implies clashes rather than targeted violence against minorities.
  • Since 2014, there has been an increase in violence against individuals, particularly Muslims, under various pretexts like cattle trading and cow slaughter.

Hate Crime Definition

  • Hate crimes defined internationally as acts motivated by hostility towards a victim's identity (racial, ethnic, or religious).
  • In India, laws similar to hate crime include:
    • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
    • Laws against violence towards women as a form of hate crime.

Documentation and Data Collection

  • Importance of tracking hate crimes to hold the government accountable and support victims.
  • Civil society plays a crucial role in documenting incidents, often using newspaper articles and fieldwork for evidence.
  • Recording of hate crime data is inadequate in India; the National Crime Records Bureau (NCRB) does not maintain such records.
  • The need for rigorous data collection to understand the experiences and safety concerns of vulnerable communities.

Current Trends in Violence

  • Shift from large-scale communal riots to more individualized, targeted hate crimes.
  • Increased fear and socio-economic disruption in communities affected by lynching incidents.
  • Examples of pretexts for violence include:
    • Cow protection vigilante actions.
    • Allegations of interfaith relationships.

Legal Framework and Challenges

  • Current laws address mob lynching but fail to fully capture the nature of hate crimes.
  • Issues with the legal definition of mob lynching that may overlook individual acts of violence.
  • Need for better police training and systems to support victims.

Recommendations for Addressing Hate Crimes

  1. Recognize hate crime as a problem of identity-based hostility.
  2. Integrate hate crime provisions into the policing and justice system.
  3. Establish a rigorous data collection system at the NCRB.
  4. Provide rehabilitation and support systems for victims.
  5. Explore comparative studies with other countries that have effective hate crime laws.

Conclusion

  • Emphasizes the need for a human-centered approach to understanding hate crimes.
  • Encourages future research by students and social scientists to explore the psychosocial impacts of hate crimes and broader historical contexts.