-Ms. Kumail Fatima
Advocate, High Court of Delhi
LL.M, Jamia Hamdard University
A Disturbing Reality
In recent years, India has been grappling with an alarming increase in hate crimes, racial and ethnic prejudice, mob lynchings, and the use of slurs targeting minorities. While these incidents have become a grim part of daily news, one pressing question lingers: why is the government remaining silent on this issue?
Jo dil ko hai ḳhabar kahīñ miltī nahīñ ḳhabar
Har subah ik azaab hai aḳhbār dekhnā
-Abdullah Aleem Obaidullah
Defining Hate Crimes: Unveiling the Motive
To understand the gravity of the situation, we must first grasp the concept of hate crimes. These are acts of criminal violence driven by prejudice, bigotry, or hatred towards a victim's perceived qualities, such as their race, religion, ethnicity, nationality, sexual orientation, gender identity, or disability. Hate crimes can take various forms, including physical violence, verbal abuse, harassment, intimidation, and vandalism. What sets them apart is their motivation rooted in the perpetrator's bias against the victim's characteristics.
Recent Incidents: A Troubling Pattern
Several recent incidents have shed light on the escalating hate crimes in India. A viral video from a school in Uttar Pradesh revealed a teacher encouraging students to target a Muslim student with racial and religious epithets. A horrific incident on July 31st near the Palghar railway station in Maharashtra, India, has sent shockwaves through the nation. A Railway Protection Force (RPF) constable, Chetan Singh, shot and killed four individuals on a train, including an assistant sub-inspector (ASI) and three Muslim passengers. The incident has raised profound concerns about hate crimes, religious tensions, and mental health issues within India's law enforcement. What makes this incident even more chilling is the hate-filled rant that Singh engaged in after one of the killings. He rested the hilt of his weapon on a seat and went on a diatribe against Muslims, asking bystanders to record it for the media. Singh's hateful words were deeply alarming and reflected an extremist mindset. In a session of the House of Representatives a Member of Parliament made Islamophobic remarks about a fellow MP. These incidents not only cause physical harm but also sow seeds of anxiety and discord within communities. Hate crimes, driven by religious or ethnic biases, have become a worrying trend in India. This incident adds to the growing body of evidence that underscores the urgency of addressing this issue to protect vulnerable communities and maintain social harmony.
Not Limited to One Group: A Broader Concern
It's important to note that hate crimes aren't exclusive to one minority group; multiple communities in India face this challenge. The United Christian Forum (UCF) reported an increase in hate crimes against Christians, raising serious concerns about the safety of religious minorities. The government's response, as per UCF, fails to acknowledge the severity of the issue. Additionally, there have been reports of fake police cases against Christians and inadequate investigations, exacerbating the challenges faced by this community.
The statistics on hate crimes against various minority groups in India, as reported by Amnesty International, reveal a concerning trend of violence and discrimination. These numbers shed light on the magnitude of the issue and raise important questions about the adequacy of the police response.
Hate Crimes Across Multiple Minority Groups:
● Dalits: With 619 reported hate crimes from 2015 to 2019, Dalits face a significant threat to their safety and dignity.
● Muslims: The 196 reported hate crimes against Muslims to illustrate the challenges faced by this religious minority.
● Adivasis: While the number is lower, 31 reported hate crimes against Adivasis highlight issues within this marginalized community.
● Transgender People: The 29 instances of hate crimes against transgender individuals underscore the discrimination faced by this vulnerable group.
● Christians: The 18 reported hate crimes against Christians raise concerns about religious-based violence.
International Concern: The UN Special Rapporteur's Warning
On September 20, 2023, the United Nations Special Rapporteur on Minority Issues, Fernand de Varennes, highlighted a troubling trend in India—a "steady" and "alarming" erosion of fundamental rights, particularly those of religious and other minorities. The situation was described as "massive, systematic, and dangerous." Abraham Cooper, the chair of the United States Commission for International Religious Freedom (USCIRF), drew attention to the increasing violence and intimidation against various minority groups in India. USCIRF chair Abraham Cooper claimed that Muslims, Sikhs, Christians, Dalits, and Adivasis are experiencing "increased levels of attacks and acts of intimidation" in India. The use of terms like "massive," "systematic," and "dangerous" in describing the situation implies that there is a widespread and organized pattern of violations against minorities. This raises alarm about the scale and severity of these violations.
Legal Aspect
The persecution of minorities in India is violating several constitutional rights of Indian minorities. India is a secular democracy with a strong commitment to protecting the rights of its minority communities and declares itself a “Secular” state. The term "secular" in the Indian Constitution, as mentioned in the Preamble, signifies a core principle of India's democratic and constitutional framework. It reflects the commitment of the Indian state to maintain equal distance and impartiality towards all religions, treating them without any discrimination and ensuring that religion does not play a role in the functioning of the government. Secularism also means upholding the freedom of individuals to practice and profess their religion of choice. It ensures that citizens have the right to follow any religion or none at all, without facing discrimination or hindrance from the state and what we are seeing these days is the opposite.
Article 14: This article guarantees equality before the law and equal protection of the law to all persons, including minorities. Present conditions are leading to the violation of their Fundamental Rights.
b. Article 21: This article guarantees the right to life and personal liberty to every person. Persecution or violence against minorities infringe upon this fundamental right.
c. Article 25-28: These articles protect the right to freedom of religion and allow every religious denomination or any section thereof to manage its affairs.
Urgent Need for Action
In conclusion, the noteworthy concerns expressed by the United Nations Special Rapporteur on Minority Issues and the chair of the United States Commission for International Religious Freedom (USCIRF) about the deterioration of fundamental rights and the escalating violence targeting minority communities in India holds substantial importance and merit due consideration. The aforementioned concerns, expressed by esteemed international organizations, emphasize the significance of protecting human rights and religious liberties. The demand for accountability and restoration by the international community is crucial in resolving instances of human rights breaches. However, the attainment of substantial transformation frequently necessitates a comprehensive strategy encompassing both domestic and foreign endeavors.