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Context

Rise in hate crimes in India, including mob lynchings, targeted communal violence, and inflammatory hate speech, threatens the nation's social fabric and constitutional values of equality and secularism.  

What are Hate Crimes in India?

Hate crimes are criminal acts motivated by prejudice against a group's identity. Unlike conventional crimes, a hate crime targets an individual as a community representative, aiming to intimidate the entire group.

In India, hate crimes, though not defined legally, are differentiated by motive: violence based on a victim's religion, caste, ethnicity, race, or gender identity, not their actions.  

Status of Hate Crimes in India 

Tracking hate crimes is difficult because the National Crime Records Bureau (NCRB) stopped collecting specific data on lynchings, religious killings, and hate crimes after 2017, citing reliability issues. 

Rising Incidents: Between June 2024 and June 2025, the Association for Protection of Civil Rights (APCR) and the Quill Foundation reported 947 hate-related incidents, including 602 hate crimes and 345 instances of hate speech. 

• Religious minorities were the main targets of violence and hate speech.

Hate Speech as a Precursor: Data indicates a strong correlation between hate speech and subsequent violence. India Hate Lab, a research group, recorded 1,165 in-person hate speech events in 2024, a 74.4% increase from 668 events in 2023.

• Political rallies and religious processions were major platforms for such speeches.

NCRB Data on Related Offences: While not direct hate crime data, the NCRB's 'Crime in India 2022' report revealed a 45% increase in cases registered under IPC Section 153A (promoting enmity between groups) between 2021 and 2022. 

• A total of 1,444 such cases were registered in 2022, with the highest numbers in Uttar Pradesh (217), Rajasthan (191), and Maharashtra (178) (Source: NCRB, 2023).

What are the Root Causes Behind Hate Crimes in India?

Historical Prejudices

Deep-seated social hierarchies based on caste and religion continue to fuel discrimination and violence. Historical conflicts and colonial-era "divide and rule" policies have left lasting fissures in society.

Political Polarization and Identity Politics

Political actors use "us versus them" narratives and hate speech for electoral gains, escalating communal tensions and promoting a climate of fear and hostility to mobilize vote banks.

Economic Anxiety and Competition

Competition for resources, such as jobs and housing, create hostility, particularly against migrant workers and minority groups who are scapegoated for economic problems.

Role of Social Media

Digital platforms are potent spreaders of misinformation, propaganda, and hate speech. Unverified rumors, especially on platforms like WhatsApp, have been directly tied to inciting mob violence and lynchings.

Weak Legal and Institutional Framework

Absence of a specific law defining and penalizing hate crimes creates legal gaps, and the resulting low conviction rates promote a sense of impunity among perpetrators.

What are the Impact of Hate Crimes on Indian Society?

Social Fragmentation

These crimes deepen social divisions, erode trust between communities, and undermine the secular and pluralistic fabric of the nation.

Psychological Trauma

Victims and their communities experience long-term psychological trauma, including fear, anxiety, and a sense of alienation. This fear restricts their freedom of movement, expression, and worship.

Erosion of Trust in State Institutions

 Inadequate response from law enforcement and the justice system leads to a loss of public faith in the state's ability to protect its citizens.

Economic Deterrence

Business leaders have warned that rising social instability and hate crimes could damage India's long-term growth by discouraging investment and exacerbating unemployment.

Damage to India's Global Image

Rising intolerance and violence against minorities tarnish India's reputation as a tolerant, democratic nation and attract criticism from international bodies like the UN..

Framework to Address Hate Crimes

Constitutional Foundation

• Article 14: Guarantees equality before the law and equal protection.
• Article 15: Prohibits discrimination based on religion, race, caste, sex, or place of birth.
• Article 19(1)(a) & 19(2): Guarantees free speech but allows "reasonable restrictions" in the interests of public order, decency, and to prevent incitement to offences.
• Article 21: Guarantees the right to life and personal liberty, which the courts have linked to protection from targeted group violence. 

Bharatiya Nyaya Sanhita (BNS)

The BNS, 2023 (replacing the IPC) contains several provisions used to prosecute hate-related offences, though it still lacks a standalone definition for "hate crime". 

• Section 103(2) (New): Explicitly addresses mob lynching. It mandates that if a group of five or more people commits murder on grounds of race, caste, community, sex, language, or personal belief, each member faces life imprisonment or the death penalty.
• Section 196 (formerly 153A IPC): Criminalizes promoting enmity between different groups on grounds of religion, race, language, etc., and doing acts prejudicial to harmony.
• Section 299 (formerly 295A IPC): Penalizes deliberate and malicious acts intended to outrage the religious feelings of any class.
• Section 353 (New): Targets the publication of false or misleading information that could jeopardize national sovereignty or lead to communal discord. 

Specialized Statutes

• SC/ST (Prevention of Atrocities) Act, 1989: The most robust "hate crime" law, protecting Dalits and Adivasis. It mandates Special Courts, bars anticipatory bail, and penalizes public servants for willful neglect of duty.
• Protection of Civil Rights Act, 1955: Specifically addresses the practice of untouchability.
• Representation of the People Act, 1951: Disqualifies candidates convicted of promoting enmity between classes during elections. 

State Legislation

Some states are introducing more specific laws to fill federal gaps. For example, the Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025 proposes:

• Explicit Definitions: Covering injury or disharmony based on religion, gender identity, and sexual orientation.
• Collective Liability: Holding heads of organizations accountable if hate speech is linked to their group.
• Higher Penalties: Proposing imprisonment of up to 10 years for severe violations. 

Judicial Interventions

• Tehseen Poonawalla vs Union of India (2018): Supreme Court called mob lynching a "horrendous act of mobocracy" and issued extensive guidelines for its prevention and remediation.  
• Suo Motu Action Mandate (2022): Supreme Court ordered police in several states to take immediate suo motu action against hate speech offenders without a formal complaint, treating any delay as contempt of court.

What are the Challenges in Addressing Hate Crimes?

Lack of a Specific Definition

Laws lacks a unified definition of "hate crime." Offences are prosecuted under fragmented BNS provisions focused on "public order" rather than bias-motivated harm against individuals.

Subjectivity and Misuse

Vague terms like "injury" or "disharmony" allow subjective judicial interpretation, often resulting in laws being used to suppress political dissent instead of addressing genuine hate speech.

Under-reporting by Victims

Victims often do not report crimes due to fear of reprisal, lack of trust in the police, or the trauma of the event itself.

The "Statistical Blind Spot"

National Crime Records Bureau (NCRB) lacks a distinct hate crime category, merging identity-based violence into generic "rioting" or "group clashes," which obscures the actual scale of the problem.

Law Enforcement Challenges

Police often lack the sensitivity and training to identify bias motivations in crimes, and political pressure hinder proper investigation.

Systemic Bias

Incidents of a "clear bias" in law enforcement, where victims are sometimes detained while perpetrators enjoy impunity, particularly in incidents involving cow vigilantism or interfaith relationships.

Low Conviction Rate

Conviction rate for cases filed under Section 153A was only around 20% in 2020 (Source: Indian Law Watch, 2022). This weak enforcement fails to create a credible deterrent.

Difficulty in Proving Motive

Proving the "hate" or "bias" motive in a court of law is a legal challenge for prosecutors.

Way Forward to Address Hate Crimes

Enact Specific Legislation

Adopt new penal provisions, like prohibiting incitement to hatred and fear or provocation of violence, as recommended by the 267th Law Commission Report on Hate Speech (2017).

Improve Data Collection

The NCRB must resume the collection of disaggregated data on hate crimes to understand the scale of the problem and formulate evidence-based policies.

Police Sensitization and Training

Law enforcement agencies need mandatory training modules to help them identify, investigate, and record hate crimes effectively, without prejudice.

Implementation of Tehseen Poonawalla Guidelines

Full operationalization of the 2018 Supreme Court mandates is essential, including:

• Nodal Officers: Appointing a district-level officer (minimum rank of SP) to monitor and prevent mob violence.
• Special Courts: Establishing fast-track courts for hate crime trials, ideally concluding cases within six months.

Mandatory Suo Motu Action

Ensuring police adhere to the 2022 Supreme Court directive to register FIRs immediately in hate speech cases without waiting for a formal complaint.

Victim Support and Protection

Establishing robust victim and witness protection schemes is crucial to encourage reporting and ensure justice. This includes providing legal aid, counseling, and compensation.

Promoting Social Harmony

Long-term solutions require community-based initiatives, educational reforms, and awareness campaigns that promote tolerance, empathy, and respect for diversity.

Learning from International Best Practices

Many countries like the USA, UK, and Canada have specific hate crime laws that provide for enhanced penalties. Key learnings include:

• Comprehensive Data Tracking: The FBI in the USA maintains a centralized public database for hate crime statistics, which helps in monitoring trends and allocating resources.
• Multi-Agency Cooperation: Effective strategies involve collaboration between law enforcement, civil society organizations, and affected communities to build trust and improve reporting.
• Victim-Centered Approach: The European Union emphasizes a victim-centered approach, ensuring that victims receive adequate support, protection, and have a right to privacy throughout the judicial process.

Conclusion

Addressing hate crimes requires a robust legal framework, strong political will, an unbiased criminal justice system, and a societal commitment to inclusivity to ensure India remains a safe and harmonious home for all.

Source: THE HINDU