This article flags some of the complexities involved in incorporating a hate crimes legislation into the socio-political and legal context of contemporary India.
Author
Ajita Sharma, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
In December 2017, Shambhu Lal Raigher (a Hindu), brutally killed a Muslim labourer named Afrazul Khan in Rajasthan, without any immediate or individualised cause.
The reason for the killing is attributed to Raigher’s perception of Muslims as those who get romantically involved with Hindu women to lure them into Islam—what has been called the phenomenon of love jihad.
In light of this case, this article discusses how the mythical campaign of love jihad—used as a justification for hatred and violence towards Muslim communities—motivates hate crimes.
I also discuss how the current legal framework in India deals with hate crimes, as the existing law does not make a distinction between hate crimes and ordinary crimes. The article flags some of the complexities involved in incorporating a hate crimes legislation into the socio-political and legal context of contemporary India.
Published in: Jindal Global Law Review
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