Religious crimes are one of the major problems of modern times, especially in
countries like India where the society is so diversed. These crime incidents
that are born out of intolerance and prejudice and disrupt communal harmony and
endanger secularism that is fundamental to the Indian Constitution need to be
legally addressed. Legal frameworks have to be designed in a way that
effectively creates a balance between the rights of people to practice their
religion freely and the prohibition of any crimes based on religion.
Offences of religion are the ones that may be regarded as the acts that are
against the holy beliefs, practices and values that are embraced by various
religious communities which make these crimes a complicated issue. They come in
various forms, e.g. hate crimes, blasphemy, extremism or marginalization of
religious minority groups.
The interaction between religion and law is of the
greatest importance for the understanding of societies' responses to these
crimes, as in many cases legal order is facing the issue of how to reconcile
religious freedoms and the state's duties to maintain public order and protect
citizens from the violence and discrimination. This essay will discuss the
specifics of religious crimes the motivations for them and the legal instruments
through which states and international organizations attempt to tackle these
crimes and minimize their negative effects.
Understanding Religious Crimes:
Religious insults, therefore, would include offenses against holy objects,
rites, and beliefs of other groups. The various forms in which such offences can
occur are hate offences, blasphemous offences, extremist activities and
persecution of religious minorities.
Religion-law interaction has been found to be one of the most explanatory
factors in predicting the societal response to transgression. Legal systems are
meant to reach a state of public order in which citizens are secure (i.e., not
subjected to violence or discrimination) and protected, as well as religious
liberty. Hate crimes are perhaps the most visible religious crimes.
Victims of such violent/aggressive behaviour are individuals or societal groups,
on the basis of their religious convictions, that are, typically, destructive to
religious structures, violence towards religious representations or to the
person of the community church leaders. Criminal behaviour has often been
explained as stemming from ignorance, prejudice, and fear of violence against
(identified) 'outsiders'. Blasphemy, one of the specific religious offences,
consists of actions or speech that is deemed sacrilegious and harmful to sacred
things, the sacred, and doctrines.
Blasphemy law is not yet operative in India, but certain offenses under Indian
Penal Code section 295 A which lead to religious provocation are made
punishable. However, its generality has also been criticized on the grounds that
it screens out critique and dissent, potentially paving the way for abuse. The
worst expression of religious crimes is to be found in an extreme form of
religious violence in which, individuals or collective engage in attacks from
the religious viewpoint.
For example, those carried out by ISIS and U.S.-based Al-Qaeda are ones
motivated by violent acts from a faulty interpretation of religious texts. Not
only are these practices of extremism directed against nonmembers of the
denomination but they also extend to the killing of members of the same
religious community. Criminalization, surveillance and antiterrorism measures
are the foundation for the legal response to such events. The root of
radicalization, however, is a hard problem that cannot be tackled by the use of
force alone.
Legal Remedies For Religious Crimes:
There are modalities in the Indian legal system by which religious persecution
can be responded to. The Indian Penal Code has a number of and Parts including
Section 153A, which is an offence of evolving or encouraging communal enmity,
and Section 505, which is an offence to the public insulting the public.
Moreover, the criminal codes recently enacted are aimed at reform of the legal
system for religious crimes.
Within these reforms, there will be specialized courts handling primarily
religious minority offenses and provide justice in the timely manner. This is a
first step in the right direction; but that step will rely on the expertise and
the skillful training of judges, police officers, and others in the realities of
cultural sensitivity.Hate speech laws are also an important aspect of the other
legal work of the religious crime. Article 19 of the Indian Constitution,
despite guaranteeing freedom of speech, allows such freedom to be restricted
under the respective conditions of public order and prevention of provocation of
violence, etc.
The problem is the precise definition of hate speech and the controls that are
put in place with the aim of ensuring that they are not being exploited.
Strengthening these provisions would help safeguard such vulnerable communities
from incitement and violence.It has been noted that the structure of religious
crime in India is a highly sustainable format for rehabilitation. Article 14 is
equality before law, Article 15 is an obstacle for discrimination a person faces
in the form of religious discrimination, and Article 25 is a right of a man to
profess his faith at liberty in order to practice and propagate it openly.
14,"These are principles under which that legal scaffolding and recourse are
procured. International laws, such as the International Covenant on Civil and
Political Right to which India is a signatory, obligates India to protect the
religious rights and prohibits all kinds of discrimination. The integration of
the international human rights law into the domestic law will contribute to
justice and equity in India.
Barriers To Legal Mechanisms:
Yet, even with the regulatory framework, some of the problems also remain which
may hamper appropriate utilization. But the most important of them is an
unreasonable bias in the law enforcement and the legal/judecatorial system,
which by the way often leads to very insensitive acts of religious denigration.
Accountability and impartiality are essential in such cases. Abuse of the
framework relating to hate speech and religious beliefs is yet another area of
concern that is emerging. Laws created to defend society may also be instruments
for the decimation of dissent and the dehumanization of minorities, in which
cases they are no longer effective.
Because a new dimension has been introduced by the emergence of digital and
social media in religious crimes, an associated new problem has arisen. Indeed,
these offer the opportunity for free expression (a), yet they have turned into a
hub for hate speech (b) and extremist contents (c)The measure of online hate
speech control remains a highly challenging due to both the risk of violating
democratic values.
International Legal Frameworks And Community Engagement
International legal
systems are required to play an important role to effectively prevent religious
violence. Agencies like the UN restate the need for security in protection of
religious minorities and for intolerance and discrimination. As the ICCPR,
treaty based though it is, provides such a foundation around which one can
develop religious freedom protection whilst also safeguarding equality.
Yet, the
capacity of each state to keep its promise is ultimately the deciding one.
Community participation and/or public participation is central to the problem of
religious atrocities. Interfaith discussion, community outreach project, and
religious toleration educational program are only some of the components in the
broad goal of fostering fellowship and peace between communities. NSOs and CSOs
are also making substantial contributions to the alleviation of survivors,
advocacy for fair processes, and the efforts toward strengthening social
compactness.
Way Forward:
For instance, where acts of religious/ethnic violence need to be
dealt with effectively, then a multi-dimensional approach, such as it is, is
required. There is a need to improve the legislation in the definitions and
protection against abuse. The capacity of the legal response can be enhanced by
training law enforcement and the legal profession on cultural factors and
socio-legal aspects of religious offences.
However, further legislative action
to curb the spread of vitriolic and extremist online speech is also necessary.
Implementation of dialogue, educational and awareness activities promoting
community participation may play a role in the attainment of an inclusive
society. Schools and educational establishments must take an active part in
promoting values of inclusiveness, tolerance and respect among the young.
Interfaith harmony can bring about a state in which pluralistic and diverse
opinions are eventually accepted and embraced by the culture.
Conclusion:
The religious violence posed a critical challenge to the social order of India
and pluralistic society. Offences of this kind are to be tackled by reforming
legal institutions not to commit crimes of violence and discrimination which are
based on a fact of religious conscience.
Yet, the requirement is that complex legalistic frameworks, community
involvement and internal adherence to legal minima in international standards
must converge to build a peaceful country. Its equally critical responsibility
contingent on effective legal and social reaction in unison with a effective
policing approach to religious offences without compromising justice, equality.
End Notes:
- Section 295A, Indian Penal Code.
- Examples include extremist groups such as ISIS.
- Section 153A, Indian Penal Code.
- Section 505, Indian Penal Code.
- Article 19(2), Constitution of India.
- Articles 14, 15, and 25, Constitution of India.
- International Covenant on Civil and Political Rights (ICCPR).
- Challenges of regulating hate speech on digital platforms.
- United Nations and international frameworks on religious freedoms.
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