Urgent Call: Exploring Alternative Penal Approaches for Combating Hate Crimes

Abstract

Abstract: Hate crimes, encompassing various forms of prejudice and discrimination based on factors like religion, caste, ethnicity, gender, and regional bias, not only exhibit violence but also undermine societal foundations. These acts are more common in diverse societies like India. The prevalence of "mob lynching" in India has brought the concept of "hate crime" to the forefront, prompting the nation's highest court to categorize it as such.

This paper examines "mob lynching" through a criminological lens, advocating for specific crime control, penal policy, and monitoring approaches. It analyses the rising incidence of hate crimes in India, explores the definition of "hate crime," and delves into the criminology of mob lynching, emphasizing the factors contributing to such acts. Part I examines the growing incidence of hate crimes in India. The second part, explains research methodology incorporated. Part III examines the issue of defining hate crimes. Part IV of the article offers a succinct examination of lynching by mob criminology, with a special emphasis on the attributes that lead to hate crimes. Part V of the article analyses the current legal structure for hate crimes. The final part suggests an alternative strategy for approaching criminal justice, which entails enhancing penalties and establishing a governmental oversight body.