The Subversive Tendencies of Religious Majoritarianism: The Rubric for Hate Crimes in India

Abstract

The idyllic perspective of secularism is interwoven in the fabric of the omnipotent law that wields supremacy over the territorial confines of the Indian State i.e. the Indian Constitution. The Constitution has further been adequately supplemented by several legislative measures intended to act as a guarantee for the exiguous civil right of freedom of religion, irrespective of theological affiliation. However, despite the intentions behind these enactments, there happens to be a glaring inadequacy of embargo on detractors of religious freedom. The common phenomenon in contemporary India is to be puritanically pejorative towards sections of society that constitute the minority groups in an effort to erase their identity. This execrable tendency finds its expression in the weaponization of hate advocated under the pretentious guise of philanthropic populism. Deleterious actions fueled by the vitriol of hate often utilise speech as an effective tool for gaslighting the vulnerable, impressionable public and disrupt the status quo of prevalent societal norms. Another disparaging scenario in the present context is the erroneous retributive punishments for miscreants whose criminal misdemeanours originate in the putrid vileness of hate. By devolving into hate crimes motivated by religious identity, this paper examines the evolutionary trajectory, contributing factors. Moreover, by dissecting the existing legal structure that has permitted the pervasive persistence of hate crimes, this paper attempts to provide a microcosmic analysis of hate speech and hate crimes insofar as their ability to permeate the existing rungs of Indian society is concerned.