hate crime – India Legal https://www.indialegallive.com Your legal news destination! Mon, 06 Feb 2023 18:40:26 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.4 https://d2r2ijn7njrktv.cloudfront.net/IL/uploads/2020/12/16123527/cropped-IL_Logo-1-32x32.jpg hate crime – India Legal https://www.indialegallive.com 32 32 183211854 Hate crime: Supreme Court flays Uttar Pradesh Police for delay in registering complaint https://www.indialegallive.com/constitutional-law-news/supreme-court-news/hate-crime-supreme-court-uttar-pradesh-police/ Mon, 06 Feb 2023 18:18:20 +0000 https://www.indialegallive.com/?p=301291 Supreme CourtThe Supreme Court on Monday flayed the Uttar Pradesh police for taking more than a year to register a criminal complaint in an alleged hate crime that took place in Noida in 2021.  Stating that it was the duty of a secular State to get rid of such hate crimes, the Bench of Justice K.M. Joseph and […]]]> Supreme Court

The Supreme Court on Monday flayed the Uttar Pradesh police for taking more than a year to register a criminal complaint in an alleged hate crime that took place in Noida in 2021. 

Stating that it was the duty of a secular State to get rid of such hate crimes, the Bench of Justice K.M. Joseph and Justice B.V. Nagarathna directed the Uttar Pradesh government to produce copies of the complaint and also provide information on whether the accused were still behind bars.

The Apex Court observed that in a secular country, there was no space for hate crime on the basis of religion.

When the state has the will, it should work to control such crimes. There could be other crimes along with the hate crime with a person wearing cap showing his religion. 

It said that if such acts were not stopped, then a dangerous atmosphere could be fostered.

The Bench reprimanded the Uttar Pradesh government for remaining oblivious to the hate crime and trying to ‘sweep’ it under the carpet. Certain rights were inherent to all, irrespective of a person belonging to a minority or majority, it noted. 

The Apex Court directed Additional Solicitor General (ASG) K.M. Nataraj, who appeared for the state government, to set an example by taking action against the guilty officers and sending across the message that one cannot get away with dereliction of duty. It further noted that such acts of dereliction have to be taken seriously.

The top court of the country further said that people did not have a choice in religion. The beauty and greatness of this nation remained in the fact that a citizen was born into a family and raised in one, but would stand for the country, whenever the need arose.

The Supreme Court passed the directions on a batch of petitions seeking steps taken against hate speech incidents. One of the pleas was filed by Kazeem Sherwani, which alleged that Sherwani was assaulted by some people in Noida in 2021 on the pretext of giving lift in a taxi. 

The petitioner said that he had filed a complaint in the local administration but when no action was taken, he moved the Supreme Court.

(Case title: Kazeem Ajmad Sherwani vs State of Uttar Pradesh)

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Facebook case: SC directs transfer of Social Media regulation cases to itself https://www.indialegallive.com/constitutional-law-news/supreme-court-news/facebook-case-sc-directs-transfer-social-media-regulation-cases/ Tue, 22 Oct 2019 09:35:39 +0000 http://www.indialegallive.com/?p=74041 Social Media Internet shutdownThe Supreme Court bench of Justices Deepak Gupta and Aniruddha Bose today directed transfer of all cases concerning regulation of social media pending in different High Courts. The order in Facebook Inc v Union of India came after the court was informed by Attorney General KK Venugopal that State of Tamil Nadu was not opposed […]]]> Social Media Internet shutdown

The Supreme Court bench of Justices Deepak Gupta and Aniruddha Bose today directed transfer of all cases concerning regulation of social media pending in different High Courts.

The order in Facebook Inc v Union of India came after the court was informed by Attorney General KK Venugopal that State of Tamil Nadu was not opposed to the transfer petition. A petition in Madras High Court on linking of Aadhar with social media accounts is pending in Madras High Court.

Court observed that intermediaries cannot be forced to decrypt data on the sole ground that Section 69 of the Information Technology Act empowers government to decrypt data through intermediaries.

Senior Counsel Shyam Divan, representing the Internet Freedom Foundation (IFF) interjected on point, saying, “In a transfer petition, rights of citizens are trampled upon and later it becomes very difficult. It’s important that the Court refrains itself from making any observations and restricts to hearing the case on issue of transfer at this point.”

Social Media Regulations coming up in 3 months

Centre filed an affidavit in court yesterday seeking three months time to finalize and notify revised intermediary rules on the responsibilities of online intermediaries with respect to social media content, security and privacy of users and traceability of online crimes.

The affidavit, submitted by the Additional Secretary, Ministry of Electronics and Information Technology, acknowledges the “exponential rise in hate speech, fake news, public order, anti-national activities, defamatory postings, and other unlawful activities using Internet/Social media platforms,” thus identifying the internet as a “potent tool to cause unimaginable disruption to the democratic polity,” with the “ever growing threats to individual rights and nation’s integrity, sovereignty, and security.”

Centre has proposed completion of the entire process by 15th January 2020.

Matter is thus listed for the last week of January 2020.

— India Legal Bureau

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Documenting Hate https://www.indialegallive.com/world-news/documenting-hate/ Tue, 25 Apr 2017 11:03:55 +0000 http://www.indialegallive.com/?p=23985 Demonstrators in Washington protesting against violence unleashed on Blacks. Photo: UNI]]> Demonstrators in Washington protesting against violence unleashed on Blacks. Photo: UNI

The coalition of newsrooms behind “Documenting Hate” has recorded a wide variety of violence in all corners of the country.

~By Joe Sexton and Rachel Glickhouse 

An African-American homeless man slain with a sword on the streets of New York. A mosque attacked in Fort Collins, Colorado, its windows smashed by a man who finished off his assault by hurling a Bible inside the Muslim house of worship. A portion of Junction City, Wisconsin, evacuated after a man angry with his Hmong neighbor opened fire. A man arrested in Port St. Lucie, Florida, for trying to set fire to a convenience store he suspected was owned by a Muslim, after which he said he’d just been trying to “do his part for America.”

That happened in the month of March in America. In fact, just a flavor of it.

There was also the Jewish cemetery vandalized in Rochester, New York. The man beaten with a pipe in a restaurant in Salem, Oregon, by an attacker who said, “Arab, you need to leave.” The African-American family in Delano, Minnesota, who moved out of their home just months after moving in after it was ransacked and spray painted with epithets.

Earlier this year, ProPublica and a coalition of newsrooms set out to chronicle and report on hate crimes in the United States. The project, “Documenting Hate,” was meant to provide some reliable information about an issue that has caused considerable alarm but been plagued by a lack of comprehensive data and sustained reporting.

With the help of civil rights groups such as the Southern Poverty Law Center and technology companies such as Google, First Draft Media and Meedan, we’ve been building a database of hate incidents—ranging from swastika vandalism to verbal insults to physical assaults. ProPublica and our media partners are working on authenticating these reports and spreading the word about how victims can share their stories.

It has been a grim accounting for some 170 reporters and editors from more than 40 newsrooms involved in “Documenting Hate.”

The reporting has shown how hate has infiltrated many parts of public life, reaching cities big and small around the country: from a mosaic of hate” in Boston as reported by The Boston Globe, to a white supremacy haven in Oregon reported by BuzzFeed, to a string of murders and hate incidents in Kansas City reported by The Huffington Post. Throughout the U.S., ethnic minorities have been targeted, as well as Jews and Muslims, ProPublica and Fusion reported.

We’ve received a significant number of reports to the database from minorities told to “get out of the country.” Those targeted include immigrants, as Univision reported, as well as Latinos who were born in the U.S., as The New York Times opinion section wrote. Huffington Post compiled a list of nearly 100 ways this line of attack has been used against people of color.

Minorities have faced verbal abuse on public transportation, with numerous reports coming from New York City. The New York Times opinion section reported on two women of color who were harassed on the New York subway, and Univision wrote about a spate of verbal assaults against minorities on the public transportation system.

The New York City Commission on Human Rights saw a 480 percent increase in reports of discriminatory harassment on New York’s subways between 2015 and 2016, the Times found.

Schools and universities are confronting hate, too. We’ve received a number of reports about xenophobic incidents involving Latino children in schools, which Univision covered. White supremacy groups are using college campuses to spread their message, as ProPublica and The New York Times opinion section reported. And as Univision wrote, in some cases students are fighting back.

Victims have also reported being targeted in the workplace. A Massachusetts woman opened up to Univision about receiving a racist letter on her newspaper route, and a Venezuelan business owner saw his Seattle restaurant vandalized so many times that he gave up hanging a flag outside. And a St. Louis librarian told The Huffington Post about receiving an anti-Semitic voicemail at her job. We’ve also seen reports of hate online, like the case of a Jewish man in New Mexico facing an onslaught of hateful threats, reported by The New York Times opinion section.

Even the dead haven’t been spared: The Times ran an essay by a ProPublica reporter whose St. Louis family was affected by gravestone vandalism—one of multiple incidents of its kind in the last few months.

As part of the “Documenting Hate” project, Google News has been compiling news articles about confirmed or potential hate crimes from across the country. One can select a week or a month, and be awash in reports of hate crimes—of arrests and arraignments, opened investigations and final sentences.

We happened to select March, but there’s little to suggest any month would be that different.

The desecration of the mosque in Fort Collins, it turned out, wasn’t the only recorded one last month. In Tucson, Arizona, a man broke into a mosque and tore up a Koran. The family in Minnesota was not the only one to see their residence defiled. A man in Troutman, Oregon, a member of the Baha’i faith, came back from a trip to find his apartment covered in slurs accusing him of being a terrorist.

Two women were arrested and charged with hate crimes for their racial-expletive-filled attack on an African-American bus driver. A Sikh man in Kent, Washington, was shot, his assailant shouting at him to “go back to your country.” A middle school in New Jersey saw its walls covered in threats of lynchings. A man in Chicago was taken into custody on hate crimes charges. He has a tattoo on each arm—“Jesus is Love” on one and a swastika on the other.

The last entry in the Google compilation for the month of March carried an extra note of sorrow. A man in Wisconsin who had survived a brutal gay-bashing assault six years ago was stabbed to death. Police were investigating the murder as a possible hate crime.

Are you a U.S.-based local reporter covering hate incidents? Sign up to become a partner.

—Courtesy: ProPublica

This article was first published in Propublica: https://www.propublica.org/article/investigating-hate-theres-no-shortage-of-work

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