Issues Related to Hate Crimes/Lynching Law

Government has initiated comprehensive review of the existing Criminal Laws with the view to make them relevant to the contemporary law & order situation as well as to provide speedy justice to the vulnerable sections of the society. Government of India intends to create a legal structure which is citizen-centric and prioritises to secure life and to preserve human rights.

In judgment dated 17.07.2018 of the Hon’ble Supreme Court in Writ Petition (Civil) No. 754 of 2016 in the matter of Tehseen S. Poonawalla Vs. Union of India, the court has not directed this Ministry to ask the National Crime Records Bureau (NCRB) to collect hate crime data.

‘Police’ and ‘Public Order’ are State subjects under the Seventh Schedule to the Constitution of India and State Governments are responsible for prevention, detection, registration and investigation of crime and for prosecuting the criminals through their law enforcement agencies. However, the Ministry of Home Affairs has issued advisories to States and UTs, from time to time, to maintain law and order and ensure that any person who takes law into his/her own hand is punished promptly as per law. An advisory dated 04.07.2018 was issued to the States and UTs to keep watch on circulation of fake news and rumours having potential of inciting violence, take all required measures to counter them effectively  and  to  deal  firmly  with  persons  taking  law  into  their  own hands. Further, advisories dated 23.07.2018 and 25.09.2018 were issued to the State Governments/UT Administrations for taking measures to curb incidents of mob lynching in the country. The Government, through audio-visual media, has also generated public awareness to curb the menace of mob lynching. The Government has also sensitized the service providers to take steps to check the propagation of false news and rumours having potential to incite mob violence and lynching.

This was stated by the Minister of State for Home Affairs, Shri Nityanand Rai in a written reply to question in the Rajya Sabha today.

Ministry of Home Affairs Press Release dated 28 July 2021

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