A Hate Crime essentially has two important ingredients – an underlying offence which has been committed coupled with a bias. A hate crime is supposed to have taken place when the perpetrator intentionally targets an individual or a property owing to his/her bias against a certain characteristic of that individual or his/her hatred towards that characteristic.
While these characteristics could be many, for example, race, colour, regional identity, sexual orientation etc, for the purpose of this category under the Hindu Hate Tracker, we would consider only religious identity and the faith professed by the victim (specifically the Hindu faith) as a characteristic underlying the motivation of the crime against him/her.
Religious symbols, iconography and sacred spaces are an intrinsic part of the Hindu faith. Religious symbols, whether donned by an individual or displayed for worship or symbolic display of faith, icons and divine spaces, by virtue of worship or presence of the deity, are considered kinetic manifestations of the faith professed by Hindus. Any deliberate and/or malicious attack against a religious symbol, icon or space, temporary or permanent, is a religiously motivated malicious/deliberate attack on the faith itself, given that these icons and symbols form an intrinsic part of worship and how Hindus manifest their faith.
Religiously motivated hate crimes under this category ‘Attack on Hindu Religious Symbols’ would be divided into the following sub-categories:
- Iconoclastic representation of Hindu Gods/Goddesses
- Breaking rules of place of worship
- Attack on Temples
- Desecration of Hindu religious symbol
- Violence against religious structures or centres
- Abrahamic religion chanting outside Hindu place of worship
- Encroachment or illicit takeover of temple land/land near the temple
- Defiling religious customs
Religious freedom, by constitution and international conventions, includes the right of an individual and/or a community to manifest their religion.
The freedom to manifest religion or belief in worship, observance, practice and teaching encompasses a broad range of acts. The concept of worship extends to ritual and ceremonial acts giving direct expression to belief, as well as various practices integral to such acts, including the building of places of worship, the use of ritual formulae, and objects, and the display of symbols. The observance and practice of religion or belief may include not only ceremonial acts but also such customs as the observance of dietary regulations, keeping Shikha or wearing certain kinds of clothing which are part of the religious observance of that particular sect of Hindus, taking out religious processions, donning symbols of religiosity as deemed appropriate by the individual in accordance with the sect of Hinduism the individual follows etc. In addition, religious books and texts also have religiosity attached to them intrinsically. Religious texts hold great meaning for Hindus and are also considered symbols and icons that are worshipped. Any deliberate and/or malicious attack on any of the symbols, icons or structures would be considered a hate crime under this category since they are all intrinsic manifestations of the Hindu faith and the attack on such symbols and icons is driven by animosity towards the Hindu faith itself.
Besides the deliberate and/or malicious attacks by non-Hindus, another aspect that has to be considered in this category of religiously motivated hate crimes is infractions by one sect of Hinduism against the other. Hinduism by virtue is a plural faith where one sect might be in conflict with another as far as their beliefs are concerned, sometimes, even questioning each others’ beliefs. Sanatan Dharma has a tradition of ‘Shastrarth’ where religious ideas are hotly debated and contested between Gurus, and even Gurus and their Shishyas. However, despite hotly contested doctrinal differences, various sects of Sanatan Dharma have unwritten rules to co-exist with each other peacefully and in mutual respect. Therefore, any contestations of ideas or doctrinal differences between various sects of Hinduism itself would not be considered religiously motivated hate crime or speech. However, if there is a desecration of a religious symbol by any Indic sect which is not doctrinally included in Sanatan Dharma and the crime has been committed due to professed or implicit hatred and/or animosity against Sanatan Dharma, it would be included in this category.
Additionally, there are certain non-deliberate frictions within different religious communities that are unavoidable owing to the very doctrine of the non-Hindu community in question. For example, playing azaan itself can be seen as an attack on Hindu religious symbols since the azaan explicitly denies the existence of Hindu Gods, however, we are making that exception and not adding such infractions in the hate crime tracker.
Why and how it is a hate crime
The Universal Declaration of Human Rights 1948 says, “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance”.
The last part of this section of the UDHR says that individuals and groups have the freedom to ‘manifest their religion or belief in teaching, practice, worship and observance’.
UDHR further says:
Freedom to Manifest Religion or Belief in Worship, Observance, Practice, and Teaching [UDHR, Art. 18, ICCPR, Art. 18(1), UN 1981 Dec., Art. 1, OSCE Vienna Document, Art. 16(d)]
1. This freedom may be exercised in public or in private, individually or in community with others.
2. This freedom, at a minimum, encompasses the following freedoms:
3. To worship or assemble in connection with a religion or belief, and to establish and maintain, including the building of places of worship, freely accessible places for these purposes;
4. To establish and maintain appropriate charitable or humanitarian institutions, and seminaries or religious schools;
5. To make, acquire and use to an adequate extent the necessary articles and materials related to the rites or customs of a religion or belief, including the use of ritual formulae and objects, the display of symbols, observance of dietary regulations, the wearing of distinctive clothing or head coverings, participation in rituals associated with certain stages of life, and the use of a particular language customarily spoken by a group;
6. To write, issue and disseminate relevant publications in these areas;
7. To teach a religion or belief in places suitable for these purposes;
8. To solicit and receive voluntary financial and other contributions from individuals and institutions;
9. To organize, train, appoint, elect, designate by succession, or replace appropriate leaders, priests and teachers called for by the requirements and standards of any religion or belief;
10. To observe days of rest and to celebrate holidays and ceremonies in accordance with the precepts of one’s religion or belief; and
11. To establish and maintain communications with individuals and communities in matters of religion and belief at the national and international levels.
As such, every individual and group of individuals according to basic tenets of freedom of religion per international conventions are entitled to manifest their faith as they deem fit. This manifestation includes donning religious symbols, celebrating festivals with the community, the religious group being entitled to their religious spaces, praying as a community, the dignity of their religious texts, observing their religious rituals, so on and so forth.
Any attack on any of these basic tenets of freedom of religion constitutes a religiously motivated hate crime against the religious group.
In this category of crimes, attacks against religious and sacred spaces including temples and temple premises, religious and sacred symbols including what an individual chooses to wear on their person to manifest their faith or the symbols of their faith they believe are sacred, are recorded.
Because at the core of the attack is animosity towards the faith, which manifests itself through these symbols, these crimes are considered religiously motivated hate crimes.
It is pertinent to mention here that the trigger of the attack could be non-religious to begin with. However, if the altercation at any point in time leads to an attack against religious symbols of the Hindu community, it would be considered a religiously motivated hate crime. For example, in the Temple desecration case of 2019 in Hauz Qazi, the locals claimed that the fight started over a parking space, however, the violence by the Muslim mob escalated where exclusively Hindus came under attack with their temple being desecrated, murtis being broken and reportedly, urinated upon. In this case, while the altercation started over a non-religious issue, it escalated to a religiously motivated hate crime against the Hindu community and it would therefore be added as a case of temple attack under this category and be considered a religiously motivated hate crime.
Sub-categories and why it’s a hate crime
Iconoclastic representation of Hindu Gods/Goddesses
An icon is a symbol of someone or something that is revered, or a religious representation of a spiritual ideal. Iconography is of vital significance in the Hindu milieu. It helps connect people’s spiritual beliefs with the real world. Iconography within the Hindu faith takes several shapes and forms. Murtis being most significant to Hindus, to which daily rituals, prayers and offerings are done. Besides the murtis, there are several other symbols which have deep significance in the Hindu faith – the Om and Swastika for example. Any iconoclastic representation of these symbols, images and murtis is an affront to the religious beliefs and faith of the Hindu community itself since the symbols and icons are deeply religious in nature. In this subcategory of crime, we would record hate crimes and iconoclastic representations, in words, art, or any other form of representations of symbols that hold religious significance for the Hindu community. Since these symbols, icons and murtis are central to the Hindu faith, any iconoclastic representation of these symbols is born out of animosity towards the faith itself, manifesting itself through these symbols and therefore, these representations would be considered religiously motivated hated crimes.
Breaking rules of place of worship
Sanatan Dharma is not a religion of one book, which is to say that while it has religious scriptures that form the central tenets of the faith, there are several traditions followed through thousands of years, mostly passed from generation to generation orally. One of these oral traditions or written traditions is the rules of specific temples. Certain temples have rules which are traditional rules, dependent on the worship of the presiding deities. These rules and traditions have been followed for thousands of years whether they find scriptural mention or not. Such traditions are based on the nature and rules of worship of the presiding deity of that temple. Any non-compliance of these traditions owing to animosity towards the faith or for the sake of activism stems not only from the lack of faith in the presiding deity but also disregard for the faith of the devotees of that deity/temple and implicit bias against the faith, the tradition and the deity itself. Since these specific traditions are central to the faith of the devotees of that specific temple and presiding deity, any non-compliance with these traditional rules would be considered a religiously motivated hate crime.
Attack on Temples
In Hinduism, a temple is the abode of the Deity. The Deity in the Temple is consecrated, thereby, making it a real, breathing entity. Hindus believe that not just the Deity but the temple premises itself are sacred to Hindus since Hindus hold the faith that the entire Temple space is an amalgamation of the divine energy of the deity. Given the central significance of Temples in Hindu Dharma, any attack against a Hindu Temple or its peripheral premises is an attack on the faith itself and is born out of animosity towards the faith, of which, the Temple is a central tenet. Any manner of attack against a Temple and/or its premises would therefore be considered a religiously motivated hate crime.
Desecration of Hindu religious symbols
Icons and symbols or a religious representation of a spiritual ideal is widely revered in Hinduism. Iconography is of vital significance in the Hindu milieu. It helps connect people’s spiritual beliefs with the real world. Iconography within the Hindu faith takes several shapes and forms. Murtis being of most significance to Hindus, to which daily rituals, prayers and offerings are done. Besides the murtis, there are several other symbols which have deep significance in the Hindu faith – the Om and Swastika for example. Since these Hindu religious symbols hold paramount importance in Hinduism, any desecration of symbols, icons, murtis, religious representations and manifestations, is driven by animosity towards the faith itself which manifests itself through these murtis, icons and symbols. Therefore, any desecration of these Hindu religious symbols and representations is considered religiously motivated hate crimes under this category.
Violence against religious structure or centres
In Hinduism, a religious structure is also considered divine. Hindus believe that not just the Deity but the religious structure itself is sacred. In this sub-category, we would document attacks against religious structures which are not consecrated temple spaces. Such religious spaces could be temporary in nature – for example – the religious spaces erected specifically for festivals like Durga Puja etc. This category would also document cases of attacks against religious centres. These spaces in their own right may not be ‘sacred’ per se, however, are often spaces where religious gurus live, religious teaching is imparted, or belong to religious institutions. Any attack against religious structures is a result of animosity towards the religion itself, which manifests itself through the religious spaces and therefore, such attacks are considered religiously motivated hate crimes. Religious centres are also manifestations of the religion, its teachings or gurus and therefore, attacks against such centres would be considered religiously motivated hate crimes.
Abrahamic religion chanting outside Hindu place of worship
In Hinduism, a temple is the abode of the Deity. The Deity in the Temple is consecrated, thereby, making it a real, breathing entity. Hindus believe that not just the Deity but the temple premises itself are sacred to Hindus since Hindus hold the faith that the entire Temple space is an amalgamation of the divine energy of the deity. Given the central significance of Temples in Hindu Dharma, any aggressive Abrahamic chanting outside Temples negates the divinity of the temple space because the chanting itself negates the existence of any other God other than the God of the Abrahamic faith. Such chanting is specifically done to negate the faith of Hindus, establish religious supremacy, intimidate the devotees and mock the faith. Besides temples, Abrahamic chanting outside any Hindu place of worship or religious structure has the same effect. Since such acts are rooted in an inherent religious supremacist mentality driven by religious animosity, such crimes would be considered religiously motivated hate crimes under this category.
Encroachment or illicit takeover of Temple property/land
In Hinduism, a temple is the abode of the Deity. The Deity in the Temple is consecrated, thereby, making it a real, breathing entity. Hindus believe that not just the Deity but the temple premises itself are sacred to Hindus since Hindus hold the faith that the entire Temple space is an amalgamation of the divine energy of the deity. Not only the Temple, the Temple premises in its entirety are considered sacred by Hindus. In several cases, the premises of the Temple and/or religious centre are illicitly taken over by institutions belonging to other faiths – like the Waqf board or the Church. Other times, the temple property, land or the property of religious centres are illicitly encroached by non-Hindu groups. Any illicit take over or encroachment is a crime an initio, however, when non-Hindu groups illicitly take over or encroach the sacred land of Hindus, it is an affront to the Hindu community and is therefore classified as a religiously motivated hate crime under this category.
Defiling religious customs
Sanatan Dharma is not a religion of one book, which is to say that while it has religious scriptures that form the central tenets of the faith, there are several traditions followed through thousands of years, mostly passed from generation to generation orally. There are several such customs and traditions that are followed by various Hindus and Hindu sects. Defiling of these traditions and customs is a breach of an individual or group’s religious practices. Such practices can range from dietary restrictions like not eating non-vegetarian food for a certain period of the year, not eating non-vegetarian food at all, not eating beef since the cow is considered holy in Hinduism, the sanctity of religious customs followed in the house (like many ISCKON devotees), etc. Any malicious action leading to the breach of such traditions or defilement of these traditions owing to animosity towards the faith or for the sake of activism stems not only from the lack of faith in the religion itself but also from disregard for the faith of the devotees who follow the customs/traditions and implicit bias against the faith, the tradition itself. Since these specific traditions are central to the faith of the devotees of that specific sect of Hindus, any non-compliance with these traditional rules would be considered a religiously motivated hate crime.
Parameters applied
1. There must be an attack against a religious symbol, structure or scripture, including but not limited to temples and murtis, for the crime to be considered a religiously motivated hate crime under this category.
2. Any iconoclasm of Hindu deities, whether in physical form or ‘artistic’ form or other representation stemming from animosity towards the faith and showing deities in a disparaging manner would be considered a religiously motivated hate crime documented under this category.
3. This category of hate crimes would include deliberate desecration of a place of worship by breaking the rules of the place of worship even if the intent of the said infraction is to supposedly reform the faith. The desecration of the temple itself stems from inherent animosity towards the tradition of the place or worship and therefore, would be considered a religiously motivated hate crime.
4. Abrahamic chanting outside a place of worship or while a religious ceremony or procession is under way would also be considered an attack on religious symbols under this category. Abrahamic chanting outside a place or worship or while a religious ceremony/procession is underway is essentially done to assert religious supremacy over the Hindu faith and therefore, would be considered a religiously motivated hate crime under this category.
5. Any attack against a temporary religious structure would also be documented under this category.
6. Hate speech against religious symbols, temples, festivals or scriptures would not form a part of this category of hate crimes. They would be recorded separately in the hate speech category.
7. An attack against a religious ceremony or procession itself would not be documented under this category of hate crimes since this category only deals with symbols being under attack. Such attacks against religious processions and ceremonies would be documented under a separate category.
8. Doctrinal disagreements between various sects of Hinduism itself would not be documented as a hate crime.
9. Any attack or desecration of a religious symbol, place of worship or text by any sect which is doctrinally not considered ‘Hindu’ owing to religious animosity would also be considered a hate crime under this category.
10. Non-deliberate frictions stemming from religious doctrine, like playing azaan declaring that Hindu Gods are false, are unavoidable since they stem from the very religious doctrine followed by the non-Hindu community in question and therefore would not be considered a hate crime under this category.
11. Illegal encroachment of temple spaces by religious organisations and/or non-Hindu individuals would also be added as a hate crime in this category since sacred spaces are also religious symbols in Sanatan Dharma.
Laws in India about attacks on religious symbols
There are several laws and sections of the IPC which are invoked by the law enforcement agencies in case of attacks against religious symbols. Most common are IPC sections 109 (abetment of an offence), 153 (provocation with intent to cause riot), 153A(2) [Promoting enmity between two groups (offence committed in place of worship)], 295 (defiling a place of worship), 295A (outrage religious feelings), 296 (disturbing religious assembly), 120B (criminal conspiracy) and 34 (common intention).
