Ms Vaasawa Sharma, Assistant Professor of Law, Starex University, Gurugram
ABSTRACT
“Hate Crime” is the name that can be a misconception. But in real sense, the concept of hate crime is very common in United States. “Crime” refers to an act or omission which is done in contravention to the law, but hate crimes are the amalgamation of crime and motive to commit the crime out of bias. During the passing of the judgments by the courts, the biasness is often treated as a serious reason for the miscarriage of justice. Hate crimes are generally committed against the people of the particular race, religion, colour, gender etc. As the name suggests, hate crimes are hardly about the hatred. These crimes are not committed out of anger, but are committed due to discrimination and biasness. The prejudice to a particular sector of the society many also result in hate crimes. For instance, the transgender community, often face the discrimination and they are the victims of various crimes including rape. The sexual orientation is the major aspect that is to be considered while studying the hate crimes. According to the Department of Justice, the federal hate crimes laws cover all the offences committed on the basis of race, colour, nationality, sexual orientation, gender or disability. The provisions of conviction are included after the establishment of Civil Rights Act, 1968. This article covers the types of hate crimes, provisions of hate crimes in United States, incidences of hate crime and suggestions. Keywords: Hate Crime, Discrimination, Biasness, Prejudice, Transgender
