Topic: Separation of powers between various organs dispute redressal mechanisms and institutions.
1) In its recent judgement on hate crimes, the Supreme Court has put forward a comprehensive set of measures to deal with the issue. Discuss.(250 words)
Why this question
Recent spurt in incidents of hate crimes and violence has prompted the highest court of the country to put forward several measures in the form of instructions to the executive, police, administration. These measure need to be thoroughly discussed.
Discuss- This is an all-encompassing directive which mandates us to write in detail about the key demand of the question. We also have to discuss about the related and important aspects of the question in order to bring out a complete picture of the issue in hand.
Key demand of the question.
The question wants us to write in detail about the recent SC judgment on hate crime and write in detail about the measures it has put forward to deal with the issue.
Structure of the answer
Introduction– write a few lines about the history of hate-crimes in India and mention their increased frequency observed in recent years which has prompted the SC to intervene in the issue.
Discuss in detail about the SC judgement on hate-crimes. E.g the trial court must ordinarily award maximum sentence as provided for various offences under the provisions of the IPC; concerned governments to file appeals forthwith to the superior courts against judgments of acquittals and/or granting of bail in all such cases; bail ought not to be granted in such cases except in the rarest of rare cases and that too for the cogent reasons provided in the order; direct disciplinary action against concerned police and administration officials for their failure to prevent hate crimes within their territorial jurisdiction after holding an enquiry by an independent commission of enquiry; hold registered political parties and other registered entities accountable for the acts of commission or omission by their members involved in hate crimes and direct suitable penal action against them; prohibit those holding constitutional and public offices including as ministers, members of Parliament or state assemblies, panchayat and municipal office bearers from identifying themselves with lynch-mob accused publicly in any manner and in case of any infraction hold them responsible and subject to immediate disqualification from such offices; sensitise subordinate judiciary and higher judiciary dealing with such hate crimes so as to protect the vulnerable sections of the society including those belonging to minority communities as well as women, children and Dalits by holding seminars and workshops at regular intervals involving social activists, psychologists, other activists, lawyers and responsible citizens from all communities etc.
Conclusion– Based on your discussion, form a fair and a balanced conclusion on the given issue.