• Legal remedy for persecution in India

What is the legal remedy for persecution in India? Persecution can be religious persecution, racial persecution and possibly other types also..

For meaning of persecution, please refer article in Wikipedia online (https://en.wikipedia.org/wiki/Persecution). Per this article, I quote below:
Persecution is the systematic mistreatment of an individual or group by another individual or group. The most common forms are religious persecution, racism and political persecution, though there is naturally some overlap between these terms. The inflicting of suffering, harassment, imprisonment, internment, fear, or pain are all factors that may establish persecution.....
Asked 4 years ago in Constitutional Law

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20 Answers

1. This is not an academic forum.

2. You must state the facts of the case and the injury, if any, to your rights to know the remedy.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

See in India if there any mistreatment you can approach Judicial forum, you can seek help of police. The constitutions of India provide right to its citizens to directly approach High court or Supreme Court if there is breach of fundamental rights as granted under the Indian Constitution

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Every citizen of India has a right to practice and promote their religion peacefully.

2) Freedom of religion in India is a fundamental right guaranteed by Article 25-28 of the Constitution of India.

 

3) you can file police complaint if you are subject to religious persecution under section153A ,   295 A of IPC 

 

4) The object of Section 295-A is to punish deliberate and malicious acts intended to outrage the religious feelings of any class by insulating its religion or the religious beliefs.

 

5) The purpose of the Section 153 A is to punish persons who indulge in wanton vilification or attacks upon the religion, race, place of birth, residence, language etc of any particular group or class or upon the founders and prophets of a religion. The jurisdiction of this Section is widened so as to make promotion of disharmony, enmity or feelings of hatred or ill-will between different religious, racial, language or regional groups or castes or communities punishable. Offence on moral turpitude is also covered in this section.
The offence is a cognizable offence and the punishment for the same may extend to three years, or with fine, or with both. However, the punishment of the offence committed in a place of worship is enhanced up to five years and fine.
Ingredients of Section 153A:
 The act of promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, caste, community or any other group.
 Acts prejudicial to the maintenance of harmony between different groups or castes or communities, if the acts disturb public tranquility.
 Acts causing fear or alarm or a feeling of insecurity among members of any religious, racial, language or regional group or caste or community by use of criminal force or violence against them.

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

If sich persecution is being practiced then file a case against the persons responsible for it. If the state is responsible then file a petition against it.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If it's religious persecution you can take help of IPC section which are punishing the individual for spreading communal hatred. You can also file case of harassment against him. There is no direct section for persecution in Indian law

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

No such thing in India Legal system. In Indian, various religion follows, so oppression and mistreat sometimes occur which is a punishable offense.

- Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. Religious persecution in India, if at all found, can be very well addressed under Cr.P.C., IPC for seeking remedy and relief.

 

2. Lodge a police complaint against the persons who are the perpetrators of the alleged crime along with evidence in support of your allegation.

 

3. If police does not take any action, lodge a Writ Petition before the High Court against police inaction praying for direction upon the Police to register FIR, investigate and act as per law based on your said complaint.

 

4. Our judicial system is still very strong and neutral along with Media. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

The Citizenship Amendment Act (CAA) was passed in December last year, prompting outrage and protests across India. The law offers citizenship to non-Muslims fleeing religious persecution from three nearby countries. Around 30 people have died in over a month of protests against the law.

he traditional approach to assessing Article 14 violations in Indian constitutionalism has been to ask whether the law makes a classification based on an intelligible differentia, and then to further inquire into whether there is a rational nexus between the classification and the objective of the law.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1. Legal remedy of religious or Racial persecution is lodging of FIR under various sections under Indian penal code.

2. Particular sections can be explained once you provide facts of the case. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

 

The Rajasthan Prohibition of Interference with the Freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill,
The Rajasthan Assembly passed a bill  providing for death penalty for hate crimes against couples in the name of honour and tradition.

Rajasthan becomes the first state in India to have a special law to deal with hate crime against couples.

 

2)

Under the new law, “whoever causes death of a couple or either of them on the basis that marriage of such couple has dishonoured, or brought disrepute to the caste, community or family shall be punished with death, or with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine which may extend to five lakh rupees.”

If cases of grievous hurt to a couple or either of them, the law prescribes rigorous imprisonment for 10 years which may be extended to life imprisonment and a fine of Rs3 lakh. For a case of simple hurt, the punishment will be jail for three to five years and a fine of Rs2 lakh.

 

3)Recently, while examining the scope of hate speech laws in India, the
Law Commission in its report published in 2017 recommends further introducing new
provisions within the penal code that specifically punish incitement to violence in addition to
the existing ones

 

4) the Indian Penal Code under Sections 153A, 153B, 295A, 298, 505(1) and 505(2)25 declares that word, spoken or written, or employing signs or any kind of visual representation that ‘promotes disharmony, enmity, hatred or ill-will’ or ‘offends’ or ‘insults’ on basis of religion, ethnicity, culture, language, region, caste, community, race etc., is a punishable offence.

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

In Indian Penal code section 153A , section 153B , section 295 , section 298 along several other section deals with different discriminations ,or hate speech.

Also for the schedule caste and schedule tribe there is Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 act.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

For non state actors criminal complaint can be filed under the sc st act if the victim is a sc st.

For racial and religious persecution file a writ petition in the high court if an agency is offering public services and is discriminatory.

Complaint to the executive ie government can be given against non state actors.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. It all depends on what action of Indian Institutions/Organisations you are taking offence about.

 

2. In case of specific offence, there will be specific sections of Cr.P.C./IPC applicable.

 

3. In case of  Govt. Organisations, you can complaint to the senior officer and finally you can file Writ Petition against the said wrong action taken by the said Govt. Organisation against you.

 

4. Contact a reliable lawyer in your area having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Already informed you the provision. Sec 295A IPC. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You need to prosecute them through IPC law and other atrocity laws and special Acts. Constitutional articles are not penal but you can rely on them

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

You can file complaint before human rights commission 

 

2) it can direct state govt to accord protection to the person and property of the members of the minority communities and to ensure that their human rights were not violated. In addition, the Commission can also call upon the State Government to take prompt action to restore normalcy. It can urge the Ministry of Home Affairs to ensure prompt and necessary action by the State Government.

 

3) it can award compensation to the victims 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Even human rights have powers for penal provision but the same are limited as compared to IPC and special laws 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

See as such the commission has power of civil court so for punishment and prosecution a criminal case should be filed. The Commission can investigate and pass interim order though proper remedy shall be before the Criminal court. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

NHRC can only refer the govt. to grant compensation and initiate criminal proceeding which will deal acc. to penal law.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. Human Rights Commission can not investigate, conduct trial and award  punishment to  the perpetrator of the crime .

 

2. So, you shall have to take the usual course  of taking up the matters as per Cr.P.C. and IPC in the instant case for justice/relief and/or  remedy.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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