In the light of the alleged racist attack which led to the death of a boy will the accused be guilty only under the IPC or do we have any specific law which deals with such 'racist attack'? Will some international treaty be applicable in this case?
Section 153A of IPC deals with racism, states that anyone who by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different reli¬gious, racial, language or regional groups or castes or communi¬ties, or (b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity shall be punished with imprisonment which may extend to three years, or with fine, or with both. Offence committed in place of worship, etc.. Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious wor¬ship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine. In 2015, Home Ministry has proposed to introduce two sections governing the discrimination on the basis of racism in India. Section 153-C and Section 509-A. The proposed Section 153-C relates to imputations and assertions prejudicial to human dignity and makes words, both spoken and written, or signs attempting to discriminate against individuals on the basis of race, or indulging in activity intended to use criminal force or violence against a particular race, a non-bailable offence punishable with imprisonment up to five years with fine. The proposed section 509-A seeks to make any word, gesture or act intended to insult a member of a particular race with imprisonment that may extend to three years with fine.
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