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hate crime against muslims in india: unpacking model of hate underpinning international human rights law
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نویسنده
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sana arshia
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منبع
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حقوق بشر - 2023 - دوره : 18 - شماره : 2 - صفحه:221 -255
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چکیده
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The article aims to study the response of the indian state to the rapidly increasing hate crimes against its muslim population and assess the reaction against the international obligations of the state. examining the legal and judicial approach towards the indian model of hate, the article discusses the socio-legal implications of hate crimes on minorities, including the role played by the media in normalising hate against muslims, threatening their constitutional and human rights. the inadequacy of laws in addressing hate and the overwhelming use of government-backed mandates to ghettoise muslims and curb dissent are some of the pressing issues requiring intervention. the article begins with a brief understanding of concepts religious nationalism, cow vigilantism, etc, in indian parlance, goes on to discuss the rights of minorities in the international context and india's obligations under international human rights law. the following part shall examine whether there is a lack of laws to protect minorities or a lack of enforcement by the state to safeguard the human rights of minority. it will conclude with outlining possible consequences of the vilification of indian muslims, suggesting measures adequately addressing these challenges.
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کلیدواژه
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hate crime ,communal violence ,international human rightslaw ,international obligations
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آدرس
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o p jindal global university, jindal global law school, india. centre for study of the united nations, newyork
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پست الکترونیکی
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asana@jgu.edu.in
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hate crime against muslims in india: unpacking model of hate underpinning international human rights law
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Authors
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sana arshia
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Abstract
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the article aims to study the response of the indian state to the rapidly increasing hate crimes against its muslim population and assess the reaction against the international obligations of the state. examining the legal and judicial approach towards the indian model of hate, the article discusses the socio-legal implications of hate crimes on minorities, including the role played by the media in normalising hate against muslims, threatening their constitutional and human rights. the inadequacy of laws in addressing hate and the overwhelming use of government-backed mandates to ghettoise muslims and curb dissent are some of the pressing issues requiring intervention. the article begins with a brief understanding of concepts religious nationalism, cow vigilantism, etc, in indian parlance, goes on to discuss the rights of minorities in the international context and india's obligations under international human rights law. the following part shall examine whether there is a lack of laws to protect minorities or a lack of enforcement by the state to safeguard the human rights of minority. it will conclude with outlining possible consequences of the vilification of indian muslims, suggesting measures adequately addressing these challenges.
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