How to report hate crimes and regional discrimination in Haryana

Hook

You are scrolling through a local Gurugram or Faridabad subreddit and see a post about a delivery partner or a construction worker being harassed. Maybe you witnessed it yourself at a dhaba—someone being mocked, threatened, or physically assaulted just for being a "Bihari" or a "migrant." When regional bias turns into violence, it is not just a social media debate; it is a serious criminal offence under India’s new laws. Whether it is a targeted attack or a case of mob violence, you have the power to ensure it doesn’t get buried. Here is how you can take action when someone is targeted for their place of birth or language in Haryana.

What the law actually says

Discrimination based on where you come from is a violation of the fundamental structure of the Indian Constitution. Under Article 15, the State cannot discriminate against any citizen on grounds only of religion, race, caste, sex, or place of birth. Furthermore, Article 19(1)(d) and (e) guarantee every citizen the right to move freely and reside in any part of India.

Since July 1, 2024, the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) govern how these crimes are punished and reported. If a person is killed or attacked because of their regional identity, the following sections apply:

1. Section 103(2) of the BNS (Mob Lynching/Hate Murder): This is a critical new provision. It states that when a group of five or more people acts in concert to commit murder on the ground of race, caste, community, sex, place of birth, language, personal belief, or any other similar ground, each member shall be punished with death or imprisonment for life, and shall also be liable to a fine.
2. Section 196 of the BNS: This punishes anyone who promotes enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and does acts prejudicial to maintenance of harmony. The punishment can extend to 3 years of imprisonment.
3. Section 197 of the BNS: This covers imputations or assertions that are prejudicial to national integration, such as claiming that people from a certain state cannot be "citizens" or should be denied their rights.
4. Section 352 of the BNS: Punishes intentional insult with intent to provoke a breach of peace.

Procedurally, Section 173 of the BNSS (which replaced Section 154 of the CrPC) mandates that the police must register an FIR for cognizable offences. If the crime happens in Haryana but you are elsewhere, you can file a Zero FIR under Section 173(1), and the police are legally bound to record it and transfer it to the relevant station. For more details on this process, see our guide on How to file an FIR (and what to do if police refuse).

Step-by-step playbook

1. Secure evidence without risking your life

If you witness a hate crime or regional harassment, do not put yourself in physical danger. If it is safe to do so:

• Record Video/Audio: Capture the slurs used. In hate crime cases, the "motive" (e.g., targeting someone for being from Bihar) is vital for Section 103(2) or Section 196 BNS.
• Note Vehicle Numbers: If the attackers are on bikes or in cars, note the Haryana registration numbers (e.g., HR 26, HR 51).
• Identify Witnesses: Ask nearby shopkeepers or bystanders for their contact numbers. In many Haryana industrial hubs, CCTV is common; note the locations of cameras nearby.

2. File an Online Complaint via Harsamay

Before going to the station, or if you are afraid to go in person, use the Haryana Police’s official citizen portal.

• Portal: Visit the Harsamay Portal.
• Action: Register as a user and select "Complaint Registration."
• Details: Clearly state that the victim was targeted specifically because of their regional identity (e.g., "The accused used regional slurs and stated that people from Bihar have no right to work here"). This ensures the police look at Section 196 or 103(2) BNS rather than just simple assault.
• Timeline: You should receive an acknowledgment number immediately. A police officer is typically assigned within 24–48 hours.

3. Filing the FIR at the Police Station

If the crime is serious (physical violence or threats), go to the nearest Police Station (Thana).

• What to bring: Your Aadhaar card, the evidence (on a pen drive or phone), and a written complaint in duplicate.
• The Draft: Explicitly mention the words used by the attackers. If there were more than 5 attackers, insist on mentioning "Section 103(2) BNS" for group violence.
• Zero FIR: If the incident happened in a different district (e.g., you saw it in Manesar but are now in Rohtak), the Rohtak police must file a Zero FIR. They cannot tell you to "go to the other station."
• Cost: Filing an FIR is free. Never pay a fee.

4. Escalate if the Police Refuse

In cases of regional discrimination, local police may sometimes be dismissive. If they refuse to register the FIR:

• Step A: Send your complaint via Registered Post to the Superintendent of Police (SP) or Commissioner of Police (CP) of the district (e.g., CP Gurugram or SP Sonipat) under Section 173(4) of the BNSS.
• Step B: If there is still no action, you can approach the Judicial Magistrate under Section 175(3) of the BNSS to seek a direction for investigation.
• Step C: File a complaint with the National Human Rights Commission (NHRC) online, as discrimination based on place of birth is a human rights violation.

5. Seek Legal Aid and Support

If the victim is a migrant worker who cannot afford a lawyer, they are entitled to free legal services.

• Action: Contact the Haryana State Legal Services Authority (HALSA). They have offices in every district court in Haryana.
• Contact: You can call the national legal aid helpline at 15100.

For broader transparency on how local authorities handle such cases, you can File an RTI online to ask about the status of hate crime investigations in a specific district. If the harassment has moved online, follow our guide on the Cyber Crime reporting portal.

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