Justice system promotes racial harmony

While New Zealand has a good race relations record with pronounced social and communal harmony, the justice system has also helped in bringing to book perpetrators of violence and hate crime, a prominent judge has said.

“Our courts have dealt some racially motivated attacks, denouncing such offending and sending a message that will hopefully have a deterrence effect,” Manukau District Court Judge Dr Ajit Swaran Singh said.

He said hostility was the norm of racial hatred.

“There are provisions in the Sentencing Act 2002 for enhanced sentence in cases, where an offence is committed because of hostility towards a group of persons who have an enduring common characteristic such as race, colour, nationality, religion, gender identity, sexual orientation, age, or disability,” he said.

Dr Singh was addressing the conference of the Global Organisation of People of Indian Origin (GOPIO) in New Delhi on January 6.

He said the New Zealand judiciary regarded racially motivated offences as an aggravating feature because they not only impact individuals but also engender fear amongst the whole group to which the offender belongs and foster wider disharmony within the society.

He cited a number of examples to illustrate his point.

Dr Singh said that in a case relating to the attack on the Manurewa Gurdwara (In South Auckland), the offenders were convicted of throwing pipe bombs and threatening acts, defacing the Temple walls and painting obscenities. Each of them was sentenced to a prison term of two years and nine months.

In upholding the decision, the presiding judge had said that it was impossible to avoid the stark reality that what occurred (in the case) was an outrageous attack with racial overtones permeated by arrogance and a total disregard for others.

“There have been other cases as well, including defacing of various Mosques in Auckland, for which the offenders were convicted and sentenced to imprisonment.

“Desecration of a Jewish cemetery led our Parliament to pass a motion condemning Anti-Semitism.

“Recently, our Foreign Affairs, Defence and Trade Committee recommended to the Government that concerns should be raised with Teheran over the human rights violations and treatment of the Yaran Baha’i community in Iran,” he said.

Dr Singh referred to the attacks on Indian students in Australia, stating that the community was mourning the death of 21-year-old Nitin Garg in Melbourne on January 2, second such incident in a week.

Editor’s Note: According to media reports, Mr Garg was stabbed to death as he walked to work, triggering reactions from student associations, the Indian High Commission and the Union Government in New Delhi.

“The spate of attacks on Indian students has been perceived to be racially motivated by the students and Indian community in general. It led to protest marches in Australia and a call within India for Australia to facilitate investigation with a view to bringing the perpetrators to justice,” Dr Singh said.

He also outlined the judicial provisions in Australia and the UK to deter race-related crime and the way the justice system worked to promote racial harmony.

Dr Singh received the India Empire NRI Award for Community Service, instituted by India Empire, a New Delhi based monthly for people of Indian origin. The award was presented to him at a dinner held at the Ramada Plaza Hotel on January 10.

GOPIO Oceania Region Vice-President Harish Bajaj (New Zealand) was honoured with the Best Leadership Business Award, while GOPIO Sydney North and Brisbane Presidents Harry Walia and Umesh Chandra were presented with Awards for Community Service at the same ceremony.