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Racism in India: The unhidden Reality

Equality before the law, also known as legal equality or equality under the law, is the fundamental principle that all individuals, regardless of their race, ethnicity, gender, religion, or any other personal characteristic, are entitled to be treated equally and fairly under the law. This means that no one is above the law, and everyone has the right to equal protection and benefit of the law without any discrimination.

One of the rights that Indian constitution provides to its citizens is:
"Prohibition of discrimination on the basis of race". Discrimination on the basis of race refers to the unjust treatment of individuals or groups based on their race or ethnicity.

It violates the principle of equality before the law and can have a detrimental impact on individuals' mental and physical health, as well as their social and economic well-being. It is important to combat racism and promote diversity and inclusion in all areas of society.

Equality before the law is a fundamental principle that ensures that all individuals are entitled to be treated equally and fairly under the law, without discrimination. Discrimination on the basis of race is prohibited in many countries and has become a norm of human rights. Exploitation of individuals and communities by governments and individuals leads to violations of human rights, including civil, political, economic, social, cultural, and collective rights.

Slavery, forced labor, and human trafficking are some of the most egregious violations of human rights, stripping individuals of their dignity and freedoms. Women and girls, in particular, are vulnerable to exploitation and face significant challenges, including sexual violence, domestic violence, malnutrition, lack of healthcare and education, and restricted maternal and reproductive healthcare. It is essential to focus on decreasing exploitation to give these individuals better access to developmental programs, education, and economic initiatives.

Discrimination based on race or ethnicity is a pervasive problem in India that has serious consequences for individuals and communities, leading to limited opportunities, social exclusion, health disparities, violence and harassment, psychological trauma, and lack of representation, and therefore, urgent steps need to be taken to eradicate such discrimination and promote equality and inclusion."

The Indian caste system, which is a hierarchical system of social stratification based on birth, is one example of this kind of discrimination. People who are born into lower castes or who belong to indigenous communities are often subject to social and economic discrimination, as well as violence and other forms of abuse. This discrimination can take many forms, including hate speech, physical violence, and unequal treatment in employment, education, and other areas.

The Indian government has taken steps to address discrimination based on race or ethnicity, including the establishment of laws and policies designed to promote equality and protect the rights of marginalized communities. However, discrimination based on race or ethnicity remains a significant problem in India, and much work remains to be done to ensure that all people are treated with dignity and respect, regardless of their background.

Racism is a reality and it is being perennially practiced and blatantly bloated in all societies across the geo-political spectrum in World Wide Web of equality, liberty and fraternity. Racism attacks all-encompassing normative system and erodes all aspects of human values in life. Primarily, racism is the most callous and conspicuous negation of human equality ordained by the collective wisdom in divinities, spiritualities and mundanities.

However, the citadels of racism are still alive and kicking in every nook and corner of the world and India is not an exception. Despite the fact, India has been a victim since its existential history of staggering stages of colonialism and imperialism where under racism was the inalienable part of governance trajectory.

Though, today Indians in US, UK, Canada, Australia and other parts of the world are being subjected to racial crimes attributable to the emerging trends of far right-wing political discourse in these countries. In India, the obsession for "White" skin tone is real. People drooling over a 'fair' skin tone is visible in the matrimonial ads. Even then India is still indulging with this profane practice with impunity.

India has affirmative action programs and laws that prohibit the dissemination of ideas that promote disharmony on any ground, including race. The country also has an institutional framework in place to combat different forms of discrimination. It is essential to promote diversity and inclusion in all areas of society to combat racism and ensure that all individuals are treated equally and fairly under the law without discrimination, as per the principle of equality before the law.

Racism and colorism are very closely related to each other. People with a lighter skin tone were considered as a rich of an upper-caste while people with a dusky skin tone is considered as a poor of a lower caste. Due to the colour discrimination, the black people face problems all over the world. It brings down their morale, enthusiasm, self-efficiency to a great extent. They fear the world outside; the voices of the black people go unheard.

They do not receive the right amount of appreciation, instead they face constant hatred and are subjected to brutality. The black people face harassment be it in either a physical or virtual form on any online platform. They are bullied not only on the basis of their colour, but also on the basis of the structure of their lips or any facial attribute. The black colour is the least preferred colour in the entire human race.

They are denied access to educational institutions, workplace or employment services, social services etc. There is no system which would act as a protection shield against the brutal and the inhumane bullying. The crime rate against the black has evidently increased, but people choose to be silent about it. If the same crime had been done to a white, then the public and the law would have done their best to win justice.

Types Of Racism

Internalized Racism:

  • Lies within individuals.
  • Private beliefs and biases about race and racism, influenced by our culture.
  • May be unconscious or psychologically rooted. Often reflects historic, intergenerational trauma.

Interpersonal Racism:

  • Occurs between individuals, anecdotal.
  • Biases that occur when individuals interact with others and their private racial beliefs affect their public interactions.

Institutional Racism:

  • Occurs within institutions and systems of power.
  • Unfair policies and discriminatory practices of institutions (schools, workplaces, etc.) that routinely produce racially inequitable outcomes for people of colour and advantages for white people.

Structural Racism:

  • Racial bias among institutions and across society.
  • Cumulative and compounding effects of an array of societal factors including the history, culture, ideology, and interactions of institutions and policies.


Legislation And Acts

  • Anti-Discrimination and Equality Bill, 2016:
    In the month of March, the Congress Member of Parliament had introduced the bill in the Lok Sabha. The bill signifies that there be no discrimination against the people belonging to the weaker and the poorer sections of the society on the grounds of caste, creed, religion, sex, colour, place of originality etc. The bill guarantees protection to the weaker sections like the scheduled caste and the scheduled tribes, who are always exposed to irrational abuse and violence for mundane reasons. It provides measures for redressal and provisions for compensation and exemplary awards.
     
  • The Caste Disabilities Removal Act, 1850
    This particular law was passes in the British India under the rule of East India Company in 1850. This law gave people the freedom to convert from one religion to another with all the equal rights. The conversion of the religion would not take away their rights, especially inheritance. This law gave a clear view that a person will not be denied his right of inheritance to the parental property, even after he under goes a conversion of religion. For example, a child of Hindu will still be considered a Hindu even after the conversion in terms of inheriting property.
     
  • The Prevention of Atrocities Act (Scheduled Caste and Scheduled Tribes), 1989
    This law was passed on September 9th, 1989. This law protects the SCs and the STs from the discrimination and exploitation. It provides protection to the weaker sections from atrocities, abuse, brutality and ruthless violence. It lists around 22 offences which would come under the category of discrimination like denial of access to drinking water, safe hygienic conditions, edible food, access to hospitals, education, entry into temples etc. Section 14 of SC/ST Act provides for the speedy trial courts so that the members of the OBC and other tribal communities get speedy justice and do not remain defenseless. There is no provision for an anticipatory bail for offence committed under the act as per the new Section 18(a).

Article 14

Article 14 of the Constitution of India enjoined the State not to deny to any person equality before the law or the equal protection of the laws. The two concepts were not the same. Equality before the law contemplated containing inequalities in income and eliminating inequalities in status, facilities and opportunities not only among individuals but also among groups of people, securing adequate means of livelihood to its citizens, promoting educational and economic interests of the weaker sections of the people, including in particular the Scheduled Castes and the Scheduled Tribes, and protecting them from social injustice and all forms of exploitation.

Article 15

Article 15 of the Constitution, among other things, enabled special provisions to be made for women and children and allowed for protective discrimination to be extended to socially and educationally backward classes of citizens or Scheduled Castes or Scheduled Tribes. Article 16 provided for equal opportunity in terms of employment and appointment to any office under the State, and permitted the reservation of posts in favor of the backward classes.

Article 17 abolished "untouchability" and its practice in any form was forbidden. It further provided that the enforcement of any disability arising out of untouchability was an offence punishable by law. Article 41 of the Constitution provided that the State should, within the limits of its economic capacity, make effective provision for securing the right to work, to education and to public assistance in case of unemployment, sickness, old age and disablement and in other cases of undeserved want.

Discrimination based on race or ethnicity in India can have serious consequences for individuals and communities.

Some of the problems that people may face as a result of such Discrimination include:

  • Limited opportunities:
    Discrimination can limit the educational and employment opportunities available to individuals from marginalized communities, making it difficult for them to break out of poverty and improve their economic status.
     
  • Social exclusion:
    People who are subject to discrimination based on their race or ethnicity may be excluded from mainstream society, leading to social isolation, loneliness, and a sense of alienation.
     
  • Health disparities:
    Discrimination can also lead to disparities in healthcare access and outcomes, with people from marginalized communities facing greater barriers to healthcare and experiencing worse health outcomes than other groups.
     
  • Violence and harassment:
    Discrimination can also lead to physical violence and harassment, particularly against women and other vulnerable groups.
     
  • Psychological trauma:
    Discrimination can have long-lasting psychological effects, leading to depression, anxiety, and other mental health problems.
     
  • Lack of representation:
    Marginalized communities may also lack representation in government, media, and other areas, leading to a lack of voice and influence in society.
These are just a few examples of the problems that people may face as a result of discrimination based on race or ethnicity in India. It is essential to address these issues and work towards creating a more just and inclusive society where everyone is treated with respect and dignity.

The Indian government has implemented several laws and policies to address discrimination based on race or ethnicity and promote the right to equality.

Some of the key measures taken by the government include:

  • Constitutional provisions:
    The Indian Constitution includes provisions that prohibit discrimination on the basis of race, religion, caste, sex, or place of birth. These provisions guarantee equal rights and opportunities to all citizens, regardless of their background.
     
  • Affirmative action:
    The Indian government has implemented affirmative action programs, such as reservation policies, to promote the inclusion of marginalized communities in education and employment. These programs aim to address historical discrimination and ensure that people from all backgrounds have equal access to opportunities.
     
  • Anti-discrimination laws:
    The Indian government has enacted several anti-discrimination laws, such as the Protection of Civil Rights Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, to protect marginalized communities from discrimination and violence.
     
  • Awareness campaigns:
    The government has launched several awareness campaigns to promote diversity and inclusion and raise awareness about the harms of discrimination. These campaigns aim to change attitudes and promote social change.
     
  • Equality commissions:
    The National Commission for Scheduled Castes and the National Commission for Scheduled Tribes are independent bodies established by the Indian government to promote the welfare and development of marginalized communities and protect their rights.
These measures are aimed at promoting equality and protecting the rights of marginalized communities in India. However, much work remains to be done to address discrimination based on race or ethnicity and create a more just and inclusive society.

To address discrimination based on race or ethnicity in India, the government has implemented various affirmative action programs and policies to provide benefits and opportunities to the communities that have been historically marginalized.

Some of the benefits given to these communities include:

  • Reservation in education and employment:
    The Indian government has implemented a system of reservation or affirmative action in education and employment to ensure that marginalized communities have equal access to these opportunities. A percentage of seats or jobs are reserved for these communities in universities, colleges, and government jobs.
     
  • Financial assistance:
    The government provides financial assistance to marginalized communities in the form of scholarships, subsidies, and loans to support their education, entrepreneurship, and other economic activities.
     
  • Protection from discrimination and violence:
    The Indian government has enacted laws to protect marginalized communities from discrimination and violence. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act provides legal protection against violence, exploitation, and discrimination.
     
  • Support for healthcare and housing:
    The government provides healthcare services and housing schemes for marginalized communities to improve their living conditions and overall wellbeing.
     
  • Representation in government:
    The Indian government has reserved seats in the Parliament and State Legislatures for marginalized communities to ensure their representation and participation in decision-making processes.

These benefits aim to address the historical injustices faced by marginalized communities in India and promote their social, economic, and political inclusion. However, much work remains to be done to ensure that these benefits reach those who need them the most and that discrimination based on race or ethnicity is eradicated completely.

In conclusion, the right to equality on the basis of race or ethnicity is a fundamental human right that is enshrined in the Indian Constitution. Discrimination based on race or ethnicity has serious consequences for individuals and communities, leading to limited opportunities, social exclusion, health disparities, violence and harassment, psychological trauma, and lack of representation.

The Indian government has implemented several laws, policies, and affirmative action programs to address discrimination and promote equality, including constitutional provisions, anti-discrimination laws, affirmative action in education and employment, financial assistance, protection from discrimination and violence, support for healthcare and housing, and representation in government.

However, much work remains to be done to eradicate discrimination based on race or ethnicity in India and create a more just and inclusive society where everyone is treated with respect and dignity. It is important to raise awareness about the harms of discrimination, promote diversity and inclusion, and work towards changing attitudes and promoting social change. By working together, we can ensure that the right to equality on the basis of race or ethnicity is respected and upheld, and that all individuals and communities have equal opportunities to thrive and reach their full potential.

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