Author: Samidha Ramdas Chaudhari, Dr. Babasaheb Ambedkar Memorial College of Law Dhule
To the point
Racism is a never-ending topic, and sometimes inequality is reflected in this racism. Racism is the belief that humans can be divided into separate and exclusive biological entities called “races”; that there is a causal link between inherited physical traits and traits of personality, intellect, morality, and other cultural and behavioral features; and that some races are innately superior to others. Racism was at the heart of North American slavery and the colonization and empire-building activities of western Europeans, especially in the 18th century. Since the late 20th century the notion of biological race has been recognized as a cultural invention, entirely without scientific basis. Most human societies have concluded that racism is wrong, and social trends have moved away from racism.
Racism, the belief that humans may be divided into separate and exclusive biological entities called “races”; that there is a causal link between inherited physical traits and traits of personality, intellect, morality, and other cultural and behavioral features; and that some races are innately superior to others. The term is also applied to political, economic, or legal institutions and systems that engage in or perpetuate discrimination on the basis of race or otherwise reinforce racial inequalities in wealth and income, education, health care, civil rights, and other areas. Such institutional, structural, or systemic racism became a particular focus of scholarly investigation in the 1980s with the emergence of critical race theory, an offshoot of the critical legal studies movement. Since the late 20th century the notion of biological race has been recognized as a cultural invention, entirely without scientific basis.
Use of legal jargon :-
1)Anti-discrimination and Equality Bill 2016 :- In 2016, Shashi Tharoor introduced the Discrimination and Equality Bill in the Lok Sabha. The bill aimed to eliminate discrimination on the basis of caste, race, ethnicity, gender, sexual orientation and many other grounds. Individuals and groups who were excluded from the law were protected under the bill.
2) The Cast Disabilities removal Act 1850 :- This act was passed in British India during the rule of the East India Company. The purpose of this act was to remove the legal obstacles faced by people converting to another religion or caste. This act extended the principle of non-discrimination on the basis of religion throughout British India.
3) Prevention of Atrocities (Scheduled Castes and Scheduled Tribes) Act, 1989 :- This Act was passed on 9 September 1989. The purpose of this Act is to provide protection to the Scheduled Castes and Scheduled Tribes and to stop atrocities. This community faces the problem of racism every day. Discrimination, violence, social exclusion, etc. This Act was enacted to solve the problem.. 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.
4) Indian Constitution ( article 14 ):- Article 14 guarantees equality before the law and provides equal rights to all persons before the law. This is a fundamental right of citizens and applies to companies and foreigners as well as legal entities. This law appears to have emerged from the concepts of English common law and Magna Carta. This is the first and most important article and promotes equality by preventing discrimination in society.
5) Indian Constitution (article 15) :- According to Article 15, the Indian Constitution prohibits discrimination on the basis of religion, race, caste, sex or place of birth. It ensures equal access to public places and services for all citizens. It also allows for special provisions for women, children, and disadvantaged groups. There is no discrimination based on a person’s religious beliefs, ethnic identity, caste, or gender.
6) Indian Constitution (article 17) :- Article 17 of the Indian Constitution deals with the abolition of untouchability. It explicitly prohibits the practice of untouchability in any form and makes its enforcement a punishable offense. This fundamental right ensures equality and social justice by forbidding discrimination based on caste or social status.
7) Indian Constitution (article 46) :- According to this article, the state is directed to promote the educational and economic welfare of the Scheduled Castes and Scheduled Tribes, the weaker sections of the society, and to protect them from social injustice and exploitation and to take appropriate measures for their welfare.
The proof :- 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;
1.Limited opportunity:-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.
2. 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.
3. 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 group’s .
4.Violence and harassment:- Discrimination can also lead to physical violence and harassment, particularly against women and other vulnerable groups.
5.Psychological trauma:-Discrimination can have long-lasting psychological effects, leading to depression, anxiety, and other mental health problems.
6.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.
Some of the key measures taken by the government include:
1.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.
2.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.
3. 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.
4.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.
5.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.
Abstract:- The Indian caste system was divided into 4 types. They were Brahmins, Kshatriyas, Vaishyas and Shudras etc. Shudras are the backward class people of today. They include Scheduled Castes and Scheduled Tribes. Earlier, Dalits were known as ‘untouchables’. The British rule from 1858 to 1947 was a time when racial discrimination was at its worst. The British, considering themselves to be very powerful, condemned the black color of Indians to a large extent. At that time, Indians were denied jobs or were given strange and humiliating jobs due to color discrimination. Freedom fighters like Mahatma Gandhi, Babasaheb Ambedkar, Mahatma Phule, etc. fought hard to eradicate untouchability. At that time, Dalits were not allowed to enter temples, drinking water, educational institutions were denied and other facilities were not provided. Dalits were considered so impure that if they were touched, they had to bathe in clean water. The Hindu Swaraj Movement was started under the guidance of Mahatma Gandhi. The aim of this movement was not to free Indians from the clutches of the British, but to free the untouchables and Shudras from exploitation and oppression. Jyotiba Phule led the anti-caste Dalit movement in the 19th century, in which equal respect, dignity, and honor were key issues. Equality before the law. This is a Latin concept that means that the law applies equally to all and that no one is above the law but is equal.
Case Law :-
Dred Scott vs. Sandford ( 1857):- In this pre-Civil War case, Dred Scott was an enslaved man who was taken by his enslaver into a free state (Illinois) and a free federal territory (the Wisconsin territory). Scott sued for freedom for himself and his family based on his stay in free territory. Chief Justice Roger Brooke Taney wrote the majority opinion, in which the Court held that no Black person, whether enslaved or free, could be an American citizen. As Wurman and Fredrickson summarize, “The Court refused to permit Scott constitutional protections and rights because he was not a citizen. Therefore, he did not have the right to sue because the relevant constitutional provision granted federal courts jurisdiction only between ‘citizens’ of different states.” They add: “This holding pushed back efforts for the abolition of slavery and created a standard that African Americans were not American citizens, confirming that they had no constitutional protections or rights.” Justices Benjamin Curtis and John McLean dissented, writing that those born here are citizens. However, birthright citizenship would not be enshrined in the Constitution until the 14th Amendment’s ratification after the Civil War in 1868, which directly overturned the Dred Scott decision
On February 17, 2020, Akash Kotia, a Dalit man, was attacked by people from the Thakur community in Banaskantha district of Gujarat. The reason for the attack was that he took out a horse procession at his wedding, which was considered special only for the upper Hindu class, so they attacked Akash.
Safai Karamchari Andolan And Ors vs Union Of India And Ors on 27 March, 2014 :- Article 17 of the Constitution was initially implemented through the enactment of the Protection of Civil Rights Act, 1955 (formerly known as the Untouchability (Offences) Act, 1955). Section 7A of the said Act provides that whoever compels any person on the ground of untouchability to do any scavenging shall be deemed to have enforced a disability arising out of untouchability which is punishable with imprisonment. While these constitutional and statutory provisions were path breaking in themselves, they were found to be inadequate in addressing the continuation of the obnoxious practice of manual scavenging across the country, a practice squarely rooted in the concept of the caste-system and untouchability.
Conclusion :- The value and status of a person cannot be determined by his colour. The above examples clearly show the kind of oppression and treatment that Dalits are subjected to in different parts of the country. They only face humiliation and brutal violence.This is why the Untouchability Act 1955 was enacted. This law prohibits the practice of discrimination against untouchables so that all citizens are treated equally, but even though the laws are implemented, there are problems, Dalit women have to face this racism more. Recently, a woman named Savitri from Uttar Pradesh was 9 months pregnant, but since she belongs to the Dalit community, she was beaten to death because she touched the dustbin of the upper Thakur community. In this brutal beating, she miscarried and was declared dead. Dalit women are always subjected to atrocities, rape, brutal torture and violence by the upper caste people. That is why the laws should be implemented more strictly. Dalit people are just puppets, they do not have the means to fight i.e. no money or power. Dalits also have a life, they also need to live.
FAQS
Is there a discrimination ban at educational institutions?
Answer:- Day-care centres, schools and institutes of higher education are for the most part state-run. Racist behaviour by teachers and educators is prohibited, parentage and origin may not play a role in interpersonal interaction. Educational institutions are required to intervene if pupils or students engage in racist behaviour against their peers. The constitutional prohibition of discrimination requires the institutions to put a stop to such behaviour and intervene to protect those affected.
What is racism?
Answer :- The International Convention on the Elimination of All Forms of Racial Discrimination defines racist discrimination “as any distinction, exclusion, restriction or preference based on “race”, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.”
What is the main problem with racism?
Answer :-Racism can have a devastating effect on the lives of those targeted. They can suffer physically and psychologically, in addition to impacts on their working lives, finances and social connectedness.
How do people deal with racism ?
Answer :-Opening up is the first step to getting support. It can be tough to talk about your experiences, so take your time and only share what you want. If talking to your family is hard, there are other people you can reach out to. Talking to someone who shares your race, ethnicity or religion can help.
What does racism lead to?
Answer :- Mental health problems decrease positive mental health characteristics like resilience, hope, and motivation, making it hard for people to be mentally well. Racism is a stressor that can impact physical health since mental health problems such as anxiety, PTSD, and stress can have effects on our physical bodies.
