JAGRAN LAKECITY UNIVERSITY

SCHOOL OF LAW

Racial Discrimination and the Supreme Court of India

DISSERTATION

SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS

FOR THE AWARD OF THE DEGREE OF BACHELOR OF LAWS
B.B.A., LL.B. (HONS.)
JUNE 2020

SUPERVISED BY: SUBMITTED BY:

Mr. Sayed Aqa Raza SAKSHI MEENA

ASSISTANT PROFESSOR 2015BBLH034
JLU JLU00417
 ACKNOWLEDGEMENT

I feel highly elated to work on the topic Racial Discrimination and the Supreme
Court of India.

The practical realization of this dissertation has obligated the assistance of many
persons. Firstly, I would like to express my sincere gratitude to Sayed Aqa Raza, Assistant
Professor JLU, and SOL. His consistent supervision, constant inspiration and invaluable
guidance have been of immense help in understanding and carrying out t he nuances of
the dissertation.

I sincerely express my thanks to our Director, School of Law Dr. Yogendra Kumar
Srivastava from the bottom of my heart, for his immense support and faith. I am
grateful to Dr. Shobha Bhardwaj Assistant Professor, for her continuous support and
guidance.

I would also like to thank my family and fellow mates for all their help and support
throughout.

Sakshi Meena

I
 DECLARATION

I, Sakshi Meena bearing 2015BBLH034, hereby declare that the dissertation titled Racial
Discrimination and the Supreme Court of India is a record of individual research work carried
out by me under the supervision of Sayed Aqa Raza, Assistant Professor, Jagran Lakecity
University, Bhopal, Madhya Pradesh.

I declare that to the best of my knowledge the dissertation does not contain any part of any
work which has been submitted for the award of any degree in any University or affiliated
college or any other work published without due acknowledgment.

I also declare that I was duly communicated the guidelines pertaining to academic integrity
and anti-plagiarism notified by Jagran Lakecity University and the dissertation has been made
in furtherance of the same.

I further declare that the anti-plagiarism report attached herewith wholly pertains to the
content of the dissertation. Further, it is authentic and in case of any discrepancy, I undertake
to bear the liability and the University shall reserve the right to take any suitable action.

Sakshi Meena
2015BBLH034

Page | II
 UNDERTAKING BY THE STUDENT

I, SAKSHI MEENA, daughter of Mr. Mahendra Singh Meena bearing 2015BBLH034

and JLU00417 of the B.B.A., LL.B.(Hons.) course, hereby declare that I have been duly
communicated the regulations relating to plagiarism provided under the University Grants
Commission (Promotion of Academic Integrity and Prevention of Plagiarism in Higher
Educational Institutions) Regulations, 2018 and undertake to adhere to the set standards of
academic integrity and to furnish an authentic anti-plagiarism certificate reflecting less than
10% similarity index.

I declare that to the best of my knowledge the dissertation does not contain any part of
any work which has been submitted for the award of any degree in any University or
affiliated college or any other work published without due acknowledgment.

I also undertake that I have been duly communicated that I have to submit my
dissertation in three hard-bound copies on or before the scheduled date failing which the
University shall reserve the right to not issue my mark-sheet and take any other action
deemed appropriate.

I further declare that the anti-plagiarism report attached herewith wholly pertains to
the content of the dissertation. Further, it is generated from an outside source and is
authentic. I undertake that in case of any discrepancy pertaining to my work in the future or
anti-plagiarism certificate, neither my supervisor nor the University shall bear any
responsibility and that only I shall be liable for the same.

Signature of the Student Sakshi Meena

2015BBLH034

III
 Certificate of the Supervisor

This is to certify that Ms. SAKSHI MEENA bearing 2015BBLH034 is a of the student of
B.B.A. LL.B. (Hons.), JLU School of Law, Jagran Lakecity University, Bhopal, M.P., and
has worked under my supervision and guidance for the work titled “Racial Discrimination
and the Supreme Court of India”.

The dissertation work is submitted in partial fulfilment of B.B.A. LL.B. (Hons.) degree. This
work is found to be sufficient to meet the standards of academic requirements and fit for
evaluation as per the anti-plagiarism report.

Sayed Aqa Raza

Assistant Professor (Law)

Date:

IV
 TABLE OF CONTENTS

Acknowledgement
Declaration
Undertaking
Certificate by the Supervisor

I. LIST OF CASES ------------------------------------------------------------------------------------ 1

II. LIST OF ABBREVIATIONS -------------------------------------------------------------------- 2

CHAPTER 1 ---------------------------------------------------------------------------------------------- 4

INTRODUCTION --------------------------------------------------------------------------------------- 4

CHAPTER 2 ---------------------------------------------------------------------------------------------- 8

DISCRIMINATION: CONCEPTUAL ANALYSIS---------------------------------------------- 8

2.1. CONCEPT OF DISCRIMINATION -------------------------------------------------------------------- 8

2.2. RACIAL DISCRIMINATION: - MEANING AND NATURE ----------------------------------------10
2.2.1. RACE AS CASTE -----------------------------------------------------------------------------------15
2.2.2. DENYING RACISM --------------------------------------------------------------------------------16
2.2.3. RACE AND SPACE ---------------------------------------------------------------------------------16
2.3. ROLE OF INTERNATIONAL LAW ------------------------------------------------------------------16
2.3.1. THE CHARTER OF THE UNITED NATIONS ----------------------------------------------------17
2.3.2. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS, 1948 -------------------------------18
2.3.3. “THE SLAVE TRADE, AND INSTITUTIONS AND PRACTICES SIMILAR TO SLAVERY
(1956)” -----------------------------------------------------------------------------------------------------18
2.3.4. “THE DECLARATION ON THE ELIMINATION OF ALL FORMS OF RACIAL
DISCRIMINATION” ---------------------------------------------------------------------------------------19
2.3.5. “THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL
DISCRIMINATION (ICERD) ----------------------------------------------------------------------------19
2.3.6. “INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR), 1966 ---21
2.3.7. “DECLARATION ON RACE AND RACIAL PREJUDICE (1978)” -----------------------------22
2.3.8. “INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
(ICESCR), 1966 -----------------------------------------------------------------------------------------22

CHAPTER 3 ---------------------------------------------------------------------------------------------23
V
HISTORICAL PERSPECTIVES AND THE EXISTING EQUALITY PROVISIONS -23

3.1. CONSTITUENT ASSEMBLY DEBATE -----------------------------------------------------23

3.2. LOK SABHA DEBATES ------------------------------------------------------------------------------25
3.3. EXISTING EUALITY LEGISLATIONS ----------------------------------------------------27
3.4. DEBATES IN MEDIA AND PRESS -----------------------------------------------------------30
3.4.1. UNITED NATIONS COMMISSION ON HUMAN RIGHTS ------------------------------------30
3.4.2. DEBATE TOPIC- “ARE INDIANS RACIST?” BY “NDTV NEWS”--------------------------41
3.4.3. DEBATE TOPIC: “RACIST SHAME” BY THE NEWS CHANNEL “TIMES NOW”, 2014 --42

CHAPTER 4 ---------------------------------------------------------------------------------------------44

REPORTS: THE LAW COMMISSION AND THE COMMITTEE REPORT ----------44

4.1. LAW COMMISSION OF INDIA ----------------------------------------------------------------------44

4.2. THE BEZBARUAH COMMITTEE -------------------------------------------------------------------49

CHAPTER 5 ---------------------------------------------------------------------------------------------57

APPROACH OF THE SUPREME COURT OF INDIA ---------------------------------------57

CHAPTER 6 ---------------------------------------------------------------------------------------------69

CONCLUSIONS AND SUGGESTIONS ----------------------------------------------------------69

BIBLIOGRAPHY----------------------------------------------------------------------------------------75

VI
I. LIST OF CASES

1. G.M. Southern Railways v. Rangachari, AIR 1962 SC 36

2. D.P.Joshi v. State of M.B, .AIR, 1960 SC 1208.
3. P.Raghunandha Rao v. State of Orissa, AIR 1955 Orissa 1131.
4. Navtej Johar v Union of India AIR 2018 SC 4321.
5. Bilal Ahmed Kaloo v. State of AP, AIR 1997 SC 3483
6. Pravasi Bhalai Sangathan v. Union of India AIR 2014 SC 1591
7. Jafar Imam Naqvi v. Election Commission of India. AIR 2014 SC 2537
8. Brij Bhushan v. State of Delhi AIR 1950 SC 129
9. Ramji Lal Modi v. State of U.P. AIR 1957 SC 620
10. Arup Bhuyan v. State of Assam (2011) 3 SCC 377
11. Court on Its Own Motion vs Union of India & Ors12 February, 2014
12. Karma Dorjee v. Union of India (UOI) and others AIR 2017 SC 113
13. State of Maharasthra v. Sangharaj Damodar Rupawate (2010) 7 SCC 398
14. Arumugam Seervai v. State of Tami Nadu (2011) 6 SCC 405
15. Pravasi Bhalai Sangathan v. Union of India AIR 2014 SC 1591
16. Babu Rao Patel v. State of Delhi AIR 1980 SC 763
17. Swaran Singh v. State (2008) 8 SCC 435
18. Abhiram Singh v. C.D Commachen (Dead) by Lrs. &Ors Abhiram supra note 104
19. Madhu Limaye v. Superintendent, Tihar Jail 1975 AIR 1505
20. People'S Union for Civil v Union of India & Anr AIR 1997 SC 568
21. Civil Liberties v. Union of India & Anr. [(1997) 3 SCC 433]
22. Safai Karamchari Andolan and Ors v. Union of India and Ors (2011) 15 SCC 611
23. Nawabkhan Abbaskhan vs The State Of Gujarat AIR 1977 SC 112
24. National Campaign on D.H. Rights & vs Union of India AIR 2016 SC 2165
25. Dr. Ramesh Yeshwant Prabhoo v. Shri Prabhakar Kashinath Kunte & Ors AIR 1996
SC 1113
26. Jamuna Prasad Mukhariya v. Lachhi Ram, AIR 1954 SC 686

Page | 1
II. List of Abbreviations

AIR All India Reports

CBI Central Bureau of Investigation

CERD Convention on Elimination of All Forms of

Discrimination

UDHR Universal Declaration of Human Rights

IC International Convention

CJI Chief Justice of India

CPC Code of Civil Procedure

CrLJ Criminal Law Journal

ICA International Centre for Arbitration

IHL International Humanitarian Law

SCC Supreme Court Cases

UK United Kingdom

UN United Nations

2
UNCITRAL The United Nation Commission on
International Trade Laws

US United States (of America)

V. Versus

NHRC National Human Rights Commission

IPC INDIAN PENAL CODE

LAW COMMISSION OF INDIA

LCI

3
 CHAPTER 1

INTRODUCTION

This chapter deals with the understanding of books and articles which were referred to
understand the concept and nature of the racial discrimination. It also analyses the incidents
which took place in metro cities that several Indian citizens faced the issue of discrimination
on the basis of race and were deprived of the fundamental rights which are guaranteed to
them by the constitution itself. The chapter also explains the several problems raised by the
authors regarding the non-implementation of policies and efficacy of laws in the country and
failure of authorities to deliver the justice.

This chapter also contains the statement of problem kept in mind while doing this study, the
hypothesis proposed, and the approach followed in the research and the objectives of the
study. Further it explains the work plan put up in the study.

1A. REVIEW OF LITERATURE

McDuie-Ra and Duncan,(2014)1 in their book Debating Race in Contemporary India

authors have made an attempt to focus on racial issues at national level, they compiled
the experiences of communities from India’s Northeast borderland and they have also
explored the dynamics of race debates in contemporary India. It provides that an incidence
took place in “Bangalore: An inconvenient Truth: Hate crime and the Exodus were based on
the race debate. The first is the murder of Mr Loitam Richard in Bangalore and the second is
the tens of thousands of immigrants who came back to the northeast driven by the fear of a
racially targeted attack in the middle of 2012. The 'Right to Life' is not an unconditional right
but it encompasses the freedom of the people who have been abused by residents of the
mainland. one of the example is Richard Liothem murdered case and many northeast were
fled their home because of the racial treat which effect Article 21 of the Indian constitution
guaranteed for Right to life and the personal liberty of a person. The issue observed by
authors is that some citizen does not abide the law and on the other hand, authority has failed
to bring justice when crime happens to North-East people.

1
“McDuie-Ra and Duncan.(2014) Debating Race in Contemporary India.1st edn. :Palgrave Pivot”

4
Boyle, Kevin, (1992)2 this book focuses on the application and efficacy of laws regulating
hate speech. Contributors were not asked to consider other steps, perhaps more successful, to
respond to hate, bigotry and abuse. It takes a primarily legal approach to examining issues,
rather than, for example, sociological or political science, the terms "hate speech laws" and,
sometimes, "anti-hate speech laws" are used to refer to laws preventing one or all of the three
main categories of hate speech: group libel, harassment and sedition.

Nafees Ahmad, 20173 in his article ‘Racism in India: Equality Constitutionalism and Lego-
Institutional Response’, has highlighted the provisions regarding equality and protection
against discrimination in India and International Law. Its observed that Articles 14 and 15
comprise the most significant guarantees ever proposed by the India’s Constitution, where,
under the “Right to Equality”, which addresses discrimination issues and provides equal
protection of laws in India and “Article 14 also gives equality before the law and equal
protection of laws” throughout India and “Article 15 prohibits any discrimination on grounds
of religion, race, caste, gender or birth place” The real irony against the problem of prejudice,
however, is that such rights are open to Indian people but only to the Indian State and not to
the discrimination practiced and committed by private individuals.

Sitlhou and Punathil, (2017)4 in their article, they deal with two things. First, they provide a
brief account of the racial discrimination and oppression faced by North-Easterners in the
recent past in Delhi Metropolitan City. Second, it discusses the response given by the state to
deal with the problems of violence and discrimination as per the report of “Bezbaruah
Committee, 2014” and the responses and expectations of immigrants in Delhi regarding its
execution. It illustrated all the experience of discrimination and oppression from non-North-
Easterners, women are the most insecure among these immigrants as they are more physically
and symbolically assaulted. It also suggests that on-going issue of prejudice and abuse in
metro cities and all parts of the world needs more pragmatic consideration to discover
realistic solutions and policy implementation.

2
“Boyle,Kevin.(1992) ‘STRIKING A BALANCE Hate Speech, Freedom of Expression and Non-discrimination
Vol 1990, No. 3. , London. E-book [online].”
3
“Ahmad,Nafees.(2017) ‘Racism in India: Equality Constitutionalism and Lego- Institutional
Response’,[online].Availableat:https://www.researchgate.net/publication/320243889_Racism_in_India_Equalit
y_Constitutionalism_and_Lego-Institutional_Response”
4
“Sitlhou, Hoineilhing and Punathil, Salah. (2017) ‘Racial Discrimination and Violence against Northeasterners
and the Bezbaruah Committee Report, 2014’, ISS e-journal, Vol. 1 (1), [online].”

5
1B. STATEMENT OF PROBLEM

Racial discrimination, colour-ism, and caste-ism aren’t commonly dedicated in India. It can
also sometimes overlay and cases of racial discrimination in India need to be discussed more
intensely. It's important to identify racial discrimination and separate it from different forms
of discrimination. The prevailing legislation on equality, in the form of “Articles 15 and 371
of the Constitution, and the SC / ST (Atrocities Prevention) Act (1989)”, are not sufficient to
combat the issues of racial discrimination in India.

1C. HYPOTHESIS

The Supreme Court has interpreted the term ‘Discrimination’ in such a manner to safeguard
the rights of people and to deal with the ambit of Racial Discrimination.

1D. OBJECTIVES OF THE STUDY

The objectives of the study are:

i) To study and discuss the concept of racial discrimination.

ii) To understand the international standards for protection against racial discrimination.
iii) To study and analyse the judicial decisions of Supreme Court of India on discrimination.
iv) To examine the adequate measures for elimination of racial discrimination in India.

1E. METHOD OF STUDY

This research was conducted using the pure doctrinal method. Relevant data was collected
and compiled through various secondary sources viz. textbooks, magazines, journals, web
articles etc.

1F. WORK PLAN

This research paper has been broadly divided into six chapters which are as follows:

Chapter 1: Introduction

Chapter 2: Discrimination: Pertaining to Racial Discrimination

6
Chapter 3: Historical Perspectives and the Existing Equality Provisions

Chapter 4: Reports: The Law Commission and the Committee Report

Chapter 5: Approach of the Supreme Court of India

Chapter 6: Conclusions and Suggestions

7
 CHAPTER 2

Discrimination: Conceptual Analysis

This chapter seeks to analyse the concept of discrimination with reference to racial
discrimination. It also explains its nature, scope, coverage and the role of International law.

2.1. Concept of Discrimination

Across the world, the numerous individuals are confronted with discrimination, violence, and
physical and mental violence due to their ethnicity or other inborn status. Embracing and
inspiring protection of human rights beyond discrimination is among
the foremost dedications and United Nations' key dedications and principles, as protected
under "Article 1" of the Charter of the United Nations All departments, finances and services
of the United Nations are regulated by, and have a directive to uphold, the values stated under
“The Charter of the United Nations” As explicitly specified in that Notice concerning
“Human Rights” for Citizen assistants & the United nations (UN Team, the fulfilment of this
requirement is not voluntary; it is an obligation for the entire United Nations structure.5
Global human rights legislation seeks to abolish racial segregation by binding conventions
and changing norms in the world. But the effect of law on removing racism hasn't really
matched its purpose.

Segregation effects on living standards by barring people from the work showcase,
dispatching them to low paid, low quality or shaky occupations, exposing them to
mistreatment, viciousness, badgering or savagery, or compelling their chances to profit from
advancements, preparing or self-awareness, just as a result of their sex, race, ethnicity, sexual
direction, age, handicap or other gathering trademark.

"Discrimination" is mentioned under Article 1(1) i.e. Any gaps, exclusions, limits or
prejudices on grounds of racism, which "has the purpose or effect of nullifying or impairing
the recognition, enjoyment or exercise, on an equal footing of human rights and fundamental”

5
“The United Nations Charter, which establishes the mandate of the United Nations, sets out that a central
purpose of the United Nations is “promoting and encouraging respect for human rights and for fundamental
freedoms for all, without discrimination (art 1) Guidance Note on Human Rights for Resident Coordinators and
UN Country Teams, para 22”
“https://undg org/wp-content/uploads/2016/10/UNDG-Guidance-Note-on -Human-Rights-for-RCs-and-UNCTs-
final pdf”

8
freedoms”.6 Discrimination in the lawful setting can be comprehended in three
measurements. The first is imbalance under the steady gaze of the law. This alludes to by
right separation either in the formal lawful framework or at standard law. The second alludes
to inconsistent treatment on the grounds of sex, race, handicap, sexual direction, neediness or
different status. This is regularly known as immediate separation or divergent treatment. The
third component of separation tends to inconsistent effect of arrangements, practices or rules,
including mal-dispersion of social advantages, under portrayal of specific gatherings in work
or delegate structures, and institutional disparities.

The word racism is prominent in the twenty-first century, and is used all over the world. In
spite of its normal use, the significance of prejudice in global law stays subtle. Racialism
ought to be named, characterized, and perceived as an infringement of human rights
deserving of universal lawful assurance. It is recognized and precisely defined under the
publication by “UNESCO”, The Racial Issue is that there is no singular, widely agreed
definition of race. Therein the study contains that “Racism is a particularly vicious and mean
expression of the caste spirit. It involves belief in the innate and absolute superiority of an
arbitrarily defined human group over other equally arbitrarily defined groups”7 and “as an
ideology and feeling, racism is by its nature aggressive.”8

India the second most populated country in the world, perhaps has the most diverse cultures,
religions and languages. Meanwhile, and disparate more than a few developed countries,
India does not have a thorough comprehendible anti-discrimination law that can deal with all
types of discrimination. Nevertheless the “constitution of India provides protection in
contradiction of discrimination in form of Article 14, 15, 16 and the other egalitarianism
legislation. India is also the undersigned to United Declaration of Human Rights and The
concept of racism in the convention on the Elimination of All Forms of Racial Discrimination
(CERD)” it primarily focuses on the grounds of discrimination of origin, and thus does not
specifically provide for discrimination based on caste. In 2002, the United Nations general
assembly announced recommendations that caste discrimination should be classified as ethnic
discrimination under CERD.9

6
“CERD,General RecommendationVIII,adopted on 21 August1990 45 GAOR Supp 18 UN Doc 45/l8. Chapter
VII (1990).”
7
“UNESCO, supra note 2, at 3.”
8
“Id”.
9
“https://ohrh.law.ox.ac.uk/failure-of-the-indian-supreme-court-to-protect-the-rights-of-dalits/”

9
The Apex Court, in G.M. Southern Railways v. Rangachari10 held that “Article 15(4) of the
Indian Constitution to be an exclusion to Article 15(1). The applicable part is: Article 15(4)
provides, for the prohibition of discrimination on grounds stated in Article 15(1) put down
that nothing contained in the said Article shall preclude the State from constructing any
unique provision for the improvement of any socially and instructively in backward classes of
people of the Scheduled Castes and the Scheduled Tribes”.
In D.P.Joshi v. State of M.B.11 It was held that a statute discriminating in respect of
residence would not infringe Article 15(1). In this case, held that a State medical university
policy imposing a charge from the applicants who belongs to non-Madhya Bharat regarding
the purpose of enrolment to university was valid since residence has been the foundation of
the exclusion but not origin. Birth place is poles apart from the area of domicile. What is
forbidden under Article 15(1) is discrimination on the basis of place of origin and not on
residency. Likewise, the provision of a rest for State employment in the regional languages
doesn't really violate Article 15 as an examination for State employment in the regional
languages, does not violate the law Article 15 as the test is considered necessary for all
persons seeking jobs.12 A law identifying with the clearing of property isn't hostile to Article
15(1), despite the fact that it is conceivable that the greater part of the residents to whom the
enactment will apply are Muslims.

2.2. Racial Discrimination: - Meaning and Nature

Racial discrimination is the act of allowing an individual's race or skin colour to become
inappropriately a factor in determining who is seeking a salary, promotion, or other work
advantage. This most commonly affects ethnic people who believe like they have been
discriminated in favour of a white person, although there have been documented instances in
which they assert like there was reverse discrimination that, a minority group got unjust
favourable treatment at the costs of the white person.

Several people might think of race groups as “natural” features replicating significant genetic
distinctions along all sects of people because their ancestors belongs to the several parts of
this world. Although ethnic categorisations usually connected to visible features and the
distinctions amongst individuals, for most individuals the apparent naturalness of race
appears evident. This definition represents a profound misconception about the existence of

10
“G.M. Southern Railways v. Rangachari, AIR 1962 SC 36”
11
“D.P.Joshi v. State of M.B, .AIR, 1960 SC 1208.”
12
“P.Raghunandha Rao v. State of Orissa, AIR 1955 Orissa 1131.”

10
classifications of race. Race is not a biological nor a social concept. Although racial prejudice
typically contains the ethnicity that it belongs to genetic physical attributes, that how these
characteristics are handled and the way they are explained under the classes we say "races"
are determined by societal norms, and does not by the biology13

According to its simplest meaning, racial discrimination pertaining to the differential conduct
of persons or sets based by the ethnicity or race. National Research Council distinguishes
among unequal action and unequal effects in describing racial discrimination, and provides a
following definition: “(1) differential treatment on the basis of race that disadvantages a
racial group and (2) treatment on the basis of inadequately justified factors other than race
that disadvantages a racial group (differential effect)”.

Another aspect of this concept expands its range to also include actions and procedures which
may not be racially influenced by themselves but ultimately result from the historically
marginalized minority groups. Beyond the most conventional types of deliberate
discrimination, these institutional processes are critical in determining how valuable
incentives are conditioned by race.

Racism is the stigma in the sense of racism and ethnic discrimination is the action which
expresses the disgrace. Racialism is embedded by the philosophy of traditional supremacy,
culminating in simplistic & conclusive assessment of genetic distinctions, if it’s actual or it’s
perceived, beneficial to the racist, devaluing the other in order to justify a violence or
superiority.14 Racism is spread across generations and helps to validate the hierarchical
structure of society under which one community takes precedence over another. Racism
manifests itself via societal expectations, cultural beliefs and oppressive patterns of individual
and/or group behaviour.

Eventually, a reference to legal meaning can be established. “In Article 1(1) of the
International Convention on the Elimination of All Forms of Racial Discrimination,
discrimination based on race or discrimination is described as: any discrimination, which is
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”

13
“https://www.ssc.wisc.edu/~wright/ContemporaryAmericanSociety/Chapter%2014%20
%20Racial%20inequality--Norton%20August.pdf”
14
“Aissata, De Diop, Panel discussion at the CSW 45th session, pp. 6-16, Geneva, March 2001.”

11
As in Brazil, ethnic classifications are based on a far more scale based, as compared to the
United States. All Asian people are considered a separate ethnic section in the U.S.; Japanese,
Chinese, Koreans, and Vietnamese are taken into consideration different races in East Asia.
Through 1911, the U.S. Immigration commission noted persons of “Ireland, Spanish, Polish,
and English origin to be separate races and also the 1924 Immigration Act passed by the
legislature limited immigration from whatever was called Southern and Eastern Europe's
unfair races”

Jews have been considered a separate race throughout Germany under its Nazis, not solely a
religious minority or an ethnic minority. Tutsi and Hutu were still considered different groups
in Africa today. Consequently, racial classifications aren't ever granted easily by physical
origin. Though they persistently involve biology; they are often created thru complex
religious as well as social structures.

Logically, ethnic categorizations do not mean racial inequality (i.e., a power-backed social
injustice). That's how ethnic difference are often experienced: being of Italian or Swedish or
Swedish origin in America means having a certain cultural heritage, and maybe even
engaging in certain cultural traditions, however this does not signify any forms of
discrimination surrounding these groups. This could be just that, racial difference: variations.
In fact, racial discrimination may be “merely a way of identifying physical distinctions of
various kinds which are related to hereditary descent”. In reality, however, racial
classifications are often linked to facets of inequitable social inequalities, dominance, and
segregation, as well as conceptual frameworks which assign belonging to different statuses
and characteristics as per races. Matter of fact, as a socioeconomic differentiation we may
argue that racial discrimination in people's daily lives are popular largely to the degree that
they are related to types of sociological-economic discrimination.15 This thoroughfare of
ethnic identity with discrimination is designated by the term "racism."16

Racial discrimination is a reality and it is perpetually practiced and overtly bloated all around
the global spectrum in all social groups in the web of liberty, democracy and brotherhood.

15
“Once a racial category becomes historically rooted and part of the daily lives of people it can also become an
ethnicity – a category of people with shared historical experience, cultural practices and identities. This adds to
the complexity of race as a form of social division”
“https://www.ssc.wisc.edu/~wright/ContemporaryAmericanSociety/Chapter%2014%20--
%20Racial%20inequality--Norton%20August.pdf”
16
“The word “racism” is sometimes used more narrowly to refer simply to beliefs and ideologies that have a
racist content. We will use the term in a more encompassing way to include both the social relations and the
systems of belief that link forms of socioeconomic injustice to racial classifications.”

12
Racial inequality destroys the all-embracing moral structure and destroys all dimensions of
humanity's common rights. Racism is essentially the most vindictive and obvious derivation
of human dignity in divinities, spirituality and worldliness sanctioned by universal wisdom.
The racial prejudice castles are indeed alive, consequently, and smacking in every nook and
part of the globe and India does too.

The definition has an animus dimension, or “motive or intent to interfere with the exercise of
a right.17 That can lead to an intervention, or behaviour Such as incitement to violence,
physical aggression, or infringement of somebody's rights which could consist of race
prejudice. Racial segregation always speaks for itself the belief that all members of each race
possess characteristics, abilities or qualities specific to that race, especially so as to
distinguish it as inferior or superior to another race or races”18 Hence, the explanation of
racialism differs.

Presently are some incidents in which nations in some international treaties and institutions
have embraced or approved legal standards of racial discrimination that provide valuable
guidance. “The European Commission combating Racism and Bigotry (ECRI), for instance,
defines racial injustice as a the belief that a ground such as race, colour, language, religion,
nationality or national or ethnic origin justifies contempt for a person or a group of persons,
or the notion of superiority of a person or a group of persons, the prominence here existing on
faith.19 The Inter-American Convention regarding racial injustice and discrimination
describes racism as any concept, philosophy, policy or collection of ideas suggesting a causal
connection within and between phenotype diversity and phenotype features of particular
groups. Traits like the illusion of racial privilege and recognizes that prejudice contributes to
racial inequalities, and to the idea that discriminatory relations between groups are morally
and scientifically justified.”20 “Those sources focus on providing important incidents of how
racial hatred can be defined as a legal construct”.

17
“DUHAIME’S LAW DICTIONARY, definition of “animus,” http://www.duhaime.org/LegalDiction
ary/A/Animus.aspx [https://perma.cc/8HG8-W3RL].”
18
“OXFORD DICTIONARY, supra note 2.”
19
“ECRI Mandate, EUROPEAN COMMISSION AGAINST RACISM AND INTOLERANCE (2019), https://
www.coe.int/en/web/european-commission-against-racism-and-intolerance/ecri-s-mandate [https://per
ma.cc/9UU6-MRK7].”
20
“Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance art. 1,
June 5, 2013, O.A.T.S. A-68” (“Racism consists of any theory, doctrine, ideology, or sets of ideas that assert a
causal link between the phenotypic or genotypic characteristics of individuals or groups and their intellectual,
cultural, and personality traits, including the false concept of racial superiority.” “Racism leads to racial
inequalities, and to the idea that discriminatory relations between groups are morally and scientifically justified.
All the theories, doctrines, ideologies, and sets of racist ideas described in this article are scientifically false,

13
A fundamental difficulty in describing racism exists in that its definition is concretely related
to one's perception of race. Race has really no individual genetic or biological basis. It is then
a sociological concept of context-dependent significance. Race is not a common expression
and in Zambia, it also has various definitions than in Japan or the United States.

Racial inequality is both functionally based on the importance of race and autonomous as a
representation of ideologies occurring through thinking, behavior, intervention, and omission.
In their creation of discrimination.21 In the 1950's, UNESCO identified it as "a philosophy
and perception.”22 In contrast, as constructed by ICERD, racial segregation includes action
required for the “purpose or effect” & “nullifying or impairing” ones fundamental
privileges.23 Nonetheless then the idea of racism, described in this context, ignores the
underlying problems of discrimination, such as the racist beliefs and prejudices many hold
that affect their development and behaviours.

Fighting racism also allows it to be seen as a manifestation of race theory.24 The common
characteristic that links up racial discrimination throughout worlds and areas is its function in
promoting a social structure that positions certain lower class some at the upper edge based
on established categories of races. This racial paradigm system propagates a power system
that gets ingrained in law, policy, economic output, and cultural values.25 In addition, the
harm of racial prejudice derives not just from an abusive behaviour but also by the
humiliation incurred when an “individual or group” reacts to a “basis of race or ethnicity”

morally reprehensible, socially unjust, and contrary to the basic principles of international law; they therefore
seriously undermine international peace and security and, as such, receive the condemnation of the States
Parties)”
21
“This can be seen in racial ideology as evidenced during the Nazi Party and Holocaust. See Victims of the
Nazi Era: Nazi Racial Ideology, HOLOCAUST ENCYCLOPEDIA, https://encyclopedia.ushmm
.org/content/en/article/victims-of-the-nazi-era-nazi-racial-ideology [https://perma.cc/SQ8N-N67P]. See
generally EDUARDO BONILLA-SILVA, RACISM WITHOUT RACISTS: COLOR-BLIND RACISM AND
THE PERSISTENCE OF RACIAL INEQUALITY IN AMERICA (2018); Lawrence D. Bobo, Somewhere
between Jim Crow and Post-Racialism: Reflections on the Racial Divide in America Today, 140 DAEDALUS
11 (2011); David O. Sears & P.J. Henry, Over Thirty Years Later: A Contemporary Look at Symbolic Racism,
37 ADVANCES IN EXPERIMENTAL PSYCHOL. 95 (2005).”
22
“UNESCO, supra note 2, at 3.”
23
“ICERD, supra note 3, art.1” (“In this Convention, the term ‘racial discrimination’ shall mean 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.”).
24
“UNESCO, supra note 2”.
25
“See generally Cheryl I. Harris, Whiteness as Property, 106 HARV. L. REV. 1707 (1993); Kimberl´ e
Crenshaw, Mapping the Margins: Intersectionality, Identity Politics, and Violence Against Women of Color, 43
STAN. L. REV. 1241 (1991); Camille Gear Rich, Marginal Whiteness, 98 CALIF. L. REV. 1497 (2010); Nancy
Leong, Racial Capitalism, 126 HARV. L. REV. 2152 (2013).”

14
identification with the presumption that they are better in comparison to that other
community.

Racism, casteism and colourism aren't really generally exclusive of each other India-they
may also intersect. Consequently, this would not indicate racial discrimination doesn't really
prevails.

Racial segregation is been prolonged throughout the planet, also was accountable to its
utmost tragic incidents, including the colonial “Trans-Atlantic Slave Trade, and later the
American Civil War”. Radicalized oppression, that is to say, the oppressive regime, persisted
in South Africa somewhat in the twenty - first century.

Such racial biases that Indians have always lead to the creation of white racism which is
evidenced by the amount of "fairness" goods on the market. Women of darker complexions
in specific are extremely susceptible to racism rooted in culture. Largely, segregation and
colour-ism debate in India has integrated, for example, across India’s discussions on caste-
ism. Ethnic segregation initiatives have also turned to campaigns for common experiences
and motivation toward racial discrimination.

Racial inequality, caste system, and ethnocentrism are not strictly exclusive of each other
India – it may also overlap. Nevertheless, it do not signifies that people aren’t racist. Racism
needs to be identified and distinguished from many other types of discrimination, to never
take away from this article of discriminatory practices but to effectively understand the basic
aspects of racism. In this list, we’re discussing how India's bias discussion was created to
understand the implications of India's race discrimination experiences.

2.2.1. Race as Caste

“In 2001, The United Nations Convention on racial discrimination” in began taking up the
issue of casteism, which supported the Dalit provoke by offering it worldwide support.
Afterward, bigotry and caste debate in India became quite intertwined. As Ambrose Pinto
stated quickly afterwards, In addition to juxtaposing caste with race and gender as forbidden
basis of discrimination, the clauses in the constitution of India also correlate casteism with
racism. Pinto refers to “Articles 15, 16, 17, 23 and 29 of the Constitution that serve both for
caste discrimination and racial discrimination”.

15
2.2.2. Denying Racism
In 2012, after Richard Loitam’s complicated and shocking deaths “in Bengaluru and Dana
Sangma in Gurugram”, a controversy on racial discrimination started opening in mainstream
news channels, social networking and major news outlets. The reaction mostly from
government described discrimination against minorities mostly from “northeast in respect of
their tribe (ST/SC status) and not as racism”.

2.2.3. Race and Space

“Racism gets more and more pernicious when entangled with other forms of differentiation.”
Example, if race-bias is intertwined with sex-ism it produces common beliefs & assumptions
for north-eastern females. The distinctions seen in the facial features or skin complexion
become the main focus of inhumanity, sheer hatred and thus aggression.

2.3. Role of International Law

Racial discrimination is contradictory to “human rights law” that further focus to bestowed
t0 the advancement of individual rights. The restriction toward race discrimination is an
acknowledged primitive standard in international norms, explained in “the Charter of the
United Nations, in ICERD, and also in international custom.”26 “It confirms the values of
non-discrimination including fair treatment when applying international norms”.27 It serves as
a protector that nations should extend fundamental protection of Human rights fairly to their
citizens, and also that States should take affirmative action to tackle race discrimination.

“The International Convention on the Elimination of Racial Discrimination (ICERD), 1966”,

is the cornerstone of UN general perspective. Accordingly, this statement should highlight
this anti-racial-discriminatory convention, signed by the vast majority of the world’s nations,
and also the function of the body overseeing its application, the Committee on the Abolition
of Racial Discretion. This will also incorporate other concepts, such as the role of the
rapporteur or an impartial UN-appointed expert to complement CERD’s work.

26
“See generally UN CHARTER (1945), http://www.un.org/en/sections/un-charter/chapter-i/index .html
[https://perma.cc/7V37-EKCZ]; ICERD, supra note 3 (Convinced that the existence of racial barriers is
repugnant to the ideals of any human society, id. at Preamble); DANIEL COSTELLOE, LEGAL
CONSEQUENCES OF PREEMPTORY NORMS IN INTERNATIONAL LAW 16 (2017) (The lists of
preemptory norms typically include the prohibition of genocide, the prohibition of aggression, the prohibition of
slavery, the prohibition of apartheid or racial discrimination, the prohibition of torture and the prohibition of
infringing upon a people’s right to self-determination); Responsibility of States for Internationally Wrongful
Acts, 84–5 (2001) (identifying the prohibition of racial discrimination as a preemptory legal norm along with
prohibitions against aggression, genocide, slavery, crimes against humanity, torture, and the right of self-
determination)”
27
“For a comparative analysis of the principle of non-discrimination, see generally MPOKI MWAKAGALI,
INTERNATIONAL HUMAN RIGHTS LAW AND DISCRIMINATION PROTECTIONS (2018)”

16
In 2003 the Third Phase against Racial-discrimination ended. The organizing of world
international meetings against racism was another effort related to these decades. The third
such meeting, and arguably the most important, was conducted in Durban, South Africa
during 2001 at “The World Conference about Racism, Ethnic Discrimination, Xenophobia
and Related Bigotry”.

2.3.1. The Charter of the United Nations

The United Nations Charter was established on 26 June 1945 in San Francisco, the US a new
start following two destructive wars. The Charter affirmed the enforceable principles of fair
treatment and anti - discrimination as one of its core human rights dedication. This forbidden
it's use race , sex, religious affiliation as an justification for unequal treatment with respect to
human rights acknowledgment.

The word racial discrimination is not included in its text.28 Neither does it address slavery,
colonialism, nor segregation, including all who at the point of the Charter’s formation were
influential political subjects. That's what the Charter clarifies about the matter. The Charter
under Article 1.3 promotes “respect for human rights and for fundamental freedoms for all
without distinction as to race, sex, language, or religion.”29 “Article 13.1.b permits the United
Nations, again without distinguishing between racism as well as other variables, to research
and make suggestions on global cooperation; related terminology is used in Article 55.c
addressing international policy coordination and in Article 76.c addressing the goals of the
protectorate structure in regards to human rights”

“Human rights were to be delighted in by all without qualification. The Charter doesn't just
address political and social liberties yet in addition calls for worldwide economic and social
collaboration”.

“Article 55 states that: with a view to the creation of conditions of stability and well-being
which are necessary for peaceful and friendly relations among nations based on respect for
the principle of equal rights and self-determination of peoples, the United Nations shall
promote (a) higher standards of living, full employment, and conditions of economic and
social progress and development.”

In alternative words, all individuals square measure authorized to exercise “all their rights
and to profess them without any discrimination”. This assurance of the international

28
“U.N. CHARTER. art. 1, ¶1 (identifying the maintenance of peace as the United Nations’ first purpose).”
29
“Id. at art. 1, ¶3.”

17
community was emulated even earlier by “The International Labour Organization (ILO)
within the Declaration of city (1944)”. This thoroughbred that “every individual, regardless
of race, creed or sex, have the proper to pursue each their material well-being and their non-
secular development in situations of freedom and dignity, of economic security and civil
right. ILO Agreement No. 111 regarding Discrimination in Respect of Employment and
Occupation reworked this principle” into a global pact.

2.3.2. The Universal Declaration of Human Rights, 1948

The “basis of discrimination mentioned in the United Nations Charter – sex, race, language
and re1igion – were Noteworthy the declaration of human rights (UDHR) of 1948”30
Humanity's most influential text ever expressed ambitions for democracy, rights and liberties
and justice. The Universal Declaration put on the list of absolutely unacceptable
differentiations within that enjoyment of rights race, ideological or other views, national or
social origin, land, identity or other status. The declaration moreover promotes the equal
opportunities among all persons before the legislation and their privilege without
discriminatory practices to full legal protection. It understands “integrity & inalienable rights
of all members of all human family members as the foundation of global liberty, justice, and
peace”.

“The Charter and the declaration of human rights” thereby acknowledge together that
fairness along with antidiscrimination sets the basis of “the principles of the United Nations
and therefore of the international organizations”. The Charter’s profounder along with the
General Assembly certainly embraced the job of the “United Nations” as the organisation that
would go for setting for battling sources; which will go about as an ethical stage for equality
as basis of non-discrimination of human rights; that would empower, through universal
participation, strategies that would realize the objectives of fairness, equity and non-
segregation for everybody.

2.3.3. “The Slave Trade, and Institutions and Practices Similar To Slavery (1956)”
“The United Nations Economic and Social Council gathered a meeting of Plenipotentiaries
that received this Convention, as an enhancement to the 1926 Convention to Overpower the
Slave Trade and Slavery, on September 1, 1956 and it went into power on April 30, 1957.
Article 7 alludes to the 1926 Convention on the Abolition of Slavery” and characterizes it in

30
“Hilary Charlesworth, Universal Declaration of Human Rights (1948), in MAX PLANCK ENCYCLOPEDIA
OF PUBLIC INTERNATIONAL LAW (2008), [Available at: http://opil.ouplaw.com/view/10.1093/law:epil/
9780199231690/law-9780199231690-e887] [https://perma.cc/52FL-EQ2G].”

18
that capacity: “(a) Slavery: signifies, as characterized in the Slavery Convention of 1926, the
status or state of an individual over whom any or the entirety of the forces connecting to one
side of proprietorship are worked out, and ‘slave’ signifies an individual in such condition or
status.” “The Convention further characterizes the slave exchange and practices like
servitude, covering obligation subjugation, serfdom, and bondage through marriage. Article 9
denies objections to this Convention.”31

2.3.4. “The Declaration on the Elimination of All Forms of Racial Discrimination”

“The General Assembly approved a declaration that was to be the foundation of a intensive
campaign to deal with the racial discrimination.”32

The convention's primary objective was racial discrimination as idealism. It argues that racial
distinction or supremacy theory is fundamentally false, morally reprehensible, socially
inhumane and harmful. In principle or action, though, there is no excuse for bias. It often sets
all the honest objectives for the impending by specifying that:

“Discrimination between human beings on the ground of race, colour or ethnic origin is an
offence to human dignity and shall be condemned as a denial of the principles of the Charter
of the United Nations, and as a violation of the human rights and fundamental freedoms
proclaimed in the Universal Declaration of Human Rights”33

“The Declaration made the world dedicated to combating race discrimination. Specifically, it
prevailed across all States to amend legislative and other policies and programs, and to
revoke laws and rules that constitute and propagate racial segregation”. It encouraged all the
institutions, states and nongovernmental organizations of the United Nations to do whatever
they can to work against the elimination of all types of discrimination.

2.3.5. “The Convention on the Elimination of All Forms of Racial Discrimination

(ICERD)
ICERD was introduced on 21 December 1965 and took effect in January 1969”. The global
community had an enforceable universal legal agreement for about the first time, aimed at

31
“Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery, Sept. 7, 1956, 266 U.N.T.S. 3.”
32
“United Nations Declaration on the Elimination of All Forms of Racial Discrimination, adopted by General
Assembly resolution 1904 (XVIII), 20 November 1963.”
33
“Declaration, article1.”

19
eradicating race based discrimination and prejudice. Many 162 Member States have indeed
consented to be obliged by international conventions ICERD34

Article1of the “Convention defines racial 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.”

It also includes and encompasses all incidents of racially based unequal treatment in every
part of the world, either due to race, colour, national or ethnic origin, if either deliberate or
involuntary, with the "cause or consequence" of invalidating or inhibiting the integrity of a
individual. The Convention calls for all the introduction of special steps, such as strategies of
equal opportunity, to facilitate redress of the consequences of prior experiences of racism.
This is often referred to as 'reverse racism,' though in some regions of the world it has proven
to be a complex subject.

The “Convention permits such measures for the sole purpose of securing advancement of
certain racial or ethnic groups or individuals requesting such protection as may be necessary
in order to ensure their equal enjoyment or exercise of human rights and fundamental
freedoms. Policies and programmes intended to reverse the effects of past discrimination are
not to be deemed discriminatory The Convention requires those interventions expressly for
the purpose of protecting the development of those race or ethnic groups or persons seeking
that safeguard as may be appropriate to facilitate their larger effects or practice of protection
of human rights and freedom (article1 (4))”35

“Article 2 of the Treaty: call for States parties to confirm that public powers that be and
establishments, equally national and local, do not involve in any preparation of ethnic
discrimination. States must also examine supervisory, nationwide and limited guidelines and
amend, rescind or nullify any laws and regulations which have the effect of creating or
perpetuating racial discrimination. In adding, States are obligatory to prohibit and bring to an
end, by all appropriate means, racial discrimination by any persons, group or organization It
put on to the public sector, and also to the activities of persons, groups and establishments”

34
“For the list of countries that have ratified the Convention, see www.unhchr.ch (at index and status of
ratification of human rights treaties).”
35
“Positive discrimination on ground of gender is discussed in chapter 12.”

20
“Article 3 of ICERD: Restricts all categories of racial discrimination in all parts of the world,
and specifically refers to segregation. It forbids any explicit discrimination and warn against
such an unintentional' or implicit policy initiatives which would have the impact of
segregating groups of different races, ethnicities, beliefs and areas” of the world.

“Article 4” It Explicitly forbids discriminatory scaremongering and facilitates member states

to introduce legislation sanctioning actions that propagate ideas founded on racial supremacy
and hate; incites racism; inflicts aggression “on any ethnicity or community of persons of a
different shade or ethnic background; or offers financial or some other support to
organisations that promote racial” violence.

“Article 5 of ICERD basically focuses on the norm of protection against discrimination in the
application of administrative, civilian, economic, social and cultural human rights. It
ascertains, in specific, rights that sufferers of ethnic discrimination are regularly deprived of
or requirement for their shelter”.

“Article 6 takes into consideration the entitlement of a person to redress which the person has
become the target of race profiling. It is that a States should provide effective and productive
support and remedial measures against problem of racial discrimination national tribunals and
other State institutions”. Sufferers are eligible for fair & reasonable retribution, relief from
any encounter of prejudice for physical and psychological harm sustained.

The second piece of the Convention sets out an extensive plan for its usage. This incorporates
outside survey of the satisfaction of States commitments and of techniques that takes into
account grumblings over demonstrations of ethnic bias. The consideration of that usage
framework it was viewed as basic if the “Convention was to demonstrate powerful. It was
likewise a significant point of reference in building worldwide human rights lawful
assurance. It’s a model for later worldwide human rights instruments. The fundamental
highlights of the execution arrangement of the Convention will be quickly set out”.

2.3.6. “International Covenant on Civil and Political Rights (ICCPR), 1966

(ICCPR) basically provides for civil and political privileges advising the member states to
respect and to safeguard to all persons contained by its region and matter to its jurisdiction
the human rights acknowledged in the Covenant, devoid of difference of any type, such as
sex, race, language, religion, political or other opinion, place of birth or other status. States
furthermore embark on to confirm the equivalent rights of men and women to the delight of
all human rights set into view in the Covenant.”
21
“Articles 2, 4, 24, and 26 reference provisions that shall be undertaken without discrimination
on the basis of race (and other factors). Article 2 provides: Each State Party to the present
Covenant undertakes to respect and to ensure to all individuals within its territory and subject
to its jurisdiction the rights recognized in the present Covenant, without distinction of any
kind, such as race, colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status.” Article 26 also provides that: “All person are equal
before the law and are entitled without any discrimination to the equal protection of the law.
In this respect, the law shall prohibit any discrimination and guarantee to all persons equal
and effective protection against discrimination on any ground such as race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or other
status. The treaty does not reference racism.”36

2.3.7. “Declaration on Race And Racial Prejudice (1978)”

As embraced by the “General Conference of the UN Educational, Scientific and Cultural
Organization (UNESCO) on November 27, 1978, it provides detailed and nuanced reference
to race and racism.” It unambiguously states in “Article 1” that “all human beings belong to a
single species and are descended from a common stock.” “Article 1.2 names a right to be
different. Also in Article 2.2 determines racism as racist ideologies, prejudiced attitudes,
discriminatory behaviour, structural arrangements and institutionalized practices resulting in
racial inequality as well as the fallacious notion that discriminatory relations between groups
are morally and scientifically justifiable”.37

2.3.8. “International Covenant on Economic, Social and Cultural Rights (ICESCR),

1966
ICESCR gives different measures in the economic, social and social circle and desires the
member states gatherings to ensure the rights articulated in the Covenant without segregation
of any sort as to race, complexion, sex, language, religion, political or other estimation,
national or social starting point, property, place of origin”.

36
“International Covenant on Civil and Political Rights, Dec. 16, 1966, 999 U.N.T.S. 171. See also Human
Rights Comm., General Comment 18, U.N. Doc. HRI/GEN/1/Rev.1 (1994).”
37
“UNESCO Twentieth Session of the General Conference, Declaration on Race and Racial Prejudice, 3/1.1/2
(Nov. 27, 1978).”

22
 CHAPTER 3

Historical Perspectives and the Existing Equality Provisions

This chapter aims to deliver a description of the historical contexts of Indian Constitution and
also discusses the security offered under the current anti-discrimination provisions. Part I of
this chapter analyses the purpose of insertion of Article 15 of the Constitution by the
Constituent Assembly in its debate dated 29th of November 1948.

Part II of this chapter studies the existing equality legislation, in the form of “Articles 15 and
371 of the Constitution, and the SC/ST (Prevention of Atrocities) Act (1989)”

Part III deals with the debates of Press and Media regarding current incidents of the racial
discrimination.

3.1. CONSTITUENT ASSEMBLY DEBATE

India became the first country to lift its voice against apartheid in the “United Nations.” India
views prejudice and ethnic inequality as the converse of all humankind stands for- equality,
justice, harmony and development.

“Article 15 of the Constitution of India, 1950 (Draft Article 9) was debated in the Constituent
Assembly on 29 November 1948. The Assembly was united on the value of the Draft Article
in the fight against discriminatory practices in Indian society. Nonetheless, the leaders needed
some modifications.”

“Shri C. Subramaniam (Madras)”: Sir, I move: "That the second para. Of clause (1) of Article
9 be numbered as new clause (1a), and the words 'In particular' in the new clause so formed,
be deleted.” “The explanation for the amendment is this: Article 9 as it stands is a little
misleading. 9(1) states: The State shall not discriminate against any citizen on grounds only
of religion, race, caste, sex or any of them”. At that time it provides: "In particular, no citizen
shall, on grounds only of religion, race, caste, sex or any of them, be subject to any disability,
liability, restriction or condition with regard to-- (a) access to shops, public restaurants, hotels
and places of public entertainments, or". It appeared that, despite a general clause specifying
that the State shall not discriminate between the persons, there are cases in which the State
does not discriminate through the use of the words “in specific.” It's not as a matter of fact.
“After the words 'In particular,' this clause applies to access to stores, etc. That is not a case

23
where the State has the power to discriminate. It can then be read as a particular clause. This
is why it was proposed that the term 'in particular' should be omitted and instead form a new
clause 9(1a) thus”: "No citizen shall, on grounds only of religion, race, caste, sex or any of
them be subject to any disability".

“Syed Abdur Rouf (Assam)”: moved that: "That in Article 9, after the word 'sex' wherever it
occurs, the words 'place of birth' be inserted. The purpose of this article is to prohibit
discrimination against residents. They banned discrimination on the basis of 'religion, colour,
caste or age.' Yet I believe, Sir, that the evil forces who may try to discriminate against
people do not do so on the basis of ethnicity, race, caste or sex. The effort to discriminate on
grounds of faith would be too overt an assault for us to risk. The same logic holds as for
caste. As for race, I don't believe that in the middle of the twentieth century, there should be
someone trying to discriminate on that level. What has been possible in days gone by is not
possible today. Now, let's see if the term race will save the situation. Race has a rather
detailed definition which exists in situations such as the Aryan race, the Dravid race, the
Mongolian race, etc. If someone wishes to discriminate on the basis that a certain person
belongs to a specific community, the term race cannot limit the scope. In my view, efforts
can be made to discriminate against people on the ground of birth and under the cover of
local patriotism. To protect against such possibility, I have tabled this amendment”, and
hoped for its approval.

Others contended that the “Draft Article did not include discrimination on the basis of family
and descent. Others desired clear reference to parks, roads and tramways as possible public
areas wherever people could be separated against. In answer to these concerns, it was
explained that even though the Draft Article explicitly addresses those spaces, the general
meaning of the language used in the Article was appropriate to include a wide-ranging variety
of public spaces, together with those not mentioned” in the script of the Article.

In “addition to the clause in the Draft Article which required the State to make special
provisions for women and children, there was also a provision to increase a similar
arrangement for Scheduled Castes and Tribes. It was not followed – it was suggested that this
method would reinforce the division” of “Scheduled Castes and Tribes. The Article was
implemented with a numeral of amendments”.

Analysis of the debates of the National Assembly and of the debate on the First and
Seventeenth Amendments, limitations on expression grounded on hate expression are

24
imposed mainly “beneath the words 'public order' and, to a smaller degree, 'sovereignty and
dignity' referred to in Article 19(2). Both sections 153A and 295A were appropriate as public
order restrictions.”

Article 15(1) of the Indian Constitution38 “Early Article 15 jurisprudence provides for an
understanding of the phrase ‘only on grounds of’ as comparing the base of discrimination
with grounds, i.e. signifying a rational sense of causation in discrimination. In other areas of
law, where causality describes the relation amongst cause and effect, the speciality of the law
on discrimination is that of connecting root and consequence through the device of ground”.

Therefore, in discrimination law, for illustration, “it is not plentiful to prove that an employer
had a policy leading to the dismissal of a pregnant fellow worker; it must be shown that the
termination is related to factors, in this case, of sex or pregnancy. This is valid for both direct
discrimination, where discrimination is specifically based on those grounds, as well as
indirect discrimination where discrimination is the product of neutral policies which are
extended to all but have an especially discriminatory effect on some based on their personal
characteristics of race , sex , class, caste, sexual orientation , disability, religion, age” etc.

In “Ramji Lal Modi39 has held that after the First Amendment in 1951, the language of 19(2)
read – in light of a legitimate concern for open request". It should be perused
comprehensively, to such an extent that laws, for example, “segment 295A doesn't manage
open request yet can be perused as 'in light of a legitimate concern for open request.'
However, on the off chance that despise discourse is frequently about culpable people or
hurting strict assumptions (without influencing open request), it might be legitimized under
the respectability and ethical quality condition of Article 19(2)”.

3.2. Lok Sabha Debates

i) “Need To Introduce A Bill To Present Racial Discrimination- on 10 June, 201440

Shri Ninong Ering suggested the necessity to bring together a bill to address ethnic
discrimination against the people of the North East region which would include the subject
matter of the North East in textbooks to raise awareness of the history of the North East
Racial biases against people from the north-east are most strongly felt at the official level,
where their ethnicity is often challenged.” The M. P. Bezbaruah committee which was
38
“Provides that, “the State shall not discriminate against any citizen on grounds only of religion, race, caste,
sex, place of birth or any of them.”
39
“Supra note 13.”
40
“http://164.100.47.132/LssNew/psearch/Result16.aspx?dbsl=630”

25
constituted following the killing of Nido Tania has recently submitted its report. The report
details are needed to be discussed in the house and the committee has suggested for
amendment in Indian Penal Code and introduction of anti-racial law.

He suggested the government to introduce required bill for the purpose of prevention of racial
discrimination, and stated the need of inclusion of course content on North-East region in the
text books. Because It is necessary to increase the awareness about North East so as to
discourage the stereotypes and prejudices.

ii) In Sixteenth Lok-sabha On 10 March,2015: Action must be taken to put an end to

perceived racial discrimination, sexual abuse and assaults on citizens in the north-
eastern states of the country.

The question raised by Shri Badruddin Ajmal in order to take a hard look at the question and
order an investigation and “immediate action could be taken against those involved in the
racist assault on Arbaz Uddin Ahmed in order to prevent any such despicable incident in the
future. Arbaz Uddin was a student from the North East. Many students from the North-East
are facing similar assaults. They’re facing these attacks on their lives. I recall last year that
19-year-old Arunachal Pradesh student Nido Tania was targeted in a racist assault in the very
Lajpat Nagar district of Delhi. The Committee formed after the death of Nido Tania has
reported that the national capital is at the top of the list in terms of racial discrimination
against people from the northeast region. Hundreds of thousands of people from the north-
east, both men and women, boys and girls, reside here to seek education and earn a living.
Given the government’s promise, racial discrimination, sexual harassment and assaults on
students and citizens in the northeast area have not stopped. It's a really serious matter.
Things” like this do not happen.

iii) Sixteenth Loksabha on 25 July, 2017: Regarding incidents of racial discrimination41

Shri Ninong Ering said that when folks from South India were humiliated for their dark skin,
minorities were humiliated for following their traditional ideas and culture, and people from
Northeast were also discriminated against. These are not the only cases, in fact the issue of
prejudice against skin color and special facial makeup is deeply ingrained and sometimes
such cases turn nasty, as was seen in the Bangalore case in which a group thrashed an African
pair and burned their cars.

41
“The Lok Sabha Debates, 2017 [Available at: http://loksabhaph.nic.in/Debates/Result16.aspx?dbsl=11879]”

26
Such incidents are mainly against citizens from the North-Eastern States of India in the North
Indian States, with Delhi being the most infamous (according to the 2014 MP Bezbaruah
report). These cases of racial binge can largely be explained by the fact that, even after 70
years of democracy, they still face prejudice. The remoteness of NE from mainland India has
contributed to a cultural divide between people as a whole, which, in some circumstances, is
expressed as racial epithets towards each other. Sometimes these exchanges turn violent and,
in each case, disrupt the unique fabric of homogeneous and heterogeneous India.

The remedy would therefore not only entail the elimination of this kind of separation, but
should also tackle the broader problem of the national integration of the indian people with its
incredible diversity. He also recommends that the government take more measures with the
help of NGOs and the private sector and improve our preventive mechanism to ensure that
these unfortunate accidents do not happen again.

3.3. EXISTING EUALITY LEGISLATIONS

“Article 15 of the Indian Constitution provides that the State may not discriminate on the
basis, along with other things, of race. However, the legal validity and constitutionality of this
Article to crimes of a racial nature must be investigated. Article 371 of the Constitution puts
down specific provisions for the states of Maharashtra, Gujarat, Nagaland, Assam, Manipur,
Tripur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa. While the relevant
provisions to the mainland countries relate primarily to development, jobs and education, the
provisions for the North-Eastern States are much more comprehensive”.

Like the “Constitution, the Scheduled Caste and Scheduled Tribe Act, 1989 (the SC / ST Act)
exists to protect the rights of some minorities. As one of the most relevant anti-discrimination
legislation in India, it is similar to anti-racism legislation in that it protects a certain class of
citizens” from outside it.
“The Constitution of India forbids discrimination on any level, including race. A crucial step
towards the elimination of racial discrimination was taken on the eve of the commencement
of our constitution by the Criminal Law (Removal of Racial Discrimination) of 1949. Section
153A of the Indian Penal Code forbids the propagation of ideas that encourage disharmony
on different grounds, including race.”
“Constitution of India
a) Article 14: Equality before law- The State shall not deny to any person equality before
the law or the equal protection of the laws within the territory of India.

27
b) Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place
of birth.42 However, this Article does not prevent the State from making any special
provisions for women or children. Further, it also allows the State to extend special
provisions for socially and economically backward classes for their advancement. It
applies to the Scheduled Castes (SC) and Scheduled Tribes (ST) as well.
c) Article 16: Equality of opportunity in matters of public employment.”43

However, there is little legislation to operationalize Constitutional provisions against racism.

Among the existing laws are:

1. “The Criminal Law Removal of Racial discrimination act, 1949:

Repealing Section 56 of the Indian penal Code which discriminated between Indian and
European/American convicts. The section demanded a sentence of “transportation for life”
for convicted Indians as opposed to the relatively simple manual labour that was awarded to
their European counterparts”

2. “The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989”:

42
“(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and
place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any
disability, liability, restriction or condition with regard to-

(a) Access to shops, public restaurants, hotels and places of public entertainment; or
(b) the use of wells, tanks, bathing Ghats, roads and places of public resort maintained wholly or partly out of
State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision
for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes
and the Scheduled Tribes”.

43
(1) “There shall be equality of opportunity for all citizens in matters relating to employment or appointment to
any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of
them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments
or posts in favour of anybackward class of citizens which, in the opinion of the State, is not adequately
represented in the services under the State.”

28
Seeks to avoid the “commission of crimes of violence against a member of the scheduled
Castes and Scheduled Tribes”. Recently, several measures have been taken in order to
enhance its scope so as to include more persons under its ambit. For instance, the Scheduled
Caste/ Scheduled Tribes Amendment Bill of 2013 sought to introduce new offences and new
categories of persons under the Act. Further, in 2012, the Ministry of Home Affairs suggested
that all States alert the word "Chink" as an offense under the Act.

3. The Indian Penal Code, 1860:

“Section 153A of the Act deals with the offense of fostering enmity between classes on the
grounds of faith, race, place of birth, residence, language, etc.

Section 153C Imputations, assertions prejudicial to human dignity

Section 509A Word, gesture or behavior intended to offend a member of a specific ethnic
group or race.

Article 15(1) of the Constitution of India reads”, “The State shall not discriminate against any
citizen on grounds only of religion, race, caste, sex, place of birth or any of them. The Courts
stressed the word ‘only’ in order to suggest that only discrimination on a particular ground is
alleged under Article 15, thereby removing cross-sectional discrimination from its
scope.”44 In “Dattatraya Motiram v State of Bombay”, “the High Court of Bombay
recognized the form of discriminatory practices as constitutionally legitimate, arguing”, “If
there is a discrimination in favour of a particular sex, that discrimination would be
permissible provided it is not only on the ground of sex, or, in other words, the classification
on the ground of sex is permissible provided that classification is the result of other
considerations”.

“Relying on the location of that word in the text of Article 15(1), which reads ‘only on
grounds of rather than only on grounds of,’ Atrey points out that the word ‘only’ applies to
the improperness of other personal attributes or grounds on which discrimination is based and
does not imply the need for single-ground arguments. Furthermore, the interpretation of 'only'
to allow only claims referencing a single ground of discrimination is a partial reading of
Article 15(1), failing to take into account the term 'or any of them' which would require
claims to be made” on a variety of grounds.

44
“Navtej Johar v Union of India AIR 2018 SC 4321.”

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3.4. DEBATES IN MEDIA AND PRESS

3.4.1. United Nations Commission on Human Rights

In Geneva On 30 March debated On Racism and warned in its “Press Release HR/CN/887”
that – “Discrimination and Xenophobia are increasing”. Several speakers have pledged to
help and make successful the proposed World Conference against Racism.

A world gathering, as its name proposes, is a gathering that can profess to speak to world
assessment and unite governments, intergovernmental and non-administrative associations or
common society associations from each nation.

The objective of the gathering was to settle on a worldwide dismissal of the shades of malice
of current types of bigotry and furthermore to build up a complete game plan to dispose of it.

A portion of the agents identified with the endeavours made in their own nations to battle
bigotry and ethnic separation. Among the potential advances leaned to handle segregation
were activities planned for instructing and sharpening people in general to racial issues, the
utilization of the media, the utilization of the Internet, and the making of government offices
to screen and institute measures to counter racial disparity.

During nine days of escalated talks, the Durban Conference achieved these difficult targets.
The Declaration and Plan of Action embraced by accord at the Conference offers the
establishment for potential worldwide collaboration against all types of partiality and racial
separation. These reports call for proceeded with exchange and study, just as for exhaustive
suggestions for national strategy and practice.

Prejudice is reality of the world. It could be enticing to consider it being restricted toward the
West and speaking to imperialism and slave exchange.

It includes the sorry past as recollected in the fundamental language of the Durban
Conference records. However indications of partiality, with comparably sorry foundations,
can likewise be found in different areas of the world, undoubtedly in all districts. Prior to the
World Conference in Durban, four preliminary gatherings were held in different districts of
the world to guarantee full meeting and to lift territorial concerns and arrangements
regardless, affirming that prejudice, ethnic separation and ethnocentrism are worldwide

30
wonders. Each local foundation is, obviously, extraordinary. Casualties fluctuate in their
language and culture. Notwithstanding, the impression of avoidance, subjection, hostility and
bias is strikingly close. The two social orders, and we all in those networks, must handle
preference and the manners in which that it communicates in our lives and societies.

The World Conference has taken out the intensity of history. All of us, regardless of whether
we know about it or not, is experiencing our lives in networks impacted by history. In all
social orders, imbalances, including financial disparity, have been recognized previously. In
an assortment of examples, these frameworks have been based on or molded by racial
generalizations that have, after some time, had progressing impacts today. The test for us all
isn't to be uninvolved in recognizing the hand that history has played, however to make
progress toward productive change that can desert what has been negative before. A
widespread human rights age in which we currently live gives us the standards and intends to
work to take out the variations and the inclinations and practices that propagate them.

The genuine message of “the Universal Declaration of Human Rights” is that everybody has
the privilege to rise to human rights and human pride. Nobody ought to be prevented from
claiming their human rights since they are unique in relation to other people, regardless of
whether age, race or ethnicity, work or drop, rank, history, confidence, skin shading, or some
other land. The battle to guarantee reasonable equity for everything is consequently at the
focal point of all endeavors to advance the widespread insurance of human rights. Racial
partiality and hostile to prejudice is above all else a war of thoughts. The expectation is to
accomplish shared concordance and comprehension, and this must be practiced by
recognizing the regular powers that happen and happen between societies, developments and
profound conventions.

This commitment offers an intriguing way for future examination just as a premise of
suspected to help tackle social hostilities that are as yet obvious in numerous social orders. In
reasonable terms, all networks accepting foreigners need to talk about what new and old
populaces share practically speaking as an option in contrast to the assumption that they are
totally extraordinary. Societies are getting progressively multicultural or pluralistic, and there
is an equivalent obligation on workers and on the individuals who have been there for a
considerable length of time to gain from one another. Considering others and conquering
each other's partiality are estimations of training.

31
The significance of training in defeating bias is talked about by Katarina Tomas Canevski,
who has been a United Nations expert or 'exceptional rapporteur' on the privilege to
instruction for a long time. Incorporating human rights proficiency and guidance into training
will guarantee that racial separation and dogmatism are successfully fought in youngsters
while they are in school and out of school. Roma in Europe, distant kids in India or dark
youngsters in the United States of America, to the point of joining. The past prerequisite that
youngsters adjust to the instruction accessible will offer approach to one in which training is
customized to the eventual benefits of every kid.

All through the past 50 years, or somewhere in the vicinity, huge endeavors have been made
at global level to discover fitting methods of law to wipe out isolation and ethnic separation.
Nations have marked and approved an assortment of universal lawful instruments. Nozipho
January-Bardill reviews these gadgets. All through the past 50 years, or thereabouts, critical
endeavors have been made at global level to discover fitting methods of law to wipe out
isolation and ethnic segregation. Nations have marked and confirmed an assortment of
universal lawful instruments. Nozipho January-Bardill reviews these gadgets. The United
Nations has made a greater number of endeavors to handle racial separation than some other
issue of human rights. Its determinations have been acknowledged by multiple quarters of the
world's states. The meaning of racial separation in the Convention gives a helpful view on the
circumstance.

States are required by the Convention to receive and authorize their own laws so as to
forestall and rebuff racial segregation in all aspects of open life. Governments ought to
guarantee that the individuals who face racial separation have reasonable access to the courts
or different bodies to grumble about such treatment and have a fitting cure. States should
likewise criticize and attempt to end the spread of repudiated hypotheses or thoughts charging
the predominance and mediocrity of racial or ethnic gatherings, just as the advancement of
race partiality. Likewise there are obligations on States to encourage equity and shared
comprehension in training. The Convention is doing another significant thing. It actualizes a
checking instrument whereby Member States are required to send occasional advancement
reports to a free universal panel (of which Mrs. Jan-Bardill is a part). The last's commitment
incorporates a complete diagram of what the Convention and its observing board have
achieved to date, just as an assessment of other worldwide endeavors and procedures
attempting to kill racial separation.

32
A related concern is the issue presented where racial separation taints the law itself and the
organization of equity inside society. Leila Zerrougui researches the issue of racial and ethnic
disparity in the criminal equity framework. The last finds that it is a part of partiality that has
been uncovered in numerous nations and that it stays in others where it still can't seem to be
examined. Evidence can be found in the activities of the police, the courts and the
penitentiaries. Pardon International, for instance, characterized as gross ethnic segregation in
Burundi's criminal equity framework all in all. Information from the United States of
America, Amercia, uncovers that race and ethnicity are critical with regards to discipline,
including capital punishment. The creator finishes up with a somewhat discouraging picture
that the disposal of parts of bigotry, xenophobia and prejudice in the organization of equity is
a long and expensive procedure that requires political will and the assignment of assets, and
furthermore instruction, research and backing. Most importantly, so as to be persuaded, we
need look into that focuses on the working of those strategies that sustain segregation. It is
frequently said that legitimate bans on supremacist conduct cannot take out the practices that
underlie such conduct.

Notwithstanding, as Julio Faundez calls attention to the racial segregation in work, the law is
an imperative beginning stage for fighting different elements that advance such separation.
With regards to the conversation on the major human right of access to work, the last gives an
away from of how separation in business needs to work and gives instances of how it tends to
be killed in the work showcase. Racial segregation may prohibit individuals from work but
on the other hand is experienced grinding away as racial maltreatment. Both should be tended
to and the guidelines required require business and worker's organization cooperation and
coordination to global work measures.

Last likewise talks about the significant difficulties presented by the disposal of segregation
where there is far reaching joblessness and neediness. In many immature countries, victims of
racial segregation live in outright neediness, with no desire for picking up capabilities and
along these lines no chance to enter the proper work showcase. Teacher Faundez makes
reference to the instance of local people groups who are frequently inaccessible from where
work may be accessible, and furthermore features the instance of poor ladies without abilities
who are abused in low-paid occupations, including as household hirelings, or who live in the
casual part. Non - segregation arrangements currently need to mull over the states of extreme
destitution and joblessness, and the article states how this should be possible.

33
Dr. Torres Parodi investigates the topic of wellbeing and prejudice with information to a
great extent drawn from her own area, the Americas. She looks at examine proof that shows
the terrible relationship that exists between wellbeing status and ethnic or worker status in
various nations. Minority rates are most noticeably awful for pointers, for example, newborn
child mortality or future and disease. There is additionally a critical connection among
neediness and wellbeing status, just as access to medicinal services, yet destitute individuals
who are dim, local or socially hindered endure significantly more, and being female includes
one more layer of hindrance.

The premise of victimization individuals living with HIV/AIDS is dread and this dread comes
for the most part from off-base or misshaped data … thus, our initial step must be to address
misconceptions about how HIV is transmitted…

An extraordinary component of the Durban Conference records is their 'casualty approach,'

which implies that enemy of bigotry laws need to see all the more compactly who the
objective of prejudice is and what their particular insurance needs are. A classification of
casualties that is conspicuous in Durban's suggestions is that of transient specialists, the
hindrance of movement looked by the network and the experience of most nations in a
globalizing world – is the means by which countries can adjust to assorted and multi-ethnic
social orders.

August Gächter, an expert in social research strategies, analyzes the negative responses of the
settled populace to newcomers frequently communicated in racial preference and enmity. It
inspects proof from general assessment investigate (Euro-gauge information) on the
mentalities of European Union residents towards ethnic foreigners and minorities. It
additionally reveals different investigations planned for deciding proof of formal and casual
unfair practices. Formal separation is authorized by law, specifically as to non-residents, and
casual segregation is unlawful however is in any case drilled in various ways. Some portion
of what he attempts to encourage us is the way to examinations the importance of hostile to
separation look into and to be aware of the logical limitations that are unavoidably connected
with it. It attempts to highlight the difficulties of differentiating measurements from
numerous countries where, regardless of endeavors to create basic unmistakable conventions,
numerous information of intrigue are exceptional. The last is immediate in expressing the
amount we don't generally think about how segregation functions by and by and, related to

34
other people, it is arguing for additional examination, remembering for the adequacy of
hostile to bigotry preparing.

The Durban Conference was important in that the States were stood up to with the past. They
assented that slave possession and slave exchange were and ought to consistently have been
an infringement of human rights. In spite of the fact that subjugation is unlawful in
practically all countries, somewhere in the range of 27 million individuals worldwide can be
recognized as captives to other individual people. It is additionally contended that the
conditions for oppression are do not shading anymore, race or confidence. Current slave
proprietors are 'partially blind'; they search out the individuals who are poor, coarse or
defenseless, paying little heed to race or ethnic root.

The quickest developing types of bondage originate from dealing of people, including those of
residential and farming laborers, and ladies and youngsters for sexual maltreatment. The
proposed practice for understudies in the wake of perusing the part is to investigate a
potential portrayal of contemporary servitude; so it's not really conceivable to kill it without
a depiction. The cancelation of subjection needs we all to show ourselves the binds that
predicament us to subjugation rehearses in a globalized economy. A NGO – Free the Slaves
– upholding to end what ought to be detestable to us all, the proceeded with nearness of
servitude in the 21st century.

A.GOPINATHAN (India) said that "racism is taking increasingly violent forms and
xenophobia is expressed in national legislation on the right to asylum and the free movement
of persons; the anti-racism legislation has remained weak or insufficiently implemented in
many nations. The idea of "regional fortresses" reinforced by political agreements between
groups of nations that have produced an environment and a perception that outsiders are
enemies, rivals or competitors and are a danger to local wealth, culture and heritage was
also worrying. The forthcoming World Conference against Racism will reiterate the global
community's commitment to the values of cultural diversity and inclusion and reassert that
diversity and pluralism have strengthened societies rather than eroded them. The Third
Decade Action Plan against Racism must be reinforced and funded properly from the existing
budget of the United Nations; and the World Conference will contribute to a revival of the
global pledge to address the issue of racial discrimination”

35
The Durban Conference focused on that ladies who are casualties of sexism and sexual
imbalance likewise face a twofold weight. They experience visit segregation based on their
sexual orientation and race or ethnic starting point. Sapana Pradhan-Malla presents the
possibility of inter-sectionalist, that is, the connection of race or ethnic status and sexual
orientation. Such a definition advances a more prominent comprehension of the survivors of
sexism in ladies. Work on these different weights of mistreatment is a further headway of
another strategy for sexual orientation affectability in the investigation of human rights
manhandles.

Dismantling of male and female casualties ought not to detract from the battle against sexism.
Or maybe, it extends our comprehension of insidiousness and will strengthen our
determination to annihilate it for men, ladies and kids the same. Famous human rights
esteems are a huge counteract ant to the presence of prejudice. Affirmation of general
standards on human rights and fundamental opportunities is a solid record of human
advancement in the last 50 years. This doesn't mean, that these standards are met wherever
practically speaking, or that each one of the individuals who practice political force have faith
in them. Worldwide law, nonetheless, offers shields against encroachments and keeps up that
Member States ought to give cures where such encroachments happen. Any sort of bigotry or
racial separation is in opposition to these human rights standards and guidelines. On an
individual premise, every one of us should demonstrate our commitment to human rights and
its crucial message that we are on the whole equivalent in human rights and nobility and
extraordinary in our characteristics and character. We may do as such by denying and
addressing supremacist remarks or conduct in our regular daily existences. Among others, we
should advocate for the authorization of reasonable treatment laws any place we live and for
the headway of human rights instruction. In the event that we are pioneers of dominant parts
or minorities, we will find out about people who appear to be unique from us as far as race,
confidence, sexual orientation, culture or citizenship.

Work and racially separated information are basic to hostile to prejudice approaches.
Impressive research exertion is expected to secure the data required for effective enemy of
separation approaches. The subject on wellbeing and bigotry brings up that our
comprehension of the association among race and wellbeing status, race and weakness to
infection, race and sexual orientation, and race and destitution is still extremely negligible.
Exactly the same alludes to the use of racial segregation in the criminal equity framework and

36
to the investigation of movement and ethnicity and different features of public activity
impacted by racial separation. Disaggregated information is a basic need for effective
examination. As governments and different offices gather populace measurements –, for
example, birth , passing, conjugal status, business , wellbeing or other information – these
data must be gathered by reference to race, sexual orientation, nationality status or different
classifications viewed as applicable to the experience of separation. In numerous countries, it
has been and is ordinarily accepted that deliberately requesting that individuals classify
themselves or to be tallied by connection to 'shading' or ethnic source is a method of
advancing supremacist thought. In the event that there is just a single human race, why
imprint individuals as 'dark,' 'white,' 'mestizo,' 'Asian,' 'Bedouin,' 'outsider or outsider, etc.

The Durban Plan of Action, which bolstered the requirement for separated information
assortment, effectively calls for information to be assembled with the casualty's express
assent based on self-recognizable proof and consistence with human rights standards to
secure protection. In any case, working without the information being disaggregated is
working in the haziness. Settling the results of partiality incorporates governmental policy
regarding minorities in society. Another topic to be found in numerous parts is the impact of
verifiable patterns and practices of racial or ethnic separation on the culprits of today.
Equivalent open door can't be offered solely by general guarantees of equivalent rights and
political and social commitment or by far reaching arrangements for access to basic
administrations, for example, tutoring, human services, lodging and occupations.

They are the central ideas of fairness. Minorities that have additionally suffered many years
of separation and avoidance need, thus, customized methodologies to assist them with
making up for lost time. Global human rights rules support what are alluded to as
governmental policy regarding minorities in society activities or extraordinary advances,
where they are explicitly proposed to address recorded separation for a particular timeframe.
Each such strategy ought to be receptive to the necessities of the lion's share, especially those
that are as of now poor and minimized and who may see these approaches as being out of line
to them. All things considered, it is critical to define social approaches and activity intends to
handle the casualties of past avoidance, all of which would profit in the more extended term,
not least as far as increasingly comprehensive multicultural and multi-racial majority rule
social orders. It ought to be noted, in any case, that governmental policy regarding minorities

37
in society will cause clashes among gatherings and people inside networks, as champs and
washouts of these arrangements would be available temporarily.

The social outcomes of globalization are with the end goal that it may now be an ideal
opportunity to take a gander at the issues of bigotry, ethnic disparity and xenophobia. The
conversation on culture and ethnicity that globalization raises is fuelled by the weight –
genuine or self-evident – for social normalization emerging from universal market
discernments that are unmindful of social sway and solidarity explicitness, the prevalence of
material products, for example, utilization and rivalry, and the disintegration of mainstream
and virtues and conduct. Such disturbing patterns, essentially, raise cognizance of and
increment comprehension of personality in individuals, countries and social orders the same.
Incomprehensibly, the around the world 'monetary town' has made a greater number of
networks and more insularity than financial awareness.

Such upsetting patterns, in actuality, raise cognizance of and increment comprehension of

personality in individuals, countries and social orders the same. Incomprehensibly, the around
the world 'financial town' has made a larger number of networks and more insularity than
monetary awareness. In the ideological setting of counter - psychological warfare that
followed the assaults of 11 September 2001, the strict circle is getting one in which
segregation and bigotry are continuously being sold out. Religion and ethnic cause are being
packaged together. We are the object of deliberate demonstrations of segregation. The most
outrageous, fierce and recalcitrant of the present huge new clashes are fundamentally social
enmities, whose basic component is the presence of the 'other' as a danger, a foe, saw as
various or remote.

The way of life of bias against the untouchable, the 'other,' particularly in the setting wherein
the previous shows up at present – non-national, worker or transient – is fuelled by an
upsetting pattern: the development of another type of ethnocentricity, which looks to
legitimize itself by introducing contrast as opposition Knowledge of differentiation is
reinforced both by ordinary types of articulation: outer nearness – physical or essentially
garments – and by the level of development and the lifestyle. Refusal of affirmation and
injurious portrayals of the 'other' are developing in the open field, where they find both self-
avocation and their most extreme methods of articulation. Social negligence, because of
insularity or an ideological structure legitimizing control, gives an unequivocal or verifiable

38
establishment for the predominant oppressive mindset and new types of bigotry. The
'outsider' worker, who may have been a neighbor yesterday, is currently ready to turn into the
head and focal objective of both present day and more seasoned sorts of partiality, the subject
of political talk and the subject of media mutilation.

The way of life and talk of isolation and bias have now put rising media apparatuses, for
example, the Internet, under attack and are utilizing them for their own closures. The pressure
between regard for certain qualities, for example, opportunity of thought and discourse, and
hostile to bigot and against oppressive laws and practices has uncovered new issues and the
requirement for new replies. In this point of view, reality, pretend, dream and systems for
force, control and mastery are interlinked, changing any target comprehension of the
circumstance and the attempt to give a far reaching and enduring reaction.

In this unique circumstance, the battle against prejudice, separation and xenophobia expects
us to devise new systems. The conduct must be guided by the thought of the birthplaces,
structures, strategies, types and methods of discourse (white and unobtrusive) of isolation and
prejudice. At the end of the day, we have to have a diagnostic technique to get to the social
sources of preference and separation that, where it counts, direct recognitions and conduct.
Our insight into these social starting points must teach and give the premise to enactment and
legitimate instruments planned for evacuating prejudice.

The possibility of decent variety is logically observed as a reaction both to the risk of
internationalization-prompted social normalization and to outrageous types of human
reaction, for example, selective adherence to political, strict, and ethnic and network based
belief systems. The idea of assorted variety, be that as it may, has ideological and authentic
implications. Narratively, decent variety is an undisputed actuality of a national, financial,
racial or strict nature or condition. It is in this manner quite certain to its own political,
philosophical and ideological sense.

Around then, science and insightful investigation into species and racial assorted variety
created thoughts of progressive association of different creatures and races. Such hypotheses
filled in as a hypothetical and philosophical premise, not just for the headway of speculations
of racial , social, social and strict persecution, yet additionally as a scholarly structure to
clarify tasks that were types of restraint or triumph, for example, servitude and dominion.

39
Inside that sense, decent variety was taken, inside hypothesis and in real life, to signify
'principal difference' and was utilized as an interpretative gadget to clarify the progression of
races, societies and civic establishments. It is exactly this maltreatment of assorted variety
that is at the base of ethnocentricity. Ethnocentricity has frequently been the outcome,
customarily, strategically and socially, of the impression of assorted variety as a progressive
qualification, isolation and mistreatment of the 'other. The most recent wars in the African
Great Lakes district and the Balkans exhibit that not exclusively is the way of thinking of
mistreatment with us today, yet that it can take its last and most outrageous structure,
including decimation, the physical ejection of the 'other'.

The indigenous were thought of, described and handled purely and precisely in any
relationship as an ethnic group, lacking or unable to have any cogent or structured vision of
national , ethnic or cultural identity. Conceptual structures of the 'racial group' in the colonial
era, with their focus on cultural (language, religion) or physiological elements, evoked
scientific opportunism – the main purpose behind the scientific window dressing is to
perpetuate and justify segregation, dominance and exploitation. And in the post-colonial
period, the conceptions of diversity and ethnocentricity were subject to new political
distortions.

Ethnocentricity and diversity are thus not contradictory or paradoxical, but rather compatible,
to be manipulated and interpreted in various ways. Interpreting diversity as a disparity is not
just a historical phenomenon. In the present sense, where globalization is viewed as a force
for standardization, it is a factor that may strengthen the protective reaction of nationalism
that is at the core of the current forms of ethnic conflict and anti-immigration feeling.
Promoting diversity on its own can thus be exploited to aggravate discrimination,
hypersensitivity or insularity where identity (ethnic, cultural or spiritual) is concerned. The
concept of diversity, acknowledged solely as difference, is central to most discriminatory
practices and theories, and is also another misleading concept of identity. This idea, too, must
be subject to critical scrutiny.

Subsequently, the eradication of discrimination demands that diversity be transformed from a

culturally and politically charged term into a virtue – pluralism – a dialectical relation
between diversity and unity. Ethnic, economic, social and spiritual pluralism is a core value
in the battle against all types of discrimination, especially in the context of globalization.

40
Pluralism can be characterized as acceptance, security, promotion and appreciation for
diversity, the goal of which is to ensure that intercultural dialog makes it possible for people
to know each other while at the same time achieving self-recognition. In other words, the
cultural formula which every society and international community needs to solve is how to
combine security and respect for specificity (ethnic, social, culture or otherwise) with
acceptance of common values that include and transcend those particularities.

In order to eliminate intellectual prejudice and discrimination, it is therefore important to

complement and enhance common understanding by bringing to the fore and understanding
ways of contact or mutual influence between cultures, civilizations and spiritual traditions.
This interactive aspect has not been properly studied, understood or explored. Here, however,
lies the guiding force behind all human relations, with the power to break down the ghetto
mindset at the core of society and practice of segregation and racism.

3.4.2. Debate Topic- “Are Indians Racist?” by “NDTV news”

Leki Thungon, Activist stated that- Racism is about intimate’s fear of life, once you start
attributing negative characteristics about physical characteristics of people based on their
physical feature. There’s an internalization within ourselves also the fear and frustration
comes. It’s an everyday reality in India.

Prof. Madhav Das Nalapat, Director of Department of Geopolitics (Manipal University) said
that- for decades people used to refer people of south as “Madrasis” and they used to say this
in a very pejorative way. He also talked about one incident in Mumbai where a political party
was targeting people from Bihar. It’s not only targeting north-east but targeting the fact that
north-east’s are backward economically. So the need is to look at North-east and find out the
reasons why it’s so economically backward, According to him, if North-eastern people were
not economically backward they would be treated as properly as Japanese or other people.

This view was negated by the NDTV's host and he said that individuals in North-east
individuals who don't have a place with in reverse classification are still segregated in
different pieces of the nation. Like North Indian people are discriminated by South India or
vice-versa, so there’s a no point of backwardness here. But the professor countered it by
saying that In general the approach towards the society or group or region heavily depends on
the success or otherwise of that group or region.

41
Further, Binalakshmi Nepram, (Founder of Manipur Gun Survivors Network) discussed
about the death of 19yr old college student ‘Nido” due to his blonde physical features he was
subjected to abuse like “Chinki Sala”. He got angry smashed the window of shop and then
men started beating and called around 4-5 people who beat him with sticks and iron rods.
Everyday racial verbal abuse which is happening in the country, it’s time to realize that and
bring about a racial discrimination legislation in the country to bring the change. It will help
the entire country. She also pointed out the Professor’s view of economically backward class
and stated that it’s a rubbish statement, this is wrong to say this that means you can do wrong
to any poor person of the country? She questioned.

ShivSena’s spokesperson said that the racial discrimination is not on the basis of different
physical attributes but due to lack of proportionate development. He refused to believe that
discrimination is existing because of the difference in people’s attributes.

Further, one person contended that such kind of problems are increasing because we are so
intolerant of others, the basic flaw is we do not need to increase the tolerance level but learn
to accept.

Dr. Subramanian Swamy, (Leader of BJP) said that- Todays situation is not about racism but
it’s an amalgam of superiority complex amalgamated with the inferiority complex. He
opinioned that theres a need for development only and should give northeasterns special
attention.

Samrat Choudhary, Author mentioned that it’s not debatable that we do discriminate on basis
of colour that is why we have massive industry based on faireness. People belonged to
different places have faced such racial problems.

3.4.3. Debate Topic: “Racist Shame” by the news channel “Times Now”, 2014
Binalaxmi, the Activist says “India is a signatory to the UN Convention on Elimination of All
forms of Racial Discrimination” and also the administration of India established the
Bezbaruah Committee report which acknowledged that there is a racism in India but still we
are not doing anything about it to deal with the problem.

Alana gonmay said that the issue is they would prefer not to acknowledge it that racism is an
issue in India. That is one of the reason the issue of racism is not addressed in the country. If

42
you are from Bihar they will call you Bihari, if you are from Madras they will call you
madrasi these are the justifications they will make. Also Arnab Goswami, supported the need
for new legislation on racial discrimination.

Further, the questions were raised on the implementation of the recommendation by the
Bezbaruah Committee but the spokespersons of parties made it a political issue and blamed
each other. The problem is about the approach of the Society & it’s a national issue not a
political issue.

Binalaxmi said that the racism is not only in cities or day to day incidents which happens of
racial abuse, but it’s been happening in the countries and happens even in making of policies
there exists a racial discrimination. The law itself is prejudice and doing discrimination
against the people of North-East. There is a racism existing from streets to policy making.

It was also a point of discussion that why section “153A and 153B of Indian Penal Code”
1860 did not invoked in the cases of “hate crimes including race” and polices rejected to even
file an FIR stating it to be baseless. Racism is a problem of mindset of the society which
people in different parts of the country are facing.

43
 CHAPTER 4

REPORTS: The Law Commission and the Committee Report

This chapter is divided into two parts: The Law Commission of India and The Committees
Reports respectively. The first part deals with the “267th Report of the Law Commission of
India” And the second part deals with the reports of the “Committee on the elimination of
racial discrimination submitted by states parties under article 9 of the convention” India on
1/17 September 1996 and also the report of the Bezbaruah Committee formed by the
initiatives taken by “the Government of India to tackle the issues of Racial Discrimination”
and its recommendations.

4.1. Law Commission of India

“Law Commission of India in its 267th report has submitted about ‘hate speech’. According
to the Law Commission of India, hate speech provokes the public to hatred against a group of
persons on the grounds of race, ethnicity, gender, sexual orientation, religious belief. It can be
through any word inscribed, verbal or signs or representation”

The Constituent Assembly, mindful of the burdens of history placed extreme “emphasis on
‘freedom of speech and expression’ as a hard-earned right of the new democracy. The debate
on restrictions on this freedom therefore, centered on whether the proviso to the fundamental
right to freedom of speech and expression should cover speech that is ‘likely to promote class
hatred’. The discussion was brought up on multiple occasions, not just limited to debates on
fundamental freedoms but also on ‘public order’ or morality”45

The “Indian Constitution” recognizes that freedom cannot be complete or unrestrained and
therefore made provisions under “clauses (2) to (6) of article 1946 approving the State to

45
“The law Commission of India, 267th Report
[Available at: http://lawcommissionofindia.nic.in/reports/Report267.pdf].
46
(1) All citizens shall have the right

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and”

44
restrict the exercise of the freedom guaranteed under that article within the limits specified in
those clauses. Thus, clause (2) of article 19, as afterward amended by the Constitution (First
Amendment) Act, 1951 and the Constitution (Sixteenth Amendment) Act, 1963, empowered
the law to enforce rational restrictions”47 on the implementation of the right to liberty of
“speech and expression”.

At present, in our nation the underneath referenced legitimate structures have bearing on
despise discourse, explicitly:-

(i) “The Indian Penal Code, 1860 (hereinafter IPC)

Section 124A IPC penalizes sedition, Section 153A IPC penalizes ‘promotion of enmity
between different groups on grounds of religion, race, place of birth, residence, language,
etc., and doing acts prejudicial to maintenance of harmony’. Section 295A IPC penalizes
‘deliberate and malicious acts, intended to outrage religious feelings of any class by insulting
its religion or religious beliefs’. Section 298 IPC penalizes ‘uttering, words, etc., with
deliberate intent to wound the religious feelings of any person’. The Commission also
suggested introducing new sections in regard to address such issues, which are as follows”

“Section 153(C) to prohibit incitement leading to hatred on the grounds of religion, caste,
sex, place of birth, residence, language, disability or tribe. If any grave threatening words by
any means either spoken, written or signs is used and leading to violence shall be punishable
with imprisonment which may extend to two years and fine up to INR 5000, or with both.

Section 505(A) deals with intentionally using words or writings or displaying any
representation which provokes the use of unlawful violence against the person or group. The
punishment extends to one year and/or fine up to 5000, or both”.

(ii) “the Representation of The People Act, 195”

(f) “omitted
(g) to practise any profession, or to carry on any occupation, trade or business
47
Article 19(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent
the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right
conferred by the said sub-clause in the interests of the sovereignty and integrity of India,] the security of the
State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of
court, defamation or incitement to an offence.”

45
“Section 8 disqualifies a person from contesting election if he is convicted for indulging in
acts amounting to illegitimate use of freedom of speech and expression. Section 123(3A) and
section 125 prohibits promotion of enmity on grounds of religion, race, caste, community or
language in connection with election as a corrupt electoral practice and prohibits it.

(iii) the Protection of Civil Rights Act, 1955

Section 7 penalizes incitement to, and encouragement of untouchability through words, either
spoken or written, or by signs or by visible representations or otherwise 7

(iv) the Religious Institutions (Prevention of Misuse) Act, 1988

Section 3(g) prohibits religious institution or its manager to allow the use of any premises
belonging to, or under the control of, the institution for promoting or attempting to promote
disharmony, feelings of enmity, hatred, ill-will between different religious, racial, language
or regional groups or castes or communities.”

(v) “the Cable Television Network Regulation Act, 1995

Sections 5 and 6 of the Act prohibits transmission or retransmission of a programme through

cable network in contravention to the prescribed programme code or advertisement code.
These codes have been defined in rule 6 and 7 respectively of the Cable Television Network
Rules, 1994.

(vi) the Cinematograph Act, 1952

Sections 4, 5B and 7 empower the Board of Film Certification to prohibit and regulate the
screening of a film.

(vii) the Code of Criminal Procedure, 1973

Section 95 empowers the State Government, to forfeit publications that are punishable under
sections 124A, 153A, 153B, 292, 293 or 295A IPC. Section 107 empowers the Executive
Magistrate to prevent a person from committing a breach of the peace or disturb the public 8
tranquility or to do any wrongful act that may probably cause breach of the peace or disturb

46
the public tranquility. Section 144 empowers the District Magistrate, a Sub-divisional
Magistrate or any other Executive Magistrate specifically empowered by the State
Government in this behalf to issue order in urgent cases of nuisance or apprehended danger.
The above offences are cognizable. Thus, have serious aftermaths on liberties of citizens and
empower a police officer to arrest without orders from a magistrate and without a warrant as
in section 155 CrPC”

Deciphering segments 153A and 505(2) of IPC In Bilal Ahmed Kaloo v. State of AP,48 the
court verified that the normal trait of the two segments is that it empowers a feeling of
animosity, antagonistic vibe or malevolence between various strict or ethnic or semantic
gatherings or provincial gatherings or standings and social orders, and that it harms to the
safeguarding of congruity.

In Pravasi Bhalai Sangathan v. Union of India49, the petitioners pleaded that authoritative
actions must be taken against the perpetrators of “hate speech.” The Court did not take ultra-
vires of current laws to penalize “hate speech”, as it would result in “judicial overreach.” The
Court acknowledged that the enforcement of current laws would, to a large degree, solve the
issue of hate speech. The case was referred to the Law Commission to analyze whether it
considers appropriate to define ‘hate speech’ and to make suggestions to the Parliament to
strengthen the Election Commission in order to counter the threat of hate speech, regardless
of where it has been made.

Realizing the negative and oppressive effect of hate speech on individuals, the Court in
“Pravasi Bhalai Sangathan50” it also conveyed the conflict to 'restrict the prohibition to a
bearable standard.' The fear that setting a certain requirement might lead to a reduction in
freedom of speech has deterred the judiciary from identifying hate speech in India and
elsewhere.

The word ‘hate speech’ has always been used to describe a phrase that is violent,
disrespectful, threatening, bullying or that incites abuse, hostility or prejudice against groups
characterized by appearances such as “ethnicity , religion, place of birth, location, country,
language , caste or class, sexual orientation or personal convictions”.

48
“AIR 1997 SC 3483”.
49
“AIR 2014 SC 1591”.
50
“Ibid”.

47
“However, the inherent dignity and equality of every individual is the foundational axiom of
international human rights. It is, therefore, perhaps not surprising that international law
condemns statements which negate the equality of all human beings.51 Article 20(2) of the
ICCPR requires states to prohibit hate speech. Advocacy of national, racial or religious hatred
that constitutes incitement to discrimination or hostility is prohibited by law. Under the
common law system, such speech had been treated as ‘sui generis’ that is, ‘outside the realm
of protected discourse’.

The Court again went into the question of hate speech in Jafar Imam Naqvi v. Election
Commission of India.52 The petitioners filed a writ petition challenging the vitriolic speeches
made by the candidates in the election and prayed for issue of writ of mandamus to the
Election Commission for taking appropriate steps against such speeches. However, the Court
dismissed the petition on the ground that the petition under article 32 of the Constitution
regarding speeches delivered during election campaign does not qualify as public interest
litigation and that the Court cannot legislate on matters where the legislative intent is visible.

The Supreme Court in Brij Bhushan v. State of Delhi53opined that public order was allied to
the public safety and considered equivalent to security of the State. This interpretation was
validated by the First Constitution Amendment, when public order was inserted as a ground
of restriction under 19(2).54 In Ramji Lal Modi v. State of U.P”55 the Supreme Court
supported the established legitimacy of this 295A56 IPC and 57
pronounced that this
arrangement doesn't punish any demonstration of affront or expectation to 'affront the
religion or strict estimations of a class of individuals, however punishes just certain
demonstrations of affront or various endeavors to dishonor religion or the ethical perspectives
on a gathering of people submitted with a deliberate and exploitative reason to overstate the
strict conclusions of that gathering. It was affirmed by the Court that the phrase in the interest
of public order specified under article 19(2) contains the broader ambit than the maintenance
of public order. Henceforth, when the action does not necessarily comprises of violation in

51
“Article 20 of the ICCPR (International Covenant On Civil and Political Rights).
52
AIR 2014 SC 2537.
53
“AIR 1950 SC 129”.
54
“The Constitution (First Amendment) Act, 1951”
55
“AIR 1957 SC 620”
56
It reads: “Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of
[citizens of India], [by words, either spoken or written, or by signs or by visible representations or otherwise],
insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with
imprisonment of either description for a term which may extend to [three years], or with fine, or with both.]”
57
Supra note 18.”

48
case of public order, it is justified under the limitation in sense of its “interest of public
order.”

In this case, the court distinguished among negotiations and activism from provocation and
said that the initial two were the embodiment of article 19(1). Articulation must be confined
when conversation and promotion added up to prompting. The induction was perused as
prompting to fast approaching brutality in Arup Bhuyan v. State of Assam,58 wherein the
Supreme Court declined to ascribe culpability on an individual for being an individual from a
restricted association except if that individual depended on savagery or impelled individuals
to brutality or made open issue by viciousness or prompting to brutality

4.2. The Bezbaruah Committee

Due to increasing racist violence against individuals belonging from the north-east in
numerous metropolitan urban communities of India, such as Delhi, Bangalore , Pune, etc. In
2014, the “Ministry of Home Affairs” formed a committee comprises of several members
headed by Shri MP Bezbaruah to investigate “racial discrimination” faced by the individuals
of north-eastern area.

The Committee's standing of reference was to inspect the different types of issues regarding
the safety of individuals belonging to the north-east area of the country. To scrutinize the
reasons for violence or ferocity and discrimination against people in the North-Eastern States.
It should also recommend methods that can be used to resolve these questions by the
Government and provide remedies to address these issues, including the legal aspect of the
issues. The committee received numerous suggestions for a stringent law to be put in during
its interaction through email on this site as also in writing to the member secretary.

All such propositions were cautiously examined and as appropriate taken into consideration
while drafting the report. The committee also took note of various recommendations
contained in articles or reports that appeared in the media. On the basis of discussions held
and suggestions received the report has been prepared considering the urgency and
importance of the issues the committee has been at pains to ensure that the report is submitted
within the time given to it.

58
“(2011) 3 SCC 377.”

49
It was perceived that the strength of the Indian nation as its wide diversity all
recommendations are based on increasing to exchange and understanding of the people of the
northeast and the rest of India has one primary objective and that is the ethnic and cultural
difference of the Northeast should be a cause for celebration and not for raising barriers.
They are meant to integrate the Northeast with the rest of India and not to segregate. The
committee indicated that to have a long term solution of this problem the implementation of
the honorable High Courts directives will go a long way in dealing with the matter.

The committee deliberated on five main components which are crucial for tackling this matter these
are placed in order of priority as follows:-
i) The existence of a clear stringent laws that make such acts or instances of varied nature
punishable.
ii) Strong and determined law execution agency which can prevent happening of such incidents and
when they offer examine speedily and professionally to take along the culprits to book. The
Acceptable support system for the victims and an effective system for conveyance of justice fairly and
quickly.
v) Social economic and cultural initiatives to handle the extensive issues of enlightening the people
generating awareness and eliminating erroneous perceptions so that happening of such instances is
lessened.

The committee received many suggestions for a stringent law to be put in place. There were
many writings in newspaper and magazines drawing attention to the significance of legal
measures. It quoted and article in Times of India on February 10, 2014 titled Prejudice, our
messy mystery 'So as to change the law, the social arrangement should initially be to
recognize and indict violations like non-bigot wrongdoings against Northeast Indians
genuinely. This is the way law authorization organizations manage cases in which ethnic or
racial minorities are casualties and the complainants that can choose how India restrains itself
to begin separation.

The Committee has scrutinized at great length the requirement for an appropriate law that
take care of the occurrences of racial nature that the people from the North East experience.
The committee also had comprehensive considerations with secretary legislative,
Government of India and other officials of the Ministry and also with other organizations.

50
Shri jamatia, member of the Committee who is also Secretary Law, Government of Tripura
and Dr. Bhutia another member and Advocate of The North-east India Forum against
Racism were requested to help the Committee with their contributions on the subject.

The Delhi Policy Group also submitted, on Committee's appeal a summary of the existing
provisions and also a note on the anti-racial laws provision in other countries. The Indian
legislature also furnished a summary of all the existing laws concerning to the crime of racial
nature. The Committee observed the problem by bearing in mind certain actualities about
existing rules, laws etc. to compact with the type of concerns that the people from the
northeast have or most precisely to deal with acts of racial nature. Whether these provisions
are sufficient for such matters of racial discrimination and what amendments are requisite to
take care of these problems.

The Committee observed that the prevailing equality provisions under the Constitution in the
form of Article 1459, Article 1560 and Article 1661 are not sufficient to deal with the issues of
racial incidents against the Northeast people as there is little legislation to operationalize
Constitutional provisions against racism.62 The another Act is “The Scheduled Castes and
Scheduled Tribes (Prevention of Attrocities) Act, 1989” that seeks to obstruct the carrying out
of crimes of cruelty at odds with the individuals belonging to “Scheduled Caste and the

59
“Article 14 of the Constitution of India- “The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.”
60
“Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of
birth or any of them
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any
disability, liability, restriction or condition with regard to
(a) access to shops, public restaurants, hotels and palaces of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of
State funds or dedicated to the use of the general public
(3) Nothing in this article shall prevent the State from making any special provision for women and children
(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special
provision for the advancement of any socially and educationally backward classes of citizens or for the
Scheduled Castes and the Scheduled Tribes
61
Equality of opportunity in matters of public employment”
(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to
any office under the State.
62
The Bezbaruah Committee Report.
[Available at: https://www.mha.gov.in/sites/default/files/ReportOfMPBezbaruahCommittee.PDF]”

51
Scheduled Tribes.” Several actions were taken to expand its scope so as to include more
persons under its Domain.

For instance, the scheduled caste or Scheduled Tribes Amendment Bill of 2013 sought to
acquaint with new offenses and new categories of persons under the act. Further, in 2012, the
Ministry of Home Affairs suggested that the states mentioned the word "Chinki" as an
offence under the Act. The problem is many people from the North East states do not belong
to the Scheduled Caste or Scheduled Tribes community and henceforth cannot seek out safety
under this Act.

Further, the Committee along with the recommendations of the Delhi Policy Group observed
that Section 153A of the Indian Penal Code, 1860 is limited in its scope since it only
addresses those acts that cause hatred between classes. While racist comments/criticism
definitely fall under Section 153A, and it would be strictly applied to recent events, it does
not deal with racist violence. The Committee reported that, although there are several laws to
date, there is no specific legislation on the form of racial discrimination cases. Henceforth,
execution of law to handle these issues is at disadvantageous position and the offenders of
such crimes are left to repeat their misdemeanors.

The Delhi High Court in Court on Its Own Motion vs Union of India & Ors63observed that-
“We are further of the view that the GNCTD as well as the Central Government should give
thought to the possibility of bringing a legislation for preventing the natives of one State from
harassing in any manner the migrants from any other Indian States or from indulging in hate
crimes against them, including by amendment to the Protection of Civil Rights Act, 1955 and
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.” To quote
Marcus T. Cicero, the Roman philosopher, politician, lawyer, "The safety of the people shall
be the highest law".

While referring to the judgment of Delhi High Court64 the Committee stated that the
directions of Delhi High Court would be the practical solution to the problem. As suggested
by the court that there is a need for law that covers the type of experiences of people from

63
“Judgement dated, On 12 February, 2014
64
Ibid”

52
North East. A need for anti-racial law for the whole country or amendments to the existing
provisions of IPC/ CrPC etc.

The Committee acknowledged a report on a comprehensive law in specific and

comprehensive law for the safety of North Eastern people against racial discrimination from
the Legal Committee of North East India Forum against Racism.
The report observed the problems in detail and provided a draft framework for such
legislation that should be considered into account while framing the new law.

The Committee also well thought-out the second alternative of alteration of section 153 of
IPC and the argument was that words such as "Momos," "Chinky," "Chinese," "Chichi" or
any offensive remarks about ethnicity , religion, sexuality or physical appearances should be
punished. There is no doubt that such terms can not in themselves be in breach of the statute.
In fact, the context and connotation of such terminologies are what hurts the sentiments,
henceforth to incorporate such concerns into laws needs to be diligently scrutinized. The
main purpose is to make changes to the main text to include racial discrimination, taunt and
words that imitate racial preconceptions that hurt the sentiment of a specific group.

The commission suggested that either the new law ought to be proliferated as requested by
the Delhi HC or the IPC should be changed. The interest of hostile to racial law for the entire
nation was likewise unequivocally voiced by certain Groups. Reservations were also
expressed by other groups about the necessity and efficacy of such a law in the context of the
explicit difficulties of the Northeast people.

The committee scrutinize the issue from two appropriate angles:-

a) The requirement of such a law in the light of the national and international commitment of
Government of India and b) How the apprehensions of the people from the North East would
be addressed by such a law. The risks raised are very wide-ranging and need to be examined
in detail. The Committee did not have the competence or time to go into the matter in undue
depth and to come out with a firm view, but examined the problem objectively in the light of
its clear intention on the apprehensions of the people of the North-East. The commission in
its report also stated that the government should make sure that any crime of racial nature is
observed critically.

53
India's constitution protects the highest principles of respect and obligation for human rights
any International obligation that the country has must be conversed and discussed and
performed upon within those constitutional limitations.

The Committee also found that the political, strategic and philosophic implications of the
demand for anti-racist legislation should be addressed within the general context of the
Constitution and that an effective decision should be made in the long term, but for the
instant effect the footsteps enumerated by the committee for a specific amendment to IPC
should be taken up as implementation of the prevailing legal provisions is a crucial need.

In any case, the Commission expressed that, regardless, the enactment had been chosen yet
that it ought to be comprised of three arrangements.

i) The wrongdoing ought to be cognizable and non-bailable.

ii) The FIR assessment ought to be finished inside 60 days by an exceptional gathering
reviewed by a cop, not underneath the position of Deputy SP/ACP.
iii) A unique investigator ought to be picked to manage every single such instance of
monstrosities.

iv) The preliminary will be done inside 90 days.

The committee suggested the usage of the information technology system for getting out to
the largest number of affected people for the purpose to create attentiveness about the
existing laws and also about the steps taken by the police to make sure that they are
appropriately executed. Adding to such also pointed out that a booklet should be prepared to
comprehend all the provisions that how to register cases where to go in case of complications
and how to monitor that the system functions efficiently.
Along with awareness plans and appropriate execution the committee felt that the system of
providing Legal Aid and support to the affected people should be strengthened to permit the
sufferers to take full advantage of the redress existing. The facilities for legal assistance
through DSLSA and others should be made organized it should also be associated to the State
Bhavans, the Police network and the recommended North East Facilitation Centre.

There is a requirement to inform the law that the Northeast Agencies on People and Culture
will go a long way towards creating an appropriate atmosphere. The committee also focused
54
on the analysis of reasons behind such happenings of violence or discrimination. It also
suggested a method of a comprehensive computerized database for tracking people from the
North East to cover many other aspects of the problems that are being discussed.
Aforementioned recommendations are all admirable initiatives but the fact that many
incidents keep happening and many criticisms of Police inaction for harassment keep coming
perhaps indicate that there are gaps in execution.

The Committee also carefully recommended the creation of Fast Track courts to handle cases
involving Northeastern people , especially those who are racially displaced and heinous
crimes against, Northeastern, women, and, children.
The committee opinioned to do cultural interchange programs for students in schools and
colleges. Such programs should be suitably organized and financed by the respective
departments. It would be worthwhile if on accomplishment the students are encouraged to
write reports and prepare projects as part of their work. For enactment of the suggestion
issued by the commission, it suggested an appropriate control process to be integrated into
the program. The High Level Committee should be formed under the “Home Ministry” with
members of the “Ministry of the Doner”, the “Ministry of Home Affairs”, the “Resident
Commissioner”, the “Delhi Police” and the required “representation of civil society
organizations” working in the North East.
The Committee should have monitors to ensure that the plan is carried out, and the directives
and goals should be carefully laid down. The powers bestowed on the committee should also
promote transparency, and the ministries concerned should operate on the recommendations
of the committee within the period specified for the committee to meet at least once a quarter
and to review the progress of the various strategies. The respectable official of the police
proposed to be placed in the MHA ought to be the convener and the part secretary of the
panel would transfer the aftereffects of the board's investigation toward the north-eastern
police cell system and afterward be connected toward the North-East system.

“Karma Dorjee v. Union of India (UOI) and others” 65 Justice DY Chandrachud observed
that the discrimination of the people from north eastern state is an issue associated to
enforcement of the law. The home minister needs to address the issue right now and has to
take appropriate corrective actions. A two-member committee was appointed by the home
minister which constituted of one member nominated by the government of India and one

65
“AIR 2017 SC 113”

55
person nominated who is a local public figure, basically to monitor the overview of the
execution of the MP Bezbaruah committee.

Racism has also been confused with regionalism, and economic underdevelopment is not
racism. While several factors can contribute to racial violence, the most important factor is
people's mind-set and people’s understanding or thoughtfulness of a specific race. The
Bezbaruah Committee suggests that social attitudes should be changed in order to avoid
ethnic prejudice at odds with individuals belonging to the north-eastern part of country, but
the problem is, "What's going to change the minds of the people?" is the law that must treat
the misconduct of people in the North East seriously. In order to accept the perception of the
Northeast as part of India, a conscience should be created among the people. Educational
institutions at various levels can play a key role in making people aware of the problems and
history of the North-East region.

56
 CHAPTER 5

Approach of the Supreme Court of India

This chapter interacts with Indian Supreme Court’s approach for protection of the rights of
the citizens against discrimination guaranteed by the constitution of India. It specifically
considers case laws which has developed the scope of protection against discrimination.

In the case, of “Karma Dorjee v. Union of India (UOI) and others” 66 on 14th Dec. 2016.
The petitioner, himself representing the case contends about the atrocities and discrimination
that the people from North eastern states are facing. Petitioner desires the honourable Apex
Court of India, suo moto to take the cognizance in the substance & directs the government to
take rational appropriate steps for the betterment of the people of north eastern states so that
they could live fearlessly in all the parts of the country.

The petitioner contended that the people from north eastern states are being discriminated by
people, keeping in mind Article 32(2) of the Indian Constitution. Petitioner supported the
plea with factual details and the occasions which were stated in the numerous newspapers and
magazines ever since 2009.

On 26 Oct. 2009, a woman was scared to death in the kitchen of her home by a stalker. On 17
April 2012, a youthful understudy from Manipur is affirmed to have kicked the bucket in the
wake of being ambushed, by a group of armed people, in her college hostel. In Karnataka, the
panic was created among a particular community after the circulation of threat messages. On
29 May 2013, a Manipuri young lady is affirmed to have been killed in two rooms leased loft
in the national capital area. Two young ladies from north eastern states were dependent upon
racial insults and attack and subsequently, a young student in an area near Lajpat Nagar was
brutally assaulted.

Justice DY Chandrachud observed that the discrimination of the people from north eastern
state is an issue associated to enforcement of the law. The outlook of the people ranging from
schools to colleges to universities to jobs and another place need a brainwash. A sense of
brotherhood and pluralism should be adopted. People should belong to different ethnic group
and embrace the rich culture and traditions that the country has to proposal. The difficulties

66
“AIR 2017 SC 113”

57
faced by the people from north eastern states extending from redundancy, poverty needs to be
addressed now. Every person in the world has a right to life with dignity.

He further said that the home minister needs to address the issue right now and has to take
appropriate corrective actions. A two-member committee was appointed by the home
minister which constituted of one affiliate chosen by the government of India and one person
selected who is a local public figure.

The nature of the work was also explicitly mentioned by the Supreme Court stating:

1. To monitor the overview of the implementation of the MP Bezbaruah committee.

2. To monitor the government initiatives against atrocities.
3. To receive an action plan in case of such discrimination.
4. To raise the issue to the concerned state authorities.

In “State of Maharasthra v. Sangharaj Damodar Rupawate”67 The court of law stated that
meaning of the expressions used for the objectionable content should be measured on the
principles of fair, large and powerful-minded, stable and brave men, not from poor and
indecisive minds, neither of all those who, from any offensive perspective, smell of threat.

In “Arumugam Seervai v. State of Tami Nadu”68, The incident concerned a dispute that did
break out over the strategy of strapping bullocks with in Jallikattu competition (bull culling or
mocking) that's also portion of the harvest Pongal festival held in cities and towns in Tamil
Nadu state. One of appellants physically threatened one of the plaintiffs; the appellants then
followed with stick to beat the complainant.

At the point when the other complainant mediated, he thus was assaulted by the appellants
and continued a head break. The Jallikattu challenge itself has as of late go under a legitimate
test, held up with the Supreme Court by a basic entitlements gathering.

The Court cited Thomas Jefferson's falling out on all men being made equivalent and seen
that “a large section of Indian society still regard a section of their own countrymen as
inferior,” a mental approach that “is simply unacceptable in the modern age” and “one of the
main causes holding up the country's progress.” It additionally held that it is an offense under

67
“(2010) 7 SCC 398.”
68
“(2011) 6 SCC 405.”

58
the "SC and ST (Prevention of Atrocities Act), 1989 (SC/ST Act)", to call an individual from
a standing by a position demonstrating name, whenever utilized with plan to affront, and
refereed to a previous Court conclusion in this association.

“The Supreme Court maintained the indictment under the SC and ST (Prevention of
Atrocities) Act, 1989 the denounced have a place with ‘servai’ class which is a retrogressive
caste, though the complainants have a place with the ‘pallan’ station which is a SC in
Tamilnadu. The word ‘pallan’ most likely means a particular class, however it is likewise a
word utilized from an injurious perspective to affront somebody (similarly as in North India
the word ‘chamar’ signifies a particular caste, yet it is additionally utilized from a defamatory
perspective to affront somebody). In any event, considering an individual a ‘pallan’,
whenever utilized with plan to affront an individual from the Scheduled Caste, is, as we
would see it, an offense under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities Act), 1989 (hereinafter alluded to as the 'SC/ST Act')”.

“To call an individual as a ‘pallapayal’ in Tamilnadu is considerably all the more annoying,
and consequently is much increasingly an offense. Additionally, in Tamilnadu there is a
station called ‘parayan’ however the word ‘parayan’ is likewise utilized from a censorious
perspective. The word ‘paraparayan’ is significantly progressively injurious. As we would
see it employments of the words ‘pallan’, ‘pallapayal’ ‘parayan’ or ‘paraparayan’ with goal to
affront is profoundly shocking and is likewise an offense under the ‘SC/ST Act’. It is only
unsuitable in the cutting edge age, similarly as the words ‘Nigger’ or ‘Negro’ are
unsatisfactory for African-Americans today (regardless of whether they were satisfactory 50
years back). In the current case, clearly the word ‘pallapayal’ was utilized by charged to
affront Paneerselvam. Henceforth, it was obviously an offense under the SC/ST Act”.

The Court additionally targeted "two tumbler framework" found in numerous portions of
Tamil Nadu, observing that the framework as offense "SC/ST Act", those specialists who
neglect to make a move against the guilty parties will be considered responsible. The
judgment of the court is:

“This system is that in many tea shops and restaurants there are separate tumblers for
serving tea or other drinks to Scheduled Caste persons and non-Scheduled Caste persons. In
our opinion, this is highly objectionable, and is an offence under the SC/ST Act, and hence
those practicing it must be criminally proceeded against and given harsh punishment if found
guilty. All administrative and police officers will be accountable and departmentally

59
proceeded against if, despite having knowledge of any such practice in the area under their
jurisdiction they do not launch criminal proceedings against the culprits.”

In “Pravasi Bhalai Sangathan v. Union of India”69, the applicants argued that the State
should make definitive move against creators of detest discourse. The Court didn't go past the
domain of existing laws to punish loathe of hate crimes as that would add up to "legal
exceed". The Court saw that the execution of existing laws would resolve the issue of detest
discourse all things considered. The issue was alluded to the Law Commission to analyze on
the off chance that it is to be considered proper to characterize loathe discourse what's more,
make proposition to the Parliament to fortify the Election Commission to control the peril of
"loathe addresses" in spite of, at whatever point made.

Despite the fact that recognizing the contrary and prejudiced effect of “hate speech” on
persons, In “Pravasi Bhalai Sangathan”70 the court of law stated the battle of 'limiting the
limitation to a sensible standard'. The fear that put down a specific norm may prompt
abbreviation of free discourse has kept the legal executive from characterizing "hate speech"
in India and somewhere else.

The Apex Court also observed that, this is apparent that the legislative body already has
provided adequate and efficient recourse for the conviction of the offender. Given above, the
petitioner asked for reliefs that would amount to law. This Courts therefore certainly stated
that the constitution explicitly allows for the distribution of powers, and also that the court
imposes only the legislation it receives from the legislation. Accordingly, The Anglo-Saxon
legal systems has maintained that judiciary can represent the legislation only irrespective of
the potential implications. Equity or open approach concerns and that the adjudicator is really
not permitted to sanction enactment. On the off chance that there is a law, Judges can
absolutely authorize it, however Judges can't make a law and look to uphold it. The court
can't re-create, reframe or reevaluate the authorization for the for the most part incredible
clarification that it has no ability to manage. The very ability to control has not been given by
the courts.71

69
“AIR 2014 SC 1591.”
70
“Ibid.”
71
“https://indiankanoon.org/docfragment/194770087/?big=3&formInput=racial+discrimination+”

60
Be that as it may, of late, lawful activism of the unparalleled courts in India has raised pubic
eyebrow again and again. Notwithstanding the way that legitimate activism is seen as the
dynamic comprehension of a present course of action with the point of view on improving the
utility of order for social improvement according to the Constitution, the ambit of the court of
Law have viably strived to achieve the consecrated wants of socio-economic equity.

“In Babu Rao Patel v. State of Delhi”72 Law court declared that 153A(1) of Indian Penal
Code isn't bound to the advancement of sentiments of ill will and so on grounds of religion
just, yet considers advancement of such emotions on different grounds also, for example,
race, origin or place of birth, language, caste, creed, sex.

“The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 proscribes
intentionally insulting or intimidating with intent to humiliate a member of a Scheduled Caste
or a Scheduled Tribe in any place within public view.”73

In the case of “Swaran Singh v. State”74 the Supreme Court said that stating a member of a
“Scheduled caste” “chamar” in open would appeal to “Section 3(1) (x)”.75 Nowadays the
articulation "Chamar" is normally utilized by those from upper rank or even by OBCs as an
expression of misuse, abuse and irreverence. Taunting and alluding to an individual
"Chamar" these days involves misuse and is exceptionally hostile. Indeed, "Chamar" as
utilized nowadays isn't commonly used to represent a standing yet to purposely attack and
embarrass someone.

The type of “hate speech” which Apex Court is tackling is insult. This is connected to a
background of embarrassment experienced by individuals from SC / ST, and that is not aimed
towards public order. Use this term "chamar" to disrespect somebody could necessarily
involve hate speech regardless about whether it tends to lead to disruptions of public order.

It was plainly made to prevent affront, embarrassment and incitement to the people from
SC/ST social order, as is clear from the "Announcement of Objects and Reasons of the Act".
In this manner, while decoding "Segment" 3(1)(x) of the Act, we have to consider the notable
essentialness of "Chamar" which it has by general practice, and not the etymological

72
“AIR 1980 SC 763.”
73
“Section 3(1)(x)”
74
“(2008) 8 SCC 435.”
75
“Intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled
Tribe in any place within public view.”

61
significance. If we pass by the etymological significance, we may disillusion the very object
of the Act, and consequently it would not be an appropriate method of represnting.

No individuals or group ought to be today offended or looked downward on, and no one's
emotions ought to be harmed. This is likewise the soul of Indian Constitution and its basic
features. Thus, as we would see it, the alleged upper positions and OBCs ought not utilize
"Chamar" while tending to an individual from the SCaste, regardless of whether that
individual in truth has a place with the "Chamar" standing, since utilization of such a word
will offend him. In such a nation like our own with so much assorted variety - such a
significant number of religions, positions, ethnic and lingual gatherings, and so on - all
networks and gatherings must be treated with deference, and nobody ought to be looked
downward on as a second rate. That is the main way we can keep our nation joined together.
It is definitely an offense under "Section 3(1) (x) of the Act" to name an individual from the
Scheduled Caste "Chamar" with aim of annoying or mortifying him in a social setting. It is to
note, as to whether there is intention to offend or embarrass and use the term "Chamar"
would depend on the situation it was being used.

“The restriction on speech here is more directly linked to decency or morality in article 19(2)
than public order”.76 In like manner, under the requirement of 'sway and pride' in Article
19(2), the confinements set down in segment 153B (ascriptions, explanations identifying with
national joining) might be advocated.

The prohibitions on hateful speech are contained in three separate IPC chapters; “Of Offences
Relating to Religion”, “Of Offences against the Public Tranquillity” and “Of Criminal
Intimidation, Insult and Annoyance”. Under “Section 295A, IPC” was introduced expressly
for expression designed to offend religious sentiments by offending religious doctrine
beliefs.77

Supreme Court in the case of “Abhiram Singh v. C.D Commachen (Dead) by Lrs. &Ors”.78
Assessed the legislation on fraudulent activities in the Act of 1951, has been taken into

76
“Restrictions based on public morality have been struck down on the basis that these restrictions were
discriminatory. See Irina Fedotovav. Russian Federation, UN Doc. No. CCPR/C/106/D/1932/2010.(Held that a
Ryazan Regional Law in Russia, prohibiting dissemination of information related to homosexuality to minors,
violated the non-discrimination provisions of the ICCPR).”
77
“For a recent account of the legislative debates leading to the enactment of section 295A; See Neeti Nair,
Beyond the ‘Communal’ 1920s: The Problem of Intention, Communal Pragmatism, and the Making of Section
295A of the Indian Penal Code, 50 Indian Economic Social History Review 317 (2013) available at;
http://ier.sagepub.com/content/50/3/317, DOI: 10.1177/0019464613494622 (last visited on Feb. 14, 2017).”
78
“Abhiram supra note 104.”

62
consideration a number of legal provisions, and noted that Sub-section 3A was added
properly to ensure that the development or aim to promote hatred or anger among different
groups of Indian citizens people of India on base of caste, race, religion, place or language
would entail an illegal acts in which La competitor, his specialist or some other individual,
with the authorization of the member or his political decision official, assented to proceed
with the up-and-comer's political race possibilities or to antagonistically influence another
up-and-comer's vote. As the extent of the unlawful go about as offered in sub-area (3)
augmented, a considerable change was presented by including the articulation "for any
individual on the ground of.

“Madhu Limaye v. Superintendent, Tihar Jail”79 Shri Madhu Limaya, M.P. moved this
petition while he was prisoner, imbued more by the pro bono publico sphit than perhaps by
his own invidious lot in jail. It is obnoxious that racial discrimination, smacking of colonial
hangover, should stubbornly resist arts. 14 & 15 of the Constitution and survive in the Punjab
Jail Manual. The petitioner contended that that many laws which do not square with the
equality enshrined in Art. 14 and 15 die hard until pronounced dead by the 'Court Prima facie
the rules quoted are neither fair on their face nor equal in their bosom, as between. Indians
and Europeans.

There’s a need for 'attention of the Punjab Government to the need for revision of the
impugned rules from the perspective of the racial non-discrimination. In the light of this
submission we hope the State Government will take up the reform of the law, lop off dead
wood, eliminate the vice of inequality and update the regulations to be in keeping with the
spirit and letter of the paramount law.

“People'S Union for Civil v Union of India & Anr”80 The constitution of India, protects
basic human rights as in context of fundamental freedoms within Part III and furthermore
State Policy Guidelines within Part IV which have been fundamental to the country's rule.
Liberties given under Part III were also usually interpreted in favor of the objects by different
pronouncements of this Court during the last half century, taking into account the
international conventions. Non-governmental organizations responsible for human rights and
efforts to combat racial discrimination.
The Court also referred the “Civil Liberties v. Union of India & Anr. [(1997) 3 SCC
433]”, and held that It should be sufficient to point out that the terms of the convention,

79
“1975 AIR 1505”
80
“AIR 1997 SC 568”

63
which explain and uphold the constitutional protections provided by the “Constitution, can
definitely be depended on by the courts as components of such basic privileges and can
therefore be enforced” as such. The rule is of fact specific and definitive as regards
several treaties.

Thus, international treaties have persuaded understanding of Indian law in a number of ways.
This Court has depend upon it for legislative explanation, where the expressions of any
legislature are not specified or are rationally proficient of extra than one meaning. In those
cases, the courts have faith on the sense which is in harmonic overtones with the
Conventions, since there is an evidentiary inference that Legislature did not wish to behave in
contravention of international norms, particularly requirements under the State Treaties. This
is often agreed that in the implementation of any contradictory legislation in national law, in
the context that it has more than one interpretation, the interpretation most closely complies
with the purposes of any law.
“Safai Karamchari Andolan and Ors v. Union of India and Or”s81 the court noted that “Not
together from the arrangements of the Constitution, there are different International
applications and agreements to which India is an undersigned, which endorse the brutal act of
manual searching. These are the Universal Declaration of Human Rights (UDHR),
Convention on Elimination of Racial Discrimination (CERD) and the Convention for
Elimination of all Forms of Discrimination against Women (CEDAW). The important
arrangements of the UDHR, CERD and CEDAW are under Article 2 of CERD Article 2(1)
(c)”.82

This petition for writing was regarded as a proceeding mandamus from 2003 until today. This
Court issued many orders which had far-reaching consequences. The petitioners emphasized
on the non-adoption of the Act in numerous jurisdictions that proceeded to the State
81
“(2011) 15 SCC 611”
82
“States parties condemn racial discrimination and undertake to pursue by all appropriate means and without
delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races,
and to his end:

(c) each State party shall take effective measures to review governmental, national and local policies, and to
amend, rescind or nullify any laws and regulations which have the effect of creating on
perpetuating racial discrimination wherever it exists;

d) Each State party shall prohibit and bring to an end, by all appropriate means, including legislation as required
by circumstances, racial discrimination by any persons, group or organization. “The above provisions of the
International Covenants, which have been ratified by India, are binding to the extent that they are not
inconsistent with the provisions of the domestic law.”

64
Assemblies approving the Act (such as the Delhi Assembly that validated the Act as later as
in 2010). The Union Government, State Governments just as the applicants have documented
testimonies every now and then according to the headings of this Court and furthermore with
respect to the consistence of those requests.

The Media should help to facilitate another just struggle of societies fighting for freedom and
rights, and the right to exist in peace and unity beyond foreign intervention. This is
particularly significant for all exploited peoples, who have been denied of the authority to
develop their views represented inside their own countries while combating against racism,
cultural and religious discrimination. In Nawabkhan Abbaskhan vs The State Of Gujarat83 It
is every person's right and responsibility to oppose unlawfully wielded public power more
often these insights of same individuals are felicitous to the particular case:—

"If a policeman, in the exercise of his office, orders a Black person to leave a park in a
Southern town, is the citizen obliged to obey the policeman's order and wait until later to
invoke some, remedy to challenge fits validity? Can the citizen be, constitutionally convicted,
of some crime based on his refusal to obey the, policeman's order, even if a court should later
determine that the order was unconstitutional? The order was found to be an unconstitutional
violation of the defendant's rights first because it was designed to
enforce racial discrimination in the park, and second because it was based on the possibility
of unlawful troublemaking by others rather than on any wrongdoing by the defendant. So
much was sufficient to require a reversal of the defendant's conviction: Obviously, one
cannot be punished for failing to obey the command of an officer if that command is itself
violative of the Constitution.”

“National Campaign on D.H. Rights & vs Union of India84 In this case The Petitioners who
are deliberate associations are proceeding with the battle for liberation of individuals from SC
&ST. The Petitioners have documented this Writ Petition abused by the non-execution of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The writ of
mandamus was issued and the Apex Court observed that one of the motivations behind the
United Nations is to advance and energize regard for and perception of human rights and
principal opportunities for all, without differentiation as to sex, race, place of origin, language
or religion. Article 1 of the International Convention on the Elimination of All Forms of
Racial Discrimination, 1966."

83
“AIR 1977 SC 112.”
84
“AIR 2016 SC 2165”

65
Certain proposals on "Article 1 of the ICEDR"85 were received by the court and affirmed that,
the expression "descent" in "Article 1, passage 1, the Convention" doesn't exclusively allude
to "race" and has a significance and application which supplement the other restricted
grounds of segregation, Strongly reaffirming that separation dependent on "descent"
incorporates oppression individuals from networks dependent on types of social definition,
for example, rank and closely resembling frameworks of acquired status which invalidate or
disable their equivalent satisfaction in human rights. These suggestions additionally firmly
censure not too bad based separation, for example, segregation dependent on rank. It is
noteworthy that there was additionally a suggestion that the enactments and different
estimates as of now in power ought to be carefully actualized.

While dealing with the issue the court observed that, numerous concerns regarding lacunas
and weaknesses from different social groups were made within said Act. “Many other
changes have been created to the aforementioned byelaws which has been rewritten as the
Protection of Civil Rights Act, 1955. In spite of a major overhaul, it was noticed that
the Protection of Civil Rights Act, 1955 and the Indian Penal Code, 1860 were inadequate to
check the atrocities committed on Scheduled Castes and Scheduled Tribes”.

“The way that the SC/ST stayed a powerless communities despite the acquaintance of a few
measures to enhance and develop their social & economic condition involved profound worry
to the Parliament. The Parliament recognized that the Scheduled Tribes & Scheduled Castes”
were subjected to different abuse, disrespect, embarrassments and prolonged disturbances.
Various occurrences of acts of violence & monstrosities denying the ST/SC of their lifes and
property were a primary reason for Parliament to worry about.

Assessing that the alarming pattern of commissioning offences against the SC&ST has
escalated, the Parliament adopted "the Scheduled Castes and Scheduled Tribes Tribes
(Prevention of Atrocities) Act, 1989." “To prevent the commission of offences of atrocities
against the members of the Scheduled Castes and the Scheduled Tribes, to provide for special
courts for the trial of such offences and for the relief and rehabilitation of the victims of such
offences and for matters connected therewith or incidental thereto.” broadens the opportunity
of criminal accountability by “containing various acts or omissions of atrocities which were
not protected by the Indian Penal Code or the Protection of Civil Rights Act, 1955”.

85
“ibid”

66
In “Dr. Ramesh Yeshwant Prabhoo v. Shri Prabhakar Kashinath Kunte & Ors.”86,
"subsection (3A) of section 123 of the Representation of the People's Act , 1951 (hereinafter
RPA, 1951), noting that the provision was similar to that of section 153A, IPC" as “the
promotion of, or attempt to promote, feelings of enmity or hatred as against the expression
Whoever Promotes or attempts to promote disharmony or feelings of enmity, hatred or ill-
will" in section 153A, IPC. The expression ‘feelings of enmity or hatred’ is common in both
the provisions but the additional words in Section 153A, IPC are ‘disharmony or ill-will’. The
difference in the plain language of the two provisions indicates that even mere promotion of
disharmony or ill-will between different groups of people is an offence under section 153A,
I.P.C, while under sub- section (3A) of section 123 of the RPA, 1951, only the promotion of
or attempt to promote feelings of enmity or hatred, which are stronger words, are forbidden in
the election campaign.”

The Apex Court, in the case of “Abhiram Singh v. C.D Commachen (Dead) by Lrs.
&Ors.”87 scrutinised “the law on immoral actions under the Act, of 1951 Taking into
consideration a number of case laws and observing that Sub-section 3A” was enforced
effectively to ensure that the propagation or aim to promote hatred or animosity among
various groups of Indian people on the basis of caste, religion, sex, race, community or place
of origin or language. This would involve a criminal activity in which a person, his
representative or any person, with the approval of the candidate or his elections officer,
consented to prolong the candidate's electoral chances or to adversely affect another
candidate's election.

While broadening the domain of the immoral exercise as given under, “sub-section (3), a
Substantial change has been brought together by the incorporation of the sentences for any
person on his or her own. The Court also stated that section 123(3A) has another sphere. It
does not mean vilifying another language or creating enmity between communities. It is not
about maligning other dialect or generating animosity among groups. It applies to the
encouragement or effort to facilitate hostility among various sets of people on the reasons
forbidden but section 123(3A) would not apply to the faith, ethnicity, caste, culture or
language of an individual or a rival competitor (unlike section 123(3) which uses the word
'his). Section 123(3A)” Involves encouraging or attempting to foster sentiments of hatred or

86
“AIR 1996 SC 1113.”
87
“Abhiram supra note 104”

67
animosity amongst various groups of Indian people on reasons of faith, ethnicity, caste,
culture or language.88

88
“See also, Jamuna Prasad Mukhariya v. Lachhi Ram, AIR 1954 SC 686.”

68
 CHAPTER 6

Conclusions and Suggestions

Racial and ethnic discrimination happen on an everyday basis, hampering development for
Lots of people from all over the country. Through conflicts, the basic tenets of equality and
freedom from discrimination to the fostering of racial hatred that can lead to persecution,
prejudice and hatred harm lives and culture of different groups.

In a country like India, racialism, caste-based and complexion-based discrimination are not
equally limited - often it may overlap. It is not malicious nonetheless, that there is no race
discrimination existing by the fact. These ethnic preconceptions The Indians often form the
base of colour to which the quantity of market-accessible "fairness" goods affirms it. There is
a necessity to recognize racial discrimination and distinguish it from the other grounds of
biasness, prejudice or discrimination, and should not take for reference the past incidents but
to comprehensively focus on various other forms of it.

To assess the question of racial prejudice in India, more stringently constructed at the stage of
educational repetition and legislative enactments needed to be discussed. More proactive
inspection to stem directly with realistic answers and guideline implications seems to be the
ongoing concern of prejudice and ruthlessness in Delhi as well as other cities.

6.1. PROBLEM IN EXISTING LAW

1. The Indian Constitution provides for certain fundamental rights to the Indian citizens,
containing safeguard to individuals from discrimination on the grounds of religion, race,
caste, sex or place of birth. And 371 and the SC/ST (Prevention of Atrocities) Act (1989),
the amended provisions of IPC are not enough to deal with race crimes.
2. “Article 15 of India's Constitution” states that the states shall not make that distinction on
the base of, amid other things, race. Nevertheless, the practicality and domain of this
Article on crimes of an ethnic nature must be scrutinised. Due to its upright as a
fundamental right, solely crimes prolonged by State can seek relief under it. Thus Article
15 prima facie nosedives to safeguard sufferers of race based crimes committed by
private persons. Nonetheless, these defences can only be chosen when the discernment
has been made by the State or any Governmental figures, containing Government

Page | 69
 agencies of both Central and State Governments. In incident of discrimination on any of
the grounds stated under Article 15 on religion, race, caste, sex and place of birth by the
Government through its strategies, or principles, or otherwise, containing recruitment,
promotions, transfers, elimination & relegations, therefore the exaggerated individual can
go before the Apex Court or the respective High Courts.
3. “Article 371 of the Constitution” provided certain requirements to the below mentioned
states of Maharashtra, Gujarat, Nagaland, Assam, Manipur, Tripura, Andhra Pradesh,
Sikkim, Mizoram, Arunachal Pradesh and Goa. Though the provisions concerning to the
continent states predominantly relay to improvement, employment administration and
education, the provisions for the North-Eastern situations are far more all-encompassing.
These provisions consist of shielding the “spiritual and social practices” of the Mizos and
the Nagas, and authorising the Legislative Assembly of Nagaland the right to sanction
any Act of Parliament concerning “ownership and transfer of land and its resources”
previously application to Nagaland. These provisions have established a variability of
rational responses over the years, reaching from applauding this article for empowering
the people to assessing it for deteriorating to guard the Naga community as a whole
and being undemocratic. Additional question that increases is that conversing these
comprehensive special privileges on the North Eastern situations broadens the gap among
the rest of the mainstream India and these situations and highlights the fact that citizens of
the North-East are professed more as foreigners than as Indians.
4. “The Constitution, the SC and ST (Prevention of Atrocities) Act, 1989 (the SC/ST Act)”
pursues to safeguard the safeties of certain sections In India. As one of the primary anti-
discrimination laws in India, it is alike to an anti-racism law in the sagacity that it
safeguards a certain class of persons from the ones outside of it. Nevertheless, although
the SC/ST Act safeguards on the base of standing, an anti-racism regulation would shield
on the foundation of race. Nonetheless these two classes of persons do repeatedly
intersection, there are populations which fall outside the ambit of one but not the other.
Such sufferers would have no definite option in law, and would have to change for
liberation beneath the general requirements of Article 15 of the Constitution of India.
These might consist of communities such as Gonds of whom only a segment are specified
as Scheduled Tribe, also the whole separations of racial subgroups such as those with
Mongloid features.
5. However such distinctions are evident at the face of it, the complexities because of
disparities are slowly disappearing. A current instruction from the Ministry of Home
70
 Affairs avowed that all wrongdoers guilty of massacre against North- Eastern. Offenders
need to be charged under the SC/ST Act. This provides the imprint that a definite race of
Indians including persons with Mongloid features are covered there under the act of SC /
ST's, irrespective of whether they are unacceptable for the social groups in the legislation.
It would not, however, establish a precedent for fixing the casualties of racialism that suit
many groups outside the SC / ST party. The foundation of the Home Affairs Ministry is
whether whilst most North-Eastern indigenous people belongs to Schedule Tribes.
Accordingly, an individual outer from the minorities of North-East, victim of such
offences which are constructed on racialism would not be entitled to cure under the
“SC/ST Act” except belongs to a group that specifically comprises of individuals of the
SC/ST categories.
6. In addition to all these national legislation enacted by the Indian legislature, India is
indeed a signer to "ICERD (International Convention on the Elimination of All Forms of
Racial Discrimination)." Nonetheless, India has also secured the position, that if there
should arise an occurrence of any intrigue to the International Court of Justice for a
choice in regards to “ICERD”, In any case, the ratification of each group will be
paramount. Any guilty party may therefore clearly refuse to agree to the application of
"ICERD" in their individual case. Henceforth, "ICERD’s guidelines" may not be adequate
to properly tackle racism and discrimination in India. India nevertheless practices a dual
structure of law enforcement, the decision by court in “Vishaka v Rajasthan in 1997,
held that in the absenteeism of any national law, international provisions would be
substantial”.
Therefore, the Courts of India, "ICERD’s regulations" may be realistic in line with all
other domestic laws, including the SC / ST Act. Nonetheless, this procedure should
usually be dealt with as not being inherently feature of Indian legal framework. Thus,
Indian legislation will likely balance a need for a persuasive, unequivocal enemy of the
rule of prejudice.
6.2. SUGGESTIONS

Under the India law, the lack of a robust anti - discrimination legislation also long
stymied attempts to provide those who do have virulent threats heaping onto them with
meaningful and sufficient quality recourse. The Constitution has positive regulations
laws that discriminate and requiring positive discrimination, though they are best applied
to a public sector. Private-area groups and individuals and their meetings have the

71
potential to create an unbridled law when it involves discrimination against “the other."
In addition, the Constitution leaves quiet more about different classes because of which
people are discriminated and separated against. Using the word "Chinki" could result in
detention being punished for 5 years. For a law to be effectively enforced in India,
however, the policemen must first be informed of the law’s effectiveness. Because the
enforcement of the legislation is highly dependent on the law enforcement, it is unclear
whether such a provision will have any meaningful effect on the outcome.

Some may have asserted that when law enforcement officers try to control disregard the
crime as inconsequential, the primary issue of racial discrimination is. There seems to be a
propensity to comment negatively on the reputation of perpetrators or alleged victims and fail
to file first reports of details, or to put huge weight on the culprits to excuse the case. For
instance, for a circumstance where the essential response to a Manipuri youngster found dead
under questionable conditions was to select an occurrence of implosion, which was simply
changed over to execute and to blame wrongdoing after much weight. Indian police have
been seen as be solidly uneven against North-Eastern Indians. Some have been recorded
excusing the opportunity of attack of North Eastern women on the grounds that all of them
are for the most part whores.

The concern is more than just implementation or the lack of enforcement it's also about the
societal and sociological approach of Indian society. In our country, society seems to be
unable to acknowledge the continuing rise of racial discrimination, which therefore hinders
the existing prevailing situation. Nevertheless, one should not ignore the essential role that
law plays in solving unresolved social issues.

For instance, after the judgment by Delhi HC got front to recognize the issue of
homosexuality & dismissed in the open field overcomers of partition dependent on sexuality
felt by and large progressively secure and even more socially recognized. Following this
model, it is at any rate possible that a change in the legitimate status. It will understand a
move for mentality of the people and is almost without a doubt that will provide greater
security.

“Laws in the Indian Penal Code, 1860 are sufficient to combat racism, and rather than a new
law, active implementation of existing laws is necessary. However, the present laws are
neither comprehensive, nor are they sufficient to combat the race based crimes in India as
showed above. A new law, with the same deficient implementation by law enforcement

72
agencies would nonetheless form a very valuable piece of legislation that pro-active judges
could use to combat racism in India. Further, the simple act of having a new legislation come
into being would sensitise the Indian populace to the issues of racial discrimination still
predominant in India”.

Laws lay the framework for a civilised society by setting boundaries for individuals. Fresh
legislation, even if it doesn’t promote immediate deterrence, would arm inclined lawyers with
an important tool to seek justice new legislation might not mitigate racism but it will certainly
provide victims with a specific means of legal redressal.

Discriminatory behaviours focused on marriage status, race, origin, gender orientation,

ethnicity, or religion actually don't really fall under the purview of the legislation. The
Constitution as well as the applicable laws restrict the practice of "untouchability" but do not
fix circumstances in which a private owner refused to even let "Dalit's, Muslims,
homosexuals or non-vegetarians" out of the building. The law likewise doesn't cover
circumstances where segregation on different grounds is drilled in private division
associations, clubs, social orders, NGOs, instructive establishments, emergency clinics,
Panchayat.

The new enactment will brings all of these elements inside its ambit, and furthermore
incorporates specialist co-ops, clients and representatives in both the sorted out and
disorderly areas. Along these lines, a neighbourhood kirana storekeeper who will not offer
products to a Muslim would likewise be held blameworthy of rehearsing separation. Likewise
for landowners who will not let out their premises individuals from the North East or
Kashmir.

Unless it failed to represent a duty to practice diversity, no legislation and anti-discrimination

would be very detailed. In this regard, the new legislation takes on a major concerned by
constructing the need for organizations to carry out anti - discriminatory practice and
diversified tasks and extremely realize diversity by offering opportunities, accomplishment
initiatives and preparation and targeted ads.

Adding the classifications of what would be considered as prejudice and discriminatory

application of the law, as well as expanding protection to other people and groups who were
previously left without defence. This also sets out a solid framework and mechanism for
compensation, as well as steps that may act as defensive measures.

73
“It must be inspected that trouble of racial profiling is more prominent sociological than
genuine. Wire of people, who face the trouble of racial parcel into well-known India can
basically happen with an inside and out exchange the factor of perspective on selective
inhabitants. The trouble presents itself in the most significant of issues – even the National
Anthem, The picture of Indian eagerness and whole relating-bars shows the total of eight that
develop up the Northeast. There is a need for common vital central measurements and
preparing about the Northeast as parcels as the remainder of India-essentially by means of
realities can there be bona fide articulation and blend. Thusly, there can be no confine of the
issue close to if non-Hindi talking South Indians are hardened as all issues respected into the
Indian method of presence as their North Indian confidants”

In like manner, while another a new legislative law will just help the circumstance, it can
never totally expel the issue except if there is a finished change in the somewhat shut mind-
set of most Indians. Race discrimination is an issue in India, and individuals must
acknowledge it in that capacity.

74
BIBLIOGRAPHY

BOOKS

1. McDuie-Ra and Duncan. Debating Race in Contemporary India, .1st edn. : Palgrave
Pivot, (2014).
2. Boyle,Kevin ‘STRIKING A BALANCE Hate Speech, Freedom of Expression and Non-
discrimination Vol 1990, No. 3. , London. E-book [online] .(1992)
3. Hilary Charlesworth, Universal Declaration of Human Rights (1948), in MAX
PLANCK ENCYCLOPEDIA OF PUBLIC INTERNATIONAL LAW (2008)

ARTICLES

1. Sitlhou, Hoineilhing and Punathil, Salah. (2017) ‘Racial Discrimination and Violence
against Northeasterners and the Bezbaruah Committee Report, 2014’, ISS e-journal,
Vol. 1 (1), [online]
2. Ahmad,Nafees.(2017) ‘Racism in India: Equality Constitutionalism and Lego-
Institutional Response’,[online].
3. CERD,General RecommendationVIII,adopted on 21 August1990 45 GAOR Supp 18
UN Doc 45/l8. Chapter VII (1990).
4. Aissata, De Diop, Panel discussion at the CSW 45th session, pp. 6-16, Geneva, March
2001.

STATUTES

1. The constitution of India

2. Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989
3. Universal Declaration of Human Rights, 1948
4. International Convention on the Elimination of All Forms of Racial Discrimination,
1969

LAW DICTIONARY

1. DUHAIME’S LAW DICTIONARY, definition of “animus,”

http://www.duhaime.org/LegalDiction ary/A/Animus.aspx [https://perma.cc/8HG8-
W3RL]
2. OXFORD DICTIONARY, supra note 2

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 3. BLACK’S LAW DICTIONARY by Bryan A Gamer; Henry Campbell Black,
Eleventh Edn. (2019).

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