This article is written by Pranav Sethi, from SVKM NMIMS School of law, Navi Mumbai. This article analyses Race Discrimination in Modern Law System.
Table of Contents
Introduction
“I have a dream that one day right there in Alabama little black boys and little black girls will be able to join hands with little white boys and white girls as sisters and brothers.” – Martin Luther King Jr.
Humans have been around for millennia and have faced many obstacles. The transformation that has occurred since the primal stage is astounding. The twenty-first century has been full of improvements, and growth has reached a pinnacle point. We attempt to acknowledge the most basic problems like racism when we talk about progress, productivity expansion, digital technology, and transformation. Social issues such as racism, bigotry, and injustice continue to be a major concern, with the majority of them going unaddressed. These are an important part of everyone’s everyday lives and have a psychological effect.
Racism is described as ‘unfair treatment of people of other races, including aggressive actions against them.’ It is the unethical behaviour of one human being against another cause of variations in the backdrop, physical appearance, skin colour complexion, or birthplace. It is the mistreatment of an individual and the denial of his or her rights and opportunities based on preconceived notions and stereotypes. This threat has existed in India for decades, and no amount of effort has been sufficient to stop the practice of racism. There is a pressing need to examine cases of racial discrimination and the effectiveness of the mechanisms in place to combat it.
Discrimination based on an ethical or cultural basis is often referred to as racial discrimination. To comprehend racial discrimination, it is essential to comprehend race. ‘Race’ is a term with a very limited scholarly understanding of what it means and what it entails. “It is thought that the word race refers to people who have similar physical and social characteristics and are classified as such.” Philosophers disagree about whether an individual’s behaviour is discriminatory or not based on his ethnic classification, irrespective of whether the act is negative or not. The severity of the discriminatory action and which one is considered insulting is also up for debate. Another word that is associated with racism is xenophobia. It refers to biases held against people from other countries or groups. This term only refers to a minor aspect of prejudice, since it only refers to discrimination based on differences in birthplace. There is more to prejudice, and it comes in many forms.
Different kinds of racism in India
Every nation on the planet has its own set of contradictions, cultural differences, biases, and types of discrimination. Racist ideas circulate among people constantly, whether on television, in the arts, in published works, or in discussion with others. Racism still exists in India in different forms, and everyone is subjected to it at some stage by fellow humans in some way. “The Indian psyche, as shown by recent incidents in various parts of the world, demonstrates the country’s harsh racial practices.” Racism exists as a result of insensitivity and a lack of understanding. Racism is often caused by stereotypical minds and individuals who have prejudices towards others. Often it’s just a person’s need to offend and make the other person feel small that drives them to make racist remarks. Racism in India is not limited to skin colour differences; there are other types of racism as well. There are different shades of prejudice that one can encounter in India due to the vast environment, cultural distinctions, rich history, and settlement of outsiders.
Different areas have different cultures
When one moves from one area to the next in India, the geographic features of the land change. It is made up of mountains called the Himalayas, vast plains, and high caps and plateaus as one travels down the mountain range. Desserts can be found in the western regions. The topography of the area changes and the culture of the region changes as well. People from various regions have distinct characteristics and a distinct way of life. People’s physical appearance, language, and food vary due to variations in environment, way of life, and other factors.
The natives do not appreciate a North-Indian settlement in any of the South Indian states and ruling the area politically or economically. They regard this as a challenge to their culture and survival. There is a distinct physical appearance, culture, and language spoken by the Mongoloid population in the northeastern part of the country. They have faced bigotry in India because they are a minority with physical attributes that differ from the majority of citizens. Because of the differences in climate and origin, they have smaller and sharper eyes. Discrimination based on their appearance and place of origin is unfortunate. It is a gross abuse of every person’s natural rights and hurts their self-esteem.
Indian racism against Africans
In India, Africans are viewed as individuals who lack self-respect and dignity. Indians have treated Africans in a derogatory and racist manner. In India, being black is a curse and a sin. The social security of Africans in India is always in doubt, and people are judging them well before they speak to them. Africans in India have a reputation for being thuglike and brutish. Local authorities ignore their plight and are unconcerned about prejudice against Africans.
The Africans are afraid of the locals because they have biases against them. Locals also try to prevent Africans from using public restrooms. They face discrimination in the hiring process, in rental properties, in the local economy, and in other basic services. The state has also refused to acknowledge and defend African people’s rights. They are often confronted with racism in public areas, and people’s attitudes toward them are not always favourable. Since they live in India’s cities, these people’s lives are primarily impacted. They are also subjected to racism during the VISA application process, and the approval of their application is often viewed with suspicion.
Discrimination based on caste and social status
The origins of caste and class can be linked back to the Vedas, Smritis, as well as other Hindu scriptures published during the prehistoric civilizations. The texts classify societies into four main groups. People’s professions, rank, and social standing were all dictated by the family they were born into. People’s professions were restricted, and people from various classes were allowed to pursue the forefathers’ professions. Brahmins, Kshatriyas, Vaishyas, and Shudras were the four grades. The two groups of Brahmins and Kshatriyas were in charge of the state’s most important affairs, such as education, religious affairs, governing, and war affairs. The other two groups supported the Brahmins and Kshatriyas in their efforts by working as their servants. The structure stripped away one’s right to choose one’s occupation, resulting in an economic divide between the four groups. The first two classes’ work was often presented as more significant, instilling a superiority complex.
Racism has been institutionalized
People’s life in India is heavily reliant on the structures that surround them. These structures provide for basic needs, and individuals are financially reliant on them. Institutionalized racism is a type of racism that is reserved or unethical that is practised by a political or social organization. This type of racism is most often seen when an institution’s management is biassed and prejudiced towards people who are different. It can also happen when organizations knowingly limit and refuse to respect the rights of a particular group of people. Discrimination of this kind can be found in educational schools, health care facilities, and workplaces.
Preconceptions and racism based on gender are most prevalent in the workplace, which is referred to as systemic racism. Racism like this can destroy a person’s professional career and self-esteem. It also makes people less efficient by disincentivizing them from functioning. Such prejudice has a particularly negative beneficial effect leading to depression in the majority of instances. Because of their structural strength, people in dominant positions often discriminate against subordinates. It is a largely overlooked form of racism in society, and it persists in even the most modern societies.
Discrimination based on gender
The effect and incidences of bias experienced by women are significantly higher than those experienced by men. We can see that the gender of an infant born cannot be altered or determined by humans in the most limited sense. It’s entirely evolutionary, or more precisely biological. Nature has developed various genders such as male, female, homosexual, and so on. The state ensures that a child has equal rights both before and after birth. There is no discrimination based on the gender of the child or the state in which the child is born.
Humans have biases based on the gender of a child’s birth and even after they have grown into adults. Females have been suppressed in society by traditionalists and conservatives. Even before she is conceived, a girl child is murdered by her family’s elders. There is a belief that men are expected to run the family by providing financial support, while women are required to take care of household duties such as cooking, cleaning, and childbearing. As a result of this assumption, the notion that females are a liability to the family develops, and they are killed.
Colonialism and patriarchy are two other factors that have contributed to the emergence of gender-specific discrimination. The other explanation for gendered racism is the inequality and vast disparities generated by them in the past and even today, centred on concepts of supremacy and domination. The patriarchy and colonial rule established a social system and ignorance that has made it difficult for women to survive in civilization without being marginalized on a routine basis.
The present state of India’s anti-racism legislation
In Section 153(A) of the Indian Penal Code, the Home Ministry plans to add a clause.
Shashi Tharoor, a member of Parliament, recently introduced the Anti-Discrimination and Equality Bill 2016. The legislation recognizes the need to protect anyone subject to all forms of out-of-line distinction under a single comprehensive law that is nonpartisan and apolitical. Direct and indirect differentiation, badgering, isolation, biassed violence, and abuse are all addressed in the bill. The central government has yet to submit the Bill to a parliamentary advisory board of trustees for a more thorough open hearing and inquiry, as well as to prepare for its implementation.
The Ministry of Home Affairs petitioned the Delhi High Court in 2015 to introduce two new provisions to combat racial discrimination.
The Indian Penal Code (Amendment) Act, 1898 was the first one to incorporate this provision to the Code, to deal with some other matters about violation of social tranquillity that was not included in the initial Indian Penal Code.
The scope of Section 153(A) has been expanded to include the fostering of discord, enmity, or sentiments of hostility or ill-will between religious, ethnic, language, or regional classes, castes, or societies. This segment also covers the crime of moral depravity. The offence is cognizable, and the penalty can be up to three years in prison, a fine, or both. The penalty for a crime perpetrated in a place of worship nevertheless is increased to five years in prison and a fine.
The Caste Disabilities Removal Act, 1850
This law was passed in 1850 in British India within the control of the East India Company. This legislation granted citizens the freedom and equal rights to change from one religion to another. Their rights, specifically their inheritance, will not be revoked if they converted their faith. This law stated unequivocally that a person who has the right to acquire parental assets would not be refused, even if he converts to Christianity. Despite transferring land, a Hindu boy, for example, will still be regarded as a Hindu just after the transition.
The Prevention Of Atrocities Act (Scheduled Caste And Scheduled Tribes), 1989
On September 9th, 1989, this legislation was introduced. This legislation safeguards the rights of SCs and STs against discrimination and exploitation. It shields the poorer parts of society from violence, cruelty, brutality, and ruthless terror. It lists approximately 22 offences that fall within the scope of racism, such as denial of access to drinking water, healthy hygienic conditions, edible food, access to hospitals, education, and temple entry, among others. Section 14 of the SC/ST Act establishes speedy trial courts to ensure that OBC and other tribal peoples receive prompt justice and are not left defenceless. For offences committed under the act, there is no option for anticipatory bail.
Indian Constitution provisions to combat racial discrimination
- Article 14 – declares that no one should be denied dignity within India’s borders.
- Article 15(1) – states that no discrimination should be made based on religion, ethnicity, caste, sex, or place of birth.
- Article 15(3) – states that special provisions will be made for children and women.
- Article 16 – guarantees people equal work opportunities for men and women.
- Article 17 – outlaws the practice of “untouchability,” and anyone who engages in it is subject to legal consequences.
- Article 21 – prevents people from being deprived of their life and liberty.
- Article 46 – guarantees that the poorer parts of the population, the Scheduled Castes, and Scheduled Tribes, are protected and that special arrangement is made to meet their economic and educational needs.
- Article 51(A)(e) states that every citizen has a responsibility to promote a sense of unity and harmony among all Indian people and also to denounce practices that are disrespectful to women’s dignity.
- Article 243T(4) establishes a reservation of chairpersonship in municipalities for scheduled castes, scheduled tribes, and women following state law.
- According to Article 243D(3), one-third of the number of seats in Panchayat must be applied to women (along with the majority of seats reserved for women of Scheduled caste and Scheduled tribe).
Black Lives Matter Movement
Black Lives Matter (BLM), An international social movement dedicated to combating racism and anti-Black violence, particularly in the form of police brutality, that was founded in the United States in 2013. The phrase Black Lives Matter denotes both a criticism of unjust police killings of Black people (Black people are significantly more likely to be attacked by cops in the United States than white people) and a request that the social system value Black human livelihoods and dignity as much as it appreciates white human livelihoods and humanity.
The killing of Trayvon Martin Case
Just after the practice, the traumatic and devastating killing of Trayvon Martin on February 26, 2012, a forum called Black Lives Matter was founded in 2013. It’s a forum that was created to show how whites have always oppressed black people. George Zimmerman murdered Trayvon Martin, a 17-year-old African-American teen, in a deadly shooting in Sanford, Florida.
Instead of just being arrested with second-degree murder, Zimmerman was convicted and marched free after so much discussion. He said he shot Martin in self-defence, but the jury found no proof to support his assertion. This demonstrates racial discrimination toward black people. Martin’s assassination received no justice. Zimmerman got his freedom as a result of a crime, which showed how the self-defence law worked in his favour. It’s obvious that white supremacy still wins out in the end.
The Black Lives Matter movement is a voice for people to seek justice for African-Americans. They emphasize that black lives are important and that they should be provided with the opportunity to rise and advocate for themselves. It exposes the truth about whites’ superiority over blacks.
George Floyd case
George Floyd, a 46-year-old African-American, was murdered in Minneapolis by a fellow officer Derek Chauvin, who pushed his knees to Floyd’s throat for almost 8 minutes and 46 seconds before he died.
Tou Thao, J. Alexander, and Thomas Lane, three other officers, were all engaged in the killing. Floyd was arrested after a convenience store called 911 to report that he had purchased a package of cigarettes with counterfeit money. Floyd lay down on the ground while the cop handcuffed him. Derek Chauvin then suffocated Floyd by putting a lot of pressure on his back and neck.
Even though Floyd protested his respiratory difficulties and was claustrophobic, Derek Chauvin still put his knees on Floyd’s neck to attack him when Floyd was breathing his final breath. Derek has been charged with second-degree murder while the other three have been convicted with abetment of murder. This is a simple case of shamelessness and cruelty.
Conclusion
Racism’s different forms and complexities have already been discussed. All of the facts and practical considerations will lead one to the conclusion that, even in the modern period, when progress is at its peak, some orthodox and traditional ideas remain. These ideas and values are deeply ingrained in society, and they continue to plague a small segment of the population. Racism is a threat to society that is not external but mental, and it is present in everyone’s life. Since racism is so common, both the perpetrator and the victim often overlook and dismiss instances of racism. On paper, the assistance network is strong, but its execution is lacking. It is necessary to shift people’s perceptions and stereotypes of people with darker skin. Individuals with darker skin complexions, as well as others, who have been subjected to various forms of prejudice in India, must refuse to accept the discrimination and cruelty committed by others. Downtrodden people must make attempts by refusing to be mistreated, filing lawsuits, and helping those who are discriminated against might prove to be fruitful.
References
- https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.legalserviceindia.com/articles/rac.htm&ved=2ahUKEwink82_trnwAhVk8XMBHfiCDCoQFjAAegQIBhAC&usg=AOvVaw04Pjzqkhl3wxecEyloc51w
- https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.thehindu.com/opinion/lead/the-need-for-an-anti-discrimination-law/article31828372.ece/amp/&ved=2ahUKEwink82_trnwAhVk8XMBHfiCDCoQFjACegQIBRAC&usg=AOvVaw3OXSBQCJ0NbC9549BmaAtt&cf=1
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