How to report instances of racial discrimination

February 19, 2018

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racial differences — Image Source - http://joy105.com/index.php/2017/07/13/host-fined-for-racial-discrimination/

In this article, Sheetal Sharma of KIIT law school discusses how to report instances of racial discrimination at temple, markets, shops, office, university and other social places.

“Some people carry their honour in a flag,

And of their nationality they brag.

They feel superior and they differentiate,

And against those who are different they discriminate.”

– Francis Duggan

Introduction

In India, racial discrimination has a long history. People from the very ancient time was being discriminated on the basis of caste and race, who are regarded as untouchables till now, in most of the villages of our country. It is not always in regard to the colour but, based on any kind of difference which distinguishes them from the rest of the society. Although, India has been recognised as a secular state in the preamble, and follows the slogan of ‘Unity in Diversity’ the same is not followed accordingly. The people from Northeast India are discriminated because they have different looks. Many foreigners have also faced discrimination on the basis of colour especially the people from South Africa.

Whom to report the instances of racial discrimination?

Filing complaint with the police

The person facing discrimination can report the instances to the police directly by the filing of an FIR. The police will then take the necessary actions as provided under Criminal Procedure Code.

How to file a police complaint?

If you have been a victim of racial discrimination, you should directly approach the police for this. A criminal case can be filed as per the procedure laid down.
First of all, one can file an FIR at the police station about the instances of the crime. The police officer will prepare a detailed document upon the information received.
After hearing and noting the information, he can direct you to the District Magistrate for further action.
FIR can be filed by the victim himself or anyone who has knowledge of the crime.
Filing of FIR requires no charges to be paid. So, any information regarding the offence can be filed with the police.

One can also go to an attorney to know his rights and what are the remedies which he could avail.

Filing complaint with NGO

If police do not take any actions, it can also be filed with an NGO which works for removing such type of issues. It does not charge any fee so, anyone can freely move there for help. Online as well as offline facilities are available for filing complaint. Proper form has to be filled regarding the details of the victim, incident, relief etc. secrecy is maintained by the NGOs so anyone can file a complaint without any fear. Without involving so much legal procedure one can save his time and money.

Some NGOs which work for the discrimination

Navsarjan – It is an organization in Gujarat which aims ensure human rights for all. They work to eliminate discrimination on untouchability practices mostly due to cast practices. One can directly contact the phone +917926630872.
Dalit Foundation – It is situated in Ahmedabad works to eliminate caste-based discrimination and ensure equality for all. One can contact directly through phone +91-011-51640929 or through fax +91-011-51643982. Email address is [email protected], [email protected]. The information can also be secured through website www.dalitfoundation.org.
Indian Institute of Dalit Studies – It is an NGO which identifies the problems of the marginalised society. A complaint can be filed by contacting through phone 011 2625 2082 or by fax +91-1126251808. Mail regarding complaint can be sent to [email protected], [email protected].

Filing complaint with National Human Rights Commission

The complaint can also be filed with State or National Human Rights Commission. They work for violation of any kind of human rights. A detailed procedure has been laid down for filing the complaint. A victim or any person on his behalf can file a complaint.

How can a complaint be filed?

It can be filed by post, addressing National Human Rights Commission Manav Adhikar Bhawan Block-C, GPO Complex, INA, New Delhi-110023.
Through email, [email protected] (general)/ [email protected] (for complaints). through fax (011) 23386521 or any other mode.
One can also contact by phone on the number +91 9810298900. Facility for filing online complaint has also been provided by clicking on the link http://164.100.51.57/HRComplaint/NewHRComplaint.aspx

No fee is charged for filing any complaint. The complaint filed should clearly state the name, age, religion of the victim. It should mention the State or the place where the incident happened and contain the date of the occurrence of the event. After filing of the complaint, the Human Rights Commission inquire about the complaint. The format has been laid down on the website which can be downloaded from the link http://nhrc.nic.in/Documents/Compformat.pdf.

Anti-discriminatory laws and constitutional safeguards

The Constitution of India under Article 14 guarantees right to equality for every citizen of India. Article 15 clearly states that no discrimination should be done on the ground of religion, race, caste, sex or place of birth. Article 16 gives the power to make special reservation for the people of backward classes.

A recent bill introduced by Shashi Tharoor i.e. Anti-Discrimination and Equality Bill 2016, which aims to ensure equal protection against all such discrimination that exists in our society. It basically broadens the scope of discrimination to protect individuals and groups whose rights are being violated on the ground of discrimination. The bill if passed can affect the lives of thousands of people in a positive manner.

The Delhi High Court was asked by the Ministry of Home affairs to regulate and strengthen the laws which deal with racial discrimination. For this, it has been thought to insert new section 153(A) in the Indian Penal Code which punishes for discrimination on the ground of race, colour, caste etc. the scope of this section has been widened and punishes the promotion of disharmony, ill-will or feelings of hatred towards any religious groups and provides for punishment up to three years, or with fine, or both.

Law Commission suggestions regarding hate speech

Law Commission of India in its 267th report has submitted about “hate speech.” According to the Law Commission of India, hate speech incites 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 written, spoken or signs or representation. It has also suggested introducing new sections in regard to address such issues.

“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”.

International conventions on racial discrimination

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is an international human rights treaty which was adopted by the United Nations to eliminate racial discrimination at every level. It widely covers the rights of all the people and tends to eliminate the discrimination on the ground of colour, descent, race and origin.

The state ratifying the convention needs to follow some rules

The state should not engage in any act or practice which leads to racial discrimination against any individual or group of person. It should also ensure that the public authorities and the institutions also follow the same.
The state should ensure that it does not sponsor, defend or support any kind of racial discrimination either by itself or through any organisations.
It should review the policies introduced by any government or local authorities and should amend or repeal any laws which encourage racial discrimination.
To take every necessary step to stop racial discrimination by any group or organisation.
To safeguard effective and practical protection and provide remedies to the victims of racial discrimination.
It should take measures which are necessary so that the victims or disadvantaged groups can avail equal access to the rights, opportunities and freedom.
To fight against the preconception of the society regarding racial discrimination and eliminate it through imparting education and information.

Restaurants reserving rights on admission

Most of the restaurants deny entry to the people on the ground of race, caste, religion etc. Even the foreign African tourists are denied to enter inside. They put a sign-board outside their restaurants as ‘Right of Admission Reserved.’ Although under The Civil Rights Act of 1964, restaurants are prohibited from discriminating and denying entry but, there is no expressed provision regarding this. So, restaurant owners easily practice discrimination and make their own rules regarding entry because they are private restaurants and do not come under the purview of the State under Article 12 of the Constitution. So anyway it is legal. But, at the same time, any discriminatory act by the restaurant owners are subject to complaint against any unlawful discrimination practiced by them. They often argue that they serve to a particular class of people and a person with different attire or wearing a chappal can be denied entry because it discomforts other guests.

Education Institution denying you admission? What to do?

It is totally illegal to deny admission on the ground of caste, sex, religion, place of birth, race etc. because it is expressly prohibited under Indian Constitution. If you are denied admission on the ground of above-mentioned, you can file a police complaint as your fundamental rights are violated. After filing FIR, the police can direct your case to the court. You can also file an online complaint with the Education Department and report the instances thereby.

How non-racial are the Indian Workplace?

Workplace consists of people of different cultures, castes, sex etc. There are many instances reported where people admit that they have been a victim of racial discrimination at the workplace. Any employee gets treated in an unfavourable way because of his gender, disability, religion, place of origin etc.

Discrimination faced by the employees

When a particular employee is denied certain benefits.
Payment of different salaries to equally-qualified employees.
Discriminating when giving certain leave.
Discrimination while promotion.
Excluding potential employees from work.

These are the few examples where employees are discriminated at the workplace. It is illegal to discriminate at the workplace. It has been stated in the Constitution to provide equal opportunity to all. But, the same does not take place. Employers have a duty to promote an environment of anti-discrimination at the workplace and if they are found promoting such kind of instances, they can be held liable.

Temple Mahant and priest not denying you entry stating you belong from a lower caste – What can you do?

This scenario is not new. We have heard of such instances from the very ancient times where people have not been allowed to enter into the temple. The practice is still continuing in modern society. The Scheduled Castes and Scheduled Tribes are considered as untouchables. According to the temple priest, their touch would make the goddess impure. Despite making provisions in the Constitution for abolishing untouchability, it has not been stopped. If such type of instances happens, then the victim can directly go to the police and lodge an FIR because it is a violation of the fundamental right. There are various NGOs who work for the upliftment of the Dalit society and complaints can be filed with them. Further action will be taken against the priest for exercising such kind of practices.

Conclusion

India has been ranked among the highest racist countries of the world. The present scenario is that even our own citizens face discrimination and are frightened to move freely in their own country. There are villages where the people of backward classes are not even allowed to worship their god in the temple as they will make it impure. The question is who gave them the right to exclude other if the Indian Constitution expressly provides equality to all its citizens? This happens because there is no expressed law to deal with racial discrimination. Every year we celebrate Independence day but, are the citizens really free? Its high time to think, unite and work so that no discrimination on the basis of race, culture, place of birth etc. happens. One can immediately approach the police, NGO or Human Rights Commission if faced any kind of discrimination.