Racism and the Indian Constitution

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The killing of George Floyd, an African-American in Minneapolis by a white police officer has sparked a series of anti-racism protests in the United States. The ripples of the protests have reached all around the world, including India where most of the public has thrown their weight behind the movement. 

India’s Biases 

This support by Indians, albeit compassionate, is tainted with hypocrisy and dishonesty. India itself has a vast history of scathing racism that is not limited to color bias. Indians discriminate against minorities based on their gender i.e. the women and Homosexuals in domestic and workplaces. Indians discriminate based on religion vis-à-vis Muslims and Christians, discriminate on the grounds of caste when it comes to Dalits, and we also discriminate based on the color of skin like North Indians’ prejudice against South Indians and vice versa.

Discrimination in India is also based on the place of birth and the ethnicity of the individual. Like against North-Easters, who are called “chinki” and other derogatory names, and against African Nationals who are widely called “Nigerians” and “Kalu” in almost an abusive way and the list can go on all day. These prejudices and biases are not new and have their roots deep into the books and verses that we consider as ‘sacred’. 

Even two centuries of Colonial rule that united every Indian against a common enemy, couldn’t free us of our biases and only left us more divided. It was these scathing prejudices that the makers of our Constitution sought to abolish in an Independent India, and they did so to a large extent, with Article 14 and Article 15 of the Constitution. These are not only the foundations of our democracy but also our society, and there could be no better time to revisit them. 

Article 14 

Article 14 of the Indian Constitution states – “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 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth”

Article 14 is an embodiment of equality which has been provided in the Preamble. The expression ‘equality before law’ is a negative concept that imposes a duty on the State to abstain from discrimination. The term ‘equal protection of law’ is based on the 14th Amendment of the Constitution of the United States. It directs the state to provide equal protection of the law to all the people of India for the enjoyment of their rights without any privileges or favoritism towards any person.

This is a positive concept for it implies a responsibility on the State to take action for ensuring this right to all the citizens and a duty to bridge between inequalities in the state. Under Article 14, there is an absence of any special privilege to any particular group of people, and regardless of their rank, every person is subject to the same provisions of law. Therefore, in India, no person is above the law of the land/lex loci and all have to abide by it. 

Article 15 

Clauses (1) and (2) of Article 15 of the Indian Constitution state – “Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth” 

The clauses are as follows:

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”

The first clause ensures safety and better conduct against the State’s discrimination on the grounds of religion, race, caste, sex, place of birth, or any of them. Thus, any law discriminating on any one of these grounds would be rendered void.

Clause (2), on the other hand, relates to State as well as private actions. It prohibits class discrimination and guarantees to the citizens, equal access to various places of public and private sectors. Besides, the word ‘caste’ seeks to improve the Hindu social system by abolishing several social evils; while on the ground of ‘race’, discrimination is completely prohibited at a public place. 

The Indian Penal Code on Discrimination 

Section 153A of the Indian Penal Code (IPC) intends to punish persons who indulge in wanton vilification or attacks upon the religion, race, residence, language, place of birth, etc of any particular group or class or upon the founders and prophets of a faith. The offense is categorized as a cognizable offense and the punishment for the same may extend to three years, or with fine, or with both. However, if the offense is committed in a place of worship the punishment increased up to five years and a fine.

Moreover, since 2015, new sections 153C and 509A of the IPC are under examination and will be introduced in the law to take matters of racial discrimination more seriously. Under the propounded section 153C, any words, both written or spoken, or any signs or gestures attempting to discriminate based on race, or indulging in any activity intended to use violence or criminal force against a particular race will be a non-bailable offense punishable with imprisonment of up to five years and a fine.

In addition to section 153C, Section 509A will make any word, gesture, or act intended to insult a member of a specific race lead to imprisonment that may extend to three years with a fine. 

Conclusion


In State of Kerala v. N.M. Thomas, (1976) 2 SCC 310, a new concept of equality was introduced. It stated that Articles 14 and 15 are considered equality rights and the essence of these rights is to achieve real equality. In Thomas’ case it was established that the government had a positive duty to eradicate inequalities from society and to provide everyone with equal opportunities which can create an unbiased platform to exercise human rights and claims.

Along with the government, it is the responsibility of us citizens to fight these malign social problems and promote equality for the better. Along with supporting the anti-racist movements of the world, it is imperative for us as a society to work towards eradicating the age-old racism that exists in India. The lessons from the vision of the forefathers of our nation is one to adopt and follow.

Written by - Rudransh Khurana 

Edited by - Arnav Mehra