A law against discrimination, often suggested, not yet drafted

Though the Constitution, under its Article 15 (1), promises non-discrimination, there is no legislation to penalise offenders, say experts.

Recent reports of some citizens belonging to the Muslim community being denied jobs and accommodation because of their religion have once again highlighted the absence of an anti-discrimination law in the country. Though the Constitution, under its Article 15 (1), promises non-discrimination, there is no legislation to penalise offenders, say experts.

A committee appointed by the Centre, as also one set up by the Maharashtra government, to analyse the socioeconomic status of Muslims in India has spoken about the need for an anti-discrimination law.

“Non-discrimination is a promise made in the Constitution of India… These constitutional promises against discriminatory acts require legislative backing in the form of anti-discrimination laws, and these must be extended to private and non-state spheres as well,” the Amitabh Kundu-headed Post-Sachar Evaluation Committee had said in its report. The committee submitted its recommendations to the Union government in September 2014.

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A similar suggestion was made by the Dr Mahmood-Ur-Rahman Committee appointed by the Maharashtra government to look into the status of Muslims in the state. “The Constitution assures non-discrimination but the existing laws do not punish an offender for such behaviour. There are procedural problems with the existing laws and there is a need for the country to bring in an anti-discrimination law for all sections of society,” says Dr Mahmood-Ur-Rahman.

Article 15 (1) says, “The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.” And Article 16 (1) says, “There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.”

Employees of Hari Krishna Exports, accused of denying employment to a Muslim youth because of his religion, were booked under section 153 B (1) (b) (c) of IPC. The section is invoked in cases where a person is denied any right as a citizen on the basis of race, religion or caste.

Experts have said the existing rules cover specific aspects of equality and there is a need for an all-encompassing discrimination law covering all sections. Some experts, on the other hand, feel the Indian system does allows anyone who feels discriminated against to seek legal recourse. “Our existing system allows an individual to file a writ in the court… The need for an anti-discrimination law is based on the strength of your Constitution and we have a very robust Constitution,” says lawyer Majeed Memon.

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