By Vatsal Patel
India is perhaps the only country where the constitutional guarantee of non-discrimination is not backed by a comprehensive legislation. While Article 15(1) of the Indian Constitution posits a mandatory duty upon the State to not “discriminate against any citizens on grounds only of religion, race, caste, sex, place of birth or any of them” (Vertical Anti-Discrimination); Article 15(2) places a similar obligation upon Indian citizens, to not discriminate against fellow citizens, in terms of granting them access to public-spaces (Horizontal Anti-Discrimination). These articles are in addition to a discrimination-free commitment in public-employment under Article 16(2) and a broad guarantee of a right to equality under Article 14.
Continue reading “Why India’s Constitutional Guarantee of Anti-Discrimination is Not Enough?”
By Debadrita Chakraborty
Indian immigrants fail to acknowledge their complicity in injustices both in India and America. Here’s why.
The Black Lives Matter (BLM) movement is here to stay. Catalysed by one of the most heinous racial homicide of the 21st century, BLM protests have since snowballed into one of the greatest ‘domino’ resistance movement in the U.S. The sustained nature of the movement and its organised approach towards decolonising the Global North’s white washed history and curriculum have resonated with other minority and racially targeted communities who have expressed solidarity by not only dissenting against institutional racism and police brutalities but also reflecting on their own complicity in anti-black racism. However, one of the most visible and prominent minority group that has remained relatively apolitical in a deeply political time despite its history of colonial oppression and state sanctioned hostile policing is the Indian migrant community in America.
Continue reading “‘The Model Minority’: a Hinderance to the Pursuit of Justice”
By Anmol Ratan
History bears testimony to the fact that unlike most of the world, India is not new to practice of social distancing. Maintaining social as well as physical distance has been historically entrenched in various form of isolation by the upper castes in the Hindu social order ever since the Vedic times[i]. Based on the religion of Hinduism and its scriptures, social distancing, which today is claimed to be the only curative measure for COVID-19, has always been used as a socially-sanctioned weapon of mass social disruption and collective discrimination against the lower castes and Dalits in the Indian subcontinent. It has been a part of India’s unjust history and continues to be a reality even in India’s fight against coronavirus.
Continue reading “How casteist is the Coronavirus pandemic? “
By Sahajveer Baweja
Our guest contributor is currently a 3rd-year B.A.LL.B. student at Rajiv Gandhi National University of Law, Patiala, India.
Recently, Sudan has made a landmark move by amending its Criminal Code and penalising the archaic practice of Female Genital Mutilation (FGM) making it punishable by three years of imprisonment. FGM as a practice stems from the social customs of a girl’s tribe or ethnic group and aids to define her in the context of her community. The practice of FGM is widespread in 28 African countries especially in Sudan where 87% of the Sudanese women have been its victim. Statistically, almost 100 to 140 million women in Africa have undergone the ritual of FGM in the last 50 years. Moreover, such practice of FGM has been traced in a few minority groups in Asia and Middle East Countries as well, but the chances of occurrence there are less and very limited because of strong penal provisions.
Continue reading “Outlawing the Practice of ‘Female Genital Mutilation’ in Sudan: An advanced step towards preaching health as a Human Right”