In a recent incidents of 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.
According to experts, such cases mostly happens with Muslims and lower caste people, though the Constitution, under its Article 15 (1), promises non-discrimination, there is no legislation to penalize offenders.
Article 15 (1) says, “The State must not discriminate any citizen on the grounds of religion, race, sex, caste, place of birth or any of them.” And Article 16 (1) says, “There shall be equal opportunity for all citizens in matters relating to employment or appointment to any office under the State.”
A committee appointed by the Centre to analyze the socioeconomic status of Muslims in India has spoken about the need for an anti-discrimination law. A similar suggestion was made by the Dr Mahmood-Ur-Rahman Committee to look into the status of Muslims in the state, appointed by the Maharashtra govt .
“The Constitution assures non-discrimination but the existing laws do not punish the wrongdoer for such behavior. 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.
“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 in September 2014.
Some experts, on the other hand, feel the Indian system allows anyone who feels discriminated 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 a lawyer.