Discrimination on basis of Skin Color and Religion is it punishable

802 votes

Answer:-

Yes, there is remedy.
One can proceed legally against the Govt. Officials by way of criminal complaint / approach the Honourable High Court of Kerala.

1. Principle of equality and non-discrimination

“Principle of equality and non-discrimination” is one of the main fundamental principles recognized and applied by the state in the form of rules relating to juvenile Justice made by the Central Government by virtue of the powers contained in the Juvenile Justice Act, 2000.
This Principle is equivalent as that of the Security Clause contained in the Constitution of India.

Part 1 of the principle strictly prohibits the discrimination of the juvenile on any of the following grounds. It includes the following grounds based on which no discrimination is permissible. They are – “basis of age, sex, place of birth, disability, health, status, race, ethnicity, religion, caste, cultural practices, work, activity or behaviour of the juvenile or child or that of his parents or guardians, or the civil and political status of the juvenile”.

Part 2 of the Principle mandates the State to promote Equality in the following
matters for the purpose of doing complete justice to the Juvenile. They are – “Equality of
access, equality of opportunity, equality in treatment under the Act shall be guaranteed to
every child or juvenile in conflict with law.”

2. Article 15 of Indian Constitution

Protection from discrimination is the one enshrined by Art. 15 of Indian constitution; and comes within fundamental rights of a citizen.
The Article states “ the state shall not discriminate against any citizen on the ground only of religion, race, caste, sex, place of birth or any of them”

Nobody can act contrary to the rights conferred and provisions as enshrined by the constitution of India.

This be so, one can also directly approach the Honourable High Court under Art. 226 in the case of violation of this right. Moroever, the wrong doers in this specific being Govt. officials, done during the conduct of their duty, this step will be more appropriate.

3. Section 153 C of the Indian Penal Code
Section 153C makes punishable the use of violence on grounds of race or place of origin, on basis of racial behaviour or culture, customs or practices. It will be a non-bailable offence, which, if proved, could land a person in jail for five years with a fine.
So a criminal complaint could be initiated on the basis of this also.

Advocate R. Madhuraj LawRato