Racial Discrimination

Context

The Home Ministry has proposed to amend the law to insert two stricter anti-racial discrimination provisions in the Indian Penal Code
Lukewarm response from the States.

States and UT’s agreed to the proposal:

Uttar Pradesh, Manipur, Meghalaya and Mizoram
Three Union Territories — Andaman and Nicobar, Dadra and Nagar Haveli, and Lakshwadeep.

What is the proposed amendment?

The Home Ministry has proposed to amend two provisions in the IPC, that is, Section 153A and Section 509A.
These are proposed to be inserted into the IPC sections.

Why states consent is necessary?

The proposed matter comes under the Concurrent List.
The opinion of majority of the States was required to push through the legislation.

Panel recommendations

The proposed amendments were based on the recommendations of the Bezbaruah Committee, constituted by the Centre in February 2014 in the wake of a series of racial attacks on persons belonging to the northeast.

Draft 153 C IPC says:

Whoever promotes or attempts to promote, on the ground of race, racial features, behaviour, culture, customs or way of living, any act which is prejudicial to human dignity or dignity of members belonging to particular race and uses criminal force or violence in furtherance of such act, or, participates in such act intending to use criminal force or violence or knowing that participants in such act is likely to use criminal force or violence against the member of a race or cause or likely to cause fear or feeling of insecurity amongst the members of such race, shall be punished with imprisonment for a term which may extend to five years and fine.

Section 509A IPC:

509A seeks to make any word, gesture or act intended to insult a member of a particular race with imprisonment that may extend to three years with fine.

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