RACIAL AND ETHNIC DISCRIMINATION IN INDIA: A SOCIO-LEGAL ANALYSIS WITH SPECIAL REFERENCE TO NORTH-EAST COMMUNITIES

AUTHOR – ADV. SAKLA JAMATIA* & PRIYANKA TRIPURA**

* B.A. LL.B. (TRIPURA GOVT LAW COLLEGE) AND LL.M (CRIMINOLOGY) NATIONAL LAW UNIVERSITY, TRIPURA.

** B.A. LL.B. (TRIPURA GOVT LAW COLLEGE), LL.M (CRIMINOLOGY) NATIONAL LAW UNIVERSITY, TRIPURA AND ASSISTANT PROFESSOR AT DHAMMA DIPA INTERNATIONAL BUDDHIST UNIVERSITY, TRIPURA.

BEST CITATION – ADV. SAKLA JAMATIA & ASSISTANT PROFESSOR PRIYANKA TRIPURA, RACIAL AND ETHNIC DISCRIMINATION IN INDIA: A SOCIO-LEGAL ANALYSIS WITH SPECIAL REFERENCE TO NORTH-EAST COMMUNITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 69-80, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I98

Abstract

It’s a well-established that a racial and ethnic discrimination has occur in our country. Despite the constitutional ensuring of equality, dignity and fraternity in India, the problem of racial and ethnic discrimination still exists in our society. People from the Scheduled Tribes, North-East and minority groups often experience racial abuse in schools, workplaces, public places, and online platforms, and are often subjected to hate speech, discriminatory treatment, stereotyping and violence. This paper attempts to critically analyse the socially legal aspects of racial and ethnic discrimination in the context of the communities of the North-East India. The paper examines the constitutional protection granted by the Constitution of India and the statutory protection under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Protection of Human Rights Act, 1993 and the Information Technology Act, 2000. The study also examine the response of our judiciary system, National Human Rights Commission (NHRC) and the recommendations of the Bezbaruah Committee in the redressal of racial discrimination and safeguarding of the vulnerable communities. It also considers India’s international responsibilities with regard to instruments such as the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Universal Declaration of Human Rights (UDHR), ICCPR and ICESCR. The ongoing lack of legislation enforcement and social awareness is highlighted by recent reports of racial violence and harassment against people from the North-East region. This paper analyse that India has a wide constitutional and legal framework to prevent discrimination but a lack of a comprehensive anti-racism legislation has made protection and redressing the victims ineffective. The proposed Bill on Anti-Racism and Equality, 2026 is discussed as a forward-looking measure to promote institutional accountability, to protect the victims and for social equality. A stronger legal enforcement, public sensitisation, educational reforms and policy intervention are required to make the constitutional vision of “Unity in Diversity” a reality, concludes the study.

Keywords: Discrimination, Constitutional Provision, Statutory Laws, Judicial response, International Law, North East Communities.