CERD Review Of India: Human Rights And Caste Discrimination

Caste Discrimination In India

Source: The Hindu
GS I: Indian Society

---

Why in the News?

The UN Committee on the Elimination of Racial Discrimination (CERD) has reviewed India for the first time since 2007.

News in Brief

---

• CERD expressed “grave concern” over reports of violence and discrimination against minority ethnic and ethno-religious groups, dalits and non-citizens.
• India ratified the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) in 1968.
• India has argued that caste discrimination falls outside the Convention, as caste is distinct from race.
• However, CERD has interpreted discrimination based on descent or inherited status more broadly.

CERD and International Convention

---

• The Committee on the Elimination of Racial Discrimination (CERD) is the United Nations body that checks how countries follow the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).
• The Convention (ICERD)- A global treaty aiming to stop unfair treatment based on race, skin color, family background, or national and ethnic roots.
• The Committee (CERD)- A group of independent experts that reviews reports from countries to see how well they stop racial discrimination.
• India officially joined and accepted the treaty in 1968.

Key Highlights from CERD Review

---

Caste Discrimination

• India has maintained that caste discrimination does not fall within Article 1 of ICERD, as caste and race are distinct categories.
• However, CERD has adopted a broader interpretation of discrimination based on descent or inherited status, enabling it to examine discrimination arising from caste and other inherited social hierarchies.
• The issue highlights the broader debate between India’s constitutional approach to caste-based affirmative action and international human-rights standards.

Concerns regarding law-enforcement

• CERD also expressed concern over reports of violence and discriminatory treatment by law-enforcement authorities against Dalits, ethnic and ethno-religious minorities, non-citizens and other vulnerable groups.
• The Committee further noted the lack of updated and detailed information on investigations, prosecutions and sanctions, making it difficult to assess the effectiveness of accountability mechanisms.

Manual Sewer Cleaning

• The continued practice of manual sewer cleaning and hazardous sanitation work, despite legal prohibition, points to a gap between legislation and its implementation.
• The issue is closely linked with caste-based occupational practices, human dignity, social exclusion and socio-economic vulnerability, highlighting the need for stronger enforcement as well as rehabilitation and alternative livelihood opportunities.

Citizenship and Electoral Rights

• The committee also raised concerns relating to citizenship and political participation, including the alleged exclusion of vulnerable groups through the National Register of Citizens (NRC) and large-scale deletions during Special Intensive Revision (SIR) of electoral rolls.
• These developments have wider implications for citizenship rights, political representation, equality before law and democratic participation.

Hate Speech

• CERD has also drawn attention to the legal framework dealing with identity-based hate speech, noting that the Bharatiya Nyaya Sanhita does not expressly recognise racist hate speech as a separate offence.
• This has renewed discussion on whether existing laws are adequate to address casteist, racist and other forms of identity-based incitement, while maintaining the constitutional protection of freedom of speech.

Civil Society and Human Rights

• Concerns were also raised over the
  • Foreign Contribution (Regulation) Act (FCRA),
  • Unlawful  Activities (Prevention) Act (UAPA), Armed Forces (Special Powers) Act (AFSPA)
  • Prevention of Money Laundering Act (PMLA)

and their impact on civil society and human-rights organizations.

• While these laws serve important objectives relating to national security, financial regulation and public order, their implementation needs to remain transparent, proportionate and consistent with fundamental rights, so that legitimate civil-society activities are not unnecessarily restricted.

National Human Rights Commission

• The NHRC is India’s key statutory institution for protecting and promoting human rights.
• Its role is particularly important in cases involving vulnerable communities, custodial violence, discrimination and other alleged rights violations.
• However, concerns over its independence, composition and institutional effectiveness have gained attention following the recommendation by the Global Alliance of National Human Rights Institutions (GANHRI) to downgrade India’s NHRC accreditation.
• Strengthening the autonomy and credibility of such institutions is essential for ensuring effective domestic accountability and access to justice, while also reducing the need to rely on international mechanisms for scrutiny.

Data Deficit and Accountability

• A key concern highlighted by the issue is the lack of timely, reliable and disaggregated data on vulnerable and disadvantaged communities.
• Data classified across factors such as caste, tribe, gender, religion, ethnicity, citizenship status and socio-economic conditions is important for identifying patterns of inequality and assessing whether government policies are reaching those who need them most.
• The delay in conducting the Census and the slow availability of some NCRB data further complicate this assessment.
• In the absence of updated data, it becomes difficult to determine whether the socio-economic conditions of vulnerable groups are improving or worsening and whether existing welfare and affirmative-action measures are producing the desired outcomes.
• Thus, reliable disaggregated data is essential for moving from identifying inequality to designing targeted policies, monitoring their implementation and ensuring accountability.
• Without such evidence, independent assessment of the government’s progress in addressing caste- and faith-based discrimination remains limited.

Constitutional and Legal Framework in India

---

India already has a strong constitutional foundation for combating discrimination.

Fundamental Rights

• Article 14 – Equality before law and equal protection of laws.
• Article 15 – Prohibition of discrimination on specified grounds and enables special provisions for disadvantaged groups.
• Article 16 – Equality of opportunity in public employment and provisions for reservation.
• Article 17 – Abolition of untouchability.
• Article 21 – Protection of life and personal liberty, including the broader principle of dignity.

Directive Principles

• Article 46 directs the State to promote the educational and economic interests of weaker sections, particularly Scheduled Castes and Scheduled Tribes, and protect them from social injustice and exploitation.

Major Laws and Measures

---

India has enacted several measures to address discrimination and exclusion,

• Protection of Civil Rights Act, 1955
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
• Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
• Constitutional reservations for SCs and STs
• Various welfare and affirmative-action programmes.

The challenge therefore lies less in the absence of legal provisions and more in their effective implementation, enforcement, and monitoring.

Way Forward and Conclusion

---

India needs to move beyond legal provisions towards effective implementation and institutional accountability. Going forward, the government should focus on strengthening the NHRC, enforcing laws against caste discrimination, manual scavenging and hate speech, improving Census, NCRB and disaggregated data, and ensuring transparency in electoral roll revisions.

Civil society should also be allowed to function freely within a lawful framework. Ultimately, bridging the gap between constitutional guarantees and ground realities is essential to uphold equality, dignity and social justice for all.

UPSC Prelims and Mains Practice Question

---

With reference to discrimination and constitutional safeguards in India, consider the following statements:

1. Article 17 of the Constitution abolishes untouchability and forbids its practice in any form.
2. Article 46 directs the State to promote the educational and economic interests of weaker sections, particularly Scheduled Castes and Scheduled Tribes.
3. The Protection of Civil Rights Act, 1955 deals with the enforcement of constitutional provisions relating to untouchability.
4. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 provides safeguards against atrocities committed against members of SCs and STs.

Which of the statements given above are correct?

(a) 1 and 2 only
(b) 1, 2 and 3 only
(c) 2, 3 and 4 only
(d) 1, 2, 3 and 4

Answer: (d) 1, 2, 3 and 4

Mains Practice Question

Q. India possesses a comprehensive constitutional and legal framework against caste and identity-based discrimination, yet implementation gaps continue to undermine substantive equality. Discuss. (250 words)

---

Daily Current Affairs: Click Here

Rate this Article and Leave Feedback