Abstract

One significant weakness in India's criminal justice system is the lack of a particular anti-racism penal statute. Although the Indian Constitution guarantees equality and forbids discrimination on the basis of race, especially under Articles 14 and 15, there isn't a complete legal framework that makes hate crimes and racial discrimination illegal. The complexity and lived realities of racial discrimination, particularly against marginalised communities like people from Northeast India and African nationals, are not sufficiently captured by current legal provisions, such as Section 153A of the Indian Penal Code, which addresses hate speech and communal discord. This essay analyses judicial responses in the absence of explicit legislation, critically examines the structural gaps in Indian criminal law regarding racism, and assesses the function of constitutional interpretation One significant weakness in India's criminal justice system is the lack of a particular anti-racism penal statute. Although the Indian Constitution guarantees equality and forbids discrimination on the basis of race, especially under Articles 14 and 15, there isn't a complete legal framework that makes hate crimes and racial discrimination illegal. The complexity and lived realities of racial discrimination, particularly against marginalised communities like people from Northeast India and African nationals, are not sufficiently captured by current legal provisions, such as Section 153A of the Indian Penal Code, which addresses hate speech and communal discord. This essay analyses judicial responses in the absence of explicit legislation, critically examines the structural gaps in Indian criminal law regarding racism, and assesses the function of constitutional interpretation.

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