Anti-discrimination law at national level?
1. Article 14, 15, 16, 17 and 18 of Constitution of India
2. Caste Disabilities Removal Act, 1850
3. Hindu Succession Act, 1956 – Abolished the "limited owner" status of women who owned property, amended in 2004 to give daughters equal inheritance rights with sons.
4.Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989
Constitutional (74thAmendment) Act, 1992, brought in provisions mandating one-third reservations for women in local governance bodies. These guarantees apply to state and public institutions. The only provision that binds both the public and the private sector is Article 17 which outlaws untouchability and forbids its practice in any form.
Part IV of the Indian Constitution enlists socio-economic and cultural rights under the title of ‘Directive Principles of State Policies’ (DPSP). While the DPSP, unlike the fundamental rights, are not enforceable, these rights are meant to guide the state while legislating and policy making.
The Supreme Court and the High Courts under Article 32 and 226 respectively, have the power to enforce constitutional guarantees of fundamental rights. This Right to Constitutional Remedies is itself a fundamental right.
Other than mechanisms provided under these laws, India has instituted statutory commissions to protect human rights such as the National Human Rights Commission and the National Commission for Women. These commissions have been vested with the function of inter alia monitoring and reviewing state action and making recommendations for better enforcement of human rights and women’s rights. However, theyhave their limitations. Their recommendations are not binding upon the government and they have no power to redress individual grievances and grant relief.
