Anti-Discrimination Bill Project

The Anti-Discrimination and Equality Bill 2017 (as advised by Dr Tarunabh Khaitan) was introduced in 16th Lok Sabha on 10 March 2017, and lapsed with its dissolution. The Bill was an effort to respond, among several other events, to Rohith Vemula’s tragic suicide, which had put the need for an antidiscrimination legislation back on the political agenda. Prof Khaitan has since drafted a state-level proposal for a Kerala Anti-Discrimination and Equality Bill 2021. All these drafts have been formulated over a period of 8 years, after multiple workshops, debates, discussions, and exchanges with scholars, activists, advocates, politicians, and members of the public. Obviously, these consultations were limited by the resources an individual can muster. The Bills should therefore be seen as a discursive starting point in the conversation on the nature of anti-discrimination laws India should adopt, rather than the final word. Needless to say, as and when any government officially takes up the initiative, it should painstakingly follow norms of democratic consultation and deliberation before any enactment.

India is amongst the few regimes with a constitutional commitment to a liberal democracy that nevertheless lack a comprehensive, multi-ground, antidiscrimination legislation. It seeks to realise Dr Ambedkar’s vision of a discrimination-free India. The Bhopal Declaration issued in 2002 seeking to chart a new course for Dalits welcomed ‘winds of change the world over’ towards inclusion and diversity and against discrimination. A conversation on the need and shape of an antidiscrimination law began after the Sachar Committee recommended it in 2006. While the UPA government did briefly consider setting up an Equal Opportunity Commission, the idea was quietly buried. Antidiscrimination law remains a key demand of groups representing women, gays, lesbians, transgendered persons, and persons living with disability. The policy debate on an antidiscrimination law has been going on for over a decade. It is hoped that the existence of a draft Bill will give concrete shape to this conversation and draw attention to details. A copy of the Bill, as presented before Parliament, can be downloaded from the link at the bottom of this page. Original versions of central and state Bills, as Dr Khaitan drafted them after consultation with multiple stakeholders and experts, are also attached.

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