Kanoon SamjhoIndian law, made simple
Constitution

Can anyone discriminate against me because of my caste, religion or gender?

Simple answer

Not the government — it cannot treat you differently because of religion, race, caste, sex or place of birth. Untouchability is a crime for everyone, and shops, hotels and public places cannot turn you away on these grounds. Other private discrimination is illegal only where a specific law covers it.

Real-life examples

Lakshmi, a Dalit woman, is stopped from taking water from the village's public tap because of her caste. This is untouchability — a crime under the Protection of Civil Rights Act and the SC/ST Atrocities Act. Police must register her FIR.

Fatima applies for a clerk post in a government department. The department rejects all women for the job without any legal reason. This breaks her right to equal opportunity in government jobs (Article 16), and she can challenge it in the High Court.

Joseph is not hired by a private company because of his religion. The Constitution's equality rights mainly bind the government, and no general law covers this in private jobs. But if he were paid less or refused because of gender, the Code on Wages would protect him.

What should you do?

  1. 1Call 112 at once if you are being threatened or attacked.
  2. 2File an FIR for untouchability or a caste atrocity. Under the SC/ST Atrocities Act, police cannot delay it for a 'preliminary enquiry'.
  3. 3If police refuse, send a written complaint to the Superintendent of Police. You can also write to the National Commission for Scheduled Castes or for Scheduled Tribes.
  4. 4For discrimination by a government office, school or scheme, complain in writing to the head of the department, then consider a writ petition in the High Court.
  5. 5Call 15100 for free legal aid — SC/ST members and women get it whatever their income.

Exceptions & limits

  • Special measures for women, children, SC/ST, backward classes and economically weaker sections, such as reservations, are allowed and are not discrimination.
  • The SC/ST Atrocities Act applies only when the victim is SC/ST and the accused is not.
  • Caste insults are crimes under the Atrocities Act only if made 'within public view'. An insult inside a closed home with no outsider present may not qualify, though other laws may still apply.

Official legal reference

  • Constitution of India — Articles 14, 15

    Equality before law; no discrimination by the State on religion, race, caste, sex or place of birth, including access to shops, hotels and public places.

    Read the official text

  • Constitution of India — Articles 16, 17

    Equal opportunity in government jobs; untouchability is abolished and enforcing it is a punishable offence.

    Read the official text

  • Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Sections 3, 18A

    Makes listed atrocities against SC/ST persons crimes; the FIR needs no preliminary enquiry and arrest needs no prior approval.

    Read the official text

  • Protection of Civil Rights Act, 1955 — Sections 3, 4

    Punishes enforcing untouchability, such as barring someone from a temple, shop, hotel or water source.

  • Code on Wages, 2019 — Section 3

    Employers cannot discriminate by gender in pay, hiring or work conditions for the same or similar work.

    Earlier: Equal Remuneration Act, 1976Read the official text

Where to get help

Emergency (ERSS)

Police, fire or ambulance in an emergency, anywhere in India.

Call 112

NALSA Free Legal Aid

Free lawyer and legal advice for eligible people through Legal Services Authorities.

Call 15100nalsa.gov.in

National Human Rights Commission

Complaints about human rights violations, including custodial abuse.

nhrc.nic.in

Source & status

Applies to
All of India
Law in force since
26 Jan 1950
Legal review
Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.

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