Open Access Research Article
POLICING PREJUDICE: A CRITICAL ANALYSIS OF RACIAL PROFILING AND ITS CONSEQUENCES
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Article Details
POLICING PREJUDICE: A CRITICAL
ANALYSIS OF RACIAL PROFILING AND ITS CONSEQUENCES
AUTHORED BY
- DISHA VAISHNAV
Second Year
BA. LLB.
KES’ Shri.
Jayantilal H. Patel Law College
I.
Abstract:
Racial profiling, accusing a person
of criminal activity based on race/ethnicity as opposed to actual action is a
direct violation of personal freedoms that bolsters an already complicated and
oppressive system. This article examines racial profiling as a natural
extension of law enforcement and its relationship with vulnerable populations
and the general population. Through the examination of case law, policy, and
sociological research, this article sees how racial profiling is an action
taken against BIPOC populations, compounded by selected perceptions of those
policed, which increases social violence and teaches people how to keep in
line. The goal of this article is to understand the psychological, legal, and
economic effects of racial profiling while noting how significant changes in
police practice could be beneficial. Therefore, this article will conclude with
appeals for change to police practice for equity, transparency, and social
justice for all.
II.
Key Words:
Racial Profiling, Criminal Activity,
Ethnicity, Personal Freedom, Law Enforcement. BIPOC, Social Violence, Equity,
and Social Justice.
"Injustice anywhere is a threat
to justice everywhere."
-Martin Luther King Jr.
III.
Introduction:
Racial profiling or ethnic profiling
is an action that occurs when a disproportionate number of people are observed
or stopped by police due to their race or ethnicity instead of their behaviour
or a targeted investigative claim of criminality. It is a frequent occurrence
across policing agencies in the United States and beyond.[1]
The implementation of racial or ethnic characteristics by policing agencies as
a key determinant of whether someone is involved in criminal behaviour is
counterproductive to good policing and community relations, and it is
problematic for vulnerable communities of colour. This is not only contrary to
matters of equity and fairness but is also an antiquated legacy of racism that
extends into the foundational nature of policing since modern law enforcement
was created, slave patrols in the antebellum South were among the first known
iterations of policing.[2]
Racial profiling not only comes into
play when people presume certain groups are more criminal; for example, Blacks,
Latinos, and Arabs are presumed to be more criminal than any other population
group. It creates a situation where the police stop and intervene with Black,
Indian, and Latino populations more than white individuals. For example,
studies show that Blacks only constitute twenty-eight percent of drug usage yet
receive seventy-five percent of police stops, whereas whites constitute over a
lifetime more drug usage yet are less likely to get stopped.
In addition, racial profiling affects others, leading to community issues and social tensions abound with people being emotionally distraught and embarrassed by having the police called on them for no reason other than race or assumed association with crime. Vulnerable populations become even more vulnerable as this suggests greater sociopolitical inequities faced over time by persons of colour[3]. Thus, the ramifications of racial profiling go beyond the single instance where crime is called into question, affecting the social interactions and organizational realities established through a disintegration of culture.
Such gaps between legal theory and
legal practice foster institutionalized injustices that change the lives of
at-risk communities for the worse psychologically and sociologically. For instance,
India has a complicated history of discrimination against vulnerable
populations, predominantly from Northeast India, Dalits, and indigenous
communities. Many of these injustices are related to the caste system's depth
in India and the prejudices against lower castes over the years. Yet even
India's history of imperialism provides inconsistent relations internationally
today, with xenophobic overtones of the recent pandemic increasing racially
motivated assaults on those from Northeast India (Anwesha Mohanty, 2020).
IV.
Legal Framework:
India's anti-discrimination laws
include numerous constitutional provisions like Articles 14, 15, and 17.
Article 14 establishes equality before the law and entitles all individuals to
equal protection of laws within the territory of India. Thus, this is a massive
claim to protection from discriminatory practices. Further, Article 15
prohibits discrimination on the grounds of religion, race, caste, sex, or place
of birth, meaning that no one, regardless of their background, should be
afforded less treatment under the law. Article 17 is significant for purposes
of caste-related connections because it prohibits untouchability, meaning that
persons cannot be actively excluded from society based on their caste. However,
despite these strong claims to rights and protections, the inclination to
enforce protection is often compromised by social and systemically
caste-inclined offenses. For example, the police in India are known to target
vulnerable communities like Scheduled Castes or even Tribal castes, always
cited as the recipient of legislative discrimination as well as violence. In
addition, certain vulnerable communities have called for an anti-racial
profiling law as part of an anti-discriminatory law so that there can be
accountability for officers who engage in discriminatory practices against
marginalized groups. Yet without an overarching anti-racial profiling law,
vulnerability persists for these communities. In addition, for other vulnerable
communities, there exist many agendas to render police reform through state and
local laws, but this is often undermined through lack of enforcement ability.
Thus, even if someone is granted a constitutionally derived law, the ability to
uphold such a right becomes questionable. Therefore, many activist
organizations and civil society parties advocate for a police review oversight
board to reveal discriminatory actions and punishments, but such
anti-discrimination law takes too long for reform.
V.
Historical Context:
i. Ancient era.
The historical context of racial
profiling comes from India's caste system. The caste system has been around for
millennia, emerging over two thousand years ago from ancient Hindu text foundations
that separated people based on their line of work. Eventually, it became a
hierarchical abusive system of entry and discrimination, focusing harshly on
low-caste populations like Dalits (formerly known as "untouchables")
and Adivasis (tribals)/indigenous people.[4]
ii. Pre-Independence Era
Under the British Raj, the family
regime further strengthened the caste system as Britons used the separated
nature to their advantage. Britain legitimized policies that made some castes, like
certain Brahmins, higher in social status and others chastised. This system was
compounded by later reinforcement of physical hierarchies and stigmatization.
For example, Indians were stereotyped based on how dark their skin was, which
led to negative action against those people. As such, racial profiling becomes
a tool for legitimized/justified punishment against Dalits[5]
and indigenous persons as they believe their position is beneath even the law.
iii. Post-Independence Era
Once independence reigned,
constitutional law established citizenship rights in India; untouchability was
abolished, and affirmative actions were established to give citizens more
opportunities. However, with a history of locating and politically positioning
casts against one another, marginalized communities find themselves still
discriminated against by police powers arresting them for crimes they didn't
commit or attempting to adhere to caste stereotypes based on their lineage.
Similarly, this is not an issue that's only Indian in nature, but one that many
countries have historical references and legal frameworks where racial
profiling was and is an issue. For example, in the United States, racial
profiling emerged through slavery; afterward, many municipalities employed Jim
Crow laws against African Americans and Latino populations where police would
arrest people based on race or disproportionately treat them worse than their
Caucasian counterparts. This international notion of racial profiling shows how
it's not an isolated event with limited social constructs but something that
transcends time and space; no matter the country, culture, history; once a
distinction is made between human flesh, patterns emerge manifesting similar
injustices around the world instead of in vacuo. Thus, an understanding of
India's historical context helps provide awareness to broaden the perspective
of similar injustices throughout the world.
VI.
Case Study:
Racial profiling within India occurs
within various contexts affecting various communities via ethnicity, race, or
through religion or regional affiliation; thus, this case study explores
additional racial profiling elements to show that discrimination is a
widespread phenomenon in India. For example, many groups are involved, from
those in the Northeastern section of India to the African population, which
fears vulnerable students. If racial profiling in India exists for prominent
groups, one includes persons from India's Northeast, including Nagaland and
Mizoram, who travel to other parts of Delhi and other Indian cities and
experience a lot of discrimination. Often, those with different physical
features are seen as radicals.
For example, reports online and in the news suggest that when people from Northeast India travel across the world, they are called "Chinese" or "Chinkis" as detrimental terms referring to immigrants from China, no matter where they are or what they're doing. What becomes alarming is that during the COVID-19 pandemic, attempts to vilify these people from these states occurred for specific acts by people who may have travelled to India or known Indian nationals.[6] For example, news and reports suggested that these individuals were refused entry into stores or public spaces and were beaten because of the fear of being carriers; thus, they are shunned. But this is not a one-off occurrence; this occurs on many levels across the nation. Another group is that people have hosted international students.
For example, when there are deportations of Nigerians or persons of African heritage in other parts of India due to crimes acknowledged on TV channels, India's African students have a notable level of fears regarding deportation. For example, a Tanzanian girl in Bengaluru was victimized by mob violence and beaten because of a hit-and-run accident involving an Indian. The stereotype was that she was on drugs or another act of physical aggression; instead of wanting to talk to her personally to understand who she was and how being identified could impact her, she was beaten by Indian students and citizens, all thanks to their extensive histories of negative impressions of people from Africa[7].
When one attempts to confront this
situation, many Indians will respond that there are reasons why foreigners from
Kenya, etc., are deported; however, such stigmas create problems for
international friendships and even college/university student housing. Another
community collection faced with racial profiling is with Muslim minorities. For
example, with anti-Muslim sentiments growing over the last decade in India,
it's no surprise that Muslims are forcibly rendered compliant with customs/laws
across major Indian cities. After the anti-CAA protests in December 2019 and
March 2020 where many Muslim youths protested against the new amendment further
impacting their citizenship status, there were many reports that the police and
the locals believed these youths were engaged in anti-national acts,
questioning and surveying youths even where they did nothing wrong.
For example, in Delhi, reports
suggested that the police questioned the Muslim youths who were involved in the
protest; instead of realizing that at least eight courts found no prosecutions
against them, the police and others-maintained harassment of people for being
identified by their community groups[8]. Another
area where caste and racial profiling occur via branding happens through
race-based policing incidents in merchant spaces. Dalits often get
discriminated against when they try to purchase specific goods or even enter
certain temples and establishments.
For example, in a temple in Karnataka
recently, Dalits were beaten because they entered the premises as purifying
threats to the religious location; titles continue to exist in the Indian
atmosphere which creates hierarchies among castes despite efforts by Indian
police to mitigate such actions. Such a stipulated form of racial profiling
connects it to a historical social pecking order that has been established and
remains the catalyst for social politics in modern-day India, which suggests
that casteism is synonymous with racial profiling[9]. However,
it's not exclusive to one community or socioeconomic class, for the fact that
various communities within India face similar forms of racial profiling is disheartening.
Whether it's ethnic, racial, or religious, the fact that people are profiled
based on how they look and subsequently have similar tales of marginalization
is a testament to how low this society has fallen and what needs to be
rectified.
VII.
Reforms and Solutions:
The best reforms to eliminate racial
profiling in India involve legislation, community involvement, and education.
If these reforms are put into place, they will uphold the virtues of human
rights and the intentions of a diverse society, which should make good citizens
feel protected against such discrimination.
i. Legal Reforms
First, specific laws against racial
profiling must be in place. The Indian Constitution already has
anti-discriminatory measures, but no separate law exists that stipulates racial
profiling intentions or punishment. Therefore, putting a law in place that
identifies what racial profiling is will empower citizens to know their rights
and render guilty perpetrators subject to repercussion. This law must also
include new police training concerning racial bias and established police
practices, which must always keep constitutional rights in mind when applying
measures of law enforcement. Second, human rights commissions need to be more
effective. Aside from empowering racial profiling victims after the fact, these
commissions give victims formalized channels of communication to lodge
complaints to hopefully establish equity. Thus, the National Commission for
Minorities and the National Commission for Scheduled Castes must become more
empowered to ensure complaints are not only investigated but also champion the
cause of victimized persons' rights.
ii. Community Involvement and
Awareness
Community involvement is also
critical since many effective changes can happen at the ground level. For
example, NGOs and social groups can collaborate to raise awareness of
residents' rights; community programming can foster open conversation between
communities to develop understanding and compassion. In addition, the media
needs to take responsibility as well for its actions and not rely on
misrepresented negative stereotypes; feel-good stories about minority groups
need to be championed as well.
iii. Education
Ultimately, education is key. School
systems should cultivate curricula with lessons about diversity and racial
issues; educators themselves should undergo anti-bias training to develop
effective dialogue about race and discrimination. Students need to learn
respect for others sooner rather than later to build a more accepting view for
future generations.
iv. International Solutions
Ultimately, international efforts
that work in other countries would potentially work here. For example, Canada's
use of community policing successfully fosters a bond between law enforcement
and ethnic communities; similar efforts can be adapted for an Indian population
as well.
VIII.
Conclusion:
Racial profiling has occurred
worldwide, shaped by historical legacies, sociopolitical structures, and deeply
ingrained biases that pit one community against another. In India, where
diversity is both a strength and a challenge, racial and ethnic profiling
continues to manifest in various forms, often targeting marginalized
communities such as Dalits, Northeastern Indians, African nationals, and
religious minorities. As this article demonstrates, the most effective way to
eradicate racial profiling is through a multi-pronged approach that
incorporates legal, communal, educational, and international efforts. Legally,
strong anti-discrimination laws must be enforced with greater accountability,
ensuring that victims of racial profiling have access to justice while law
enforcement agencies undergo systemic reforms to eliminate implicit and
explicit biases. Communally, fostering dialogue between different ethnic and
racial groups can help break down stereotypes and misconceptions, promoting
unity and shared identity over division.
Educationally, comprehensive curricula should include discussions on race, caste, and discrimination to instil values of equality and inclusivity in young minds, helping future generations challenge prejudices ingrained in society. Internationally, India must align itself with global human rights standards and collaborate with international organizations to combat racial profiling on a broader scale, ensuring that justice is upheld beyond national borders.
However, legal and institutional
changes alone will not suffice; a fundamental shift in societal attitudes is
crucial. Public awareness campaigns, media representation, and grassroots
activism play essential roles in dismantling stereotypes that fuel racial
profiling. Social conditioning, reinforced over generations, cannot be undone
overnight, but incremental steps, such as increased representation of
marginalized groups in leadership roles, unbiased portrayals in media, and
community-led initiatives can create lasting change. Racial profiling is not
just an issue of law enforcement but a symptom of a larger systemic battle for
dignity, equality, and human rights.
Addressing it requires a collective
effort from all avenues; governmental bodies must enact and implement equitable
policies, civil society must actively challenge discrimination, educators must
foster inclusivity, and individuals must hold themselves accountable for their
biases. As India continues its journey toward becoming a more equitable and
just society, it is imperative to recognize that true progress lies not only in
economic growth or technological advancements but in the fundamental respect
for every individual’s identity, rights, and dignity. The struggle against
racial profiling is ultimately part of the broader fight against discrimination
in all its forms, and only through sustained efforts across multiple sectors
can India build a future that truly upholds the principles of justice,
fairness, and equality for all its citizens.
IX. References.
1. Experts of the Committee on the
Elimination of Racial Discrimination Note Swift Response of the United Kingdom,
Off. U.N. High Comm’r Hum. Rts. (2024), https://www.ohchr.org/en/news/2024/08/experts-committee-elimination-racial-discrimination-note-swift-response-united-kingdom.
2. Mathias Risse & Richard
Zeckhauser, Racial Profiling, 32 Phil. & Pub. Aff. 131, 131–70 (2004), http://www.jstor.org/stable/3557948.
3. Steven N. Durlauf, Assessing Racial
Profiling, 116 Econ. J. F402, F402–26 (2006),
http://www.jstor.org/stable/4121927.
http://www.jstor.org/stable/4121927.
4. Quaylan Allen & Henry Santos
Metcalf, “Up to No Good”: The Intersection of Race, Gender, and Fear of Black
Men in US Society, in Historicizing Fear: Ignorance, Vilification, and Othering
19, 19–34 (Travis D. Boyce & Winsome M. Chunnu eds., Univ. Press of Colo.
2019), http://www.jstor.org/stable/j.ctvwh8d12.4.
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[7] Maya Prabhu, African Victims of
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Article Information
POLICING PREJUDICE: A CRITICAL ANALYSIS OF RACIAL PROFILING AND ITS CONSEQUENCES
Authors: DISHA VAISHNAV
- Journal IJLRA
- ISSN 2582-6433
- Published 2025/03/26
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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