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Racially Charged Criminal Profiling in India: Implications for Human Rights and Justice

Abstract

Racially charged criminal profiling in India remains a critical yet under examined issue, where law enforcement practices often reflect biases against marginalized communities, including Dalits, Adivasis, North-Eastern Indians, Muslims, and African nationals. While constitutional provisions such as Articles 14, 15, and 21 prohibit discrimination, the absence of explicit antiracial profiling legislation allows systemic biases to persist, exacerbated by counterterrorism laws like the Unlawful Activities (Prevention) Act, 1967. Comparative analysis with jurisdictions such as the U.S., U.K., Canada, and Australia reveals legal deficiencies and best practices that could inform Indian reforms. Empirical data highlights manifestations of racial profiling through over-policing, wrongful arrests, custodial violence, and judicial biases, eroding trust in law enforcement. This study advocates for statutory anti-profiling laws, independent civilian oversight, and police training on implicit bias, and judicial accountability to curb discriminatory practices. By implementing data collection mandates, adopting international best practices, and fostering community policing, India can enhance policing efficiency while upholding constitutional and human rights obligations, reinforcing its commitment to democratic principles.

Keywords

Criminal profiling Discrimination Law enforcement; Marginalised communities Racial profiling

Type:

Research Paper

Information:

International Journal of Law Management and Humanities,

Creative Commons:

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright:

Copyright ©AJLSR 2025

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Export Citation

Aarya Priti Goswami, Racially charged criminal Profiling in India: Implications for Human Rights and Justice, 1 (1), AJLSR 68, (2025)