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Lately, the political atmosphere of the country being flouted with words like ‘intolerance’, ‘dissent’, ‘anti-national’, the need for securing against baseless discrimination is getting very pressing. Not just the proven minorities, but pretty much anyone with an opinion that isn’t in line with the mainstream diktat seems to be living under threat. This is in strict violation of several of the fundamental rights promised to us in the Constitution.

Congress MP, Dr. Shashi Tharoor is known for his revolutionary stands for what is right and assessing the need of the hour, he stepped up and introduced a private member bill in the Lok Sabha on 10th March, 2017. This bill was in following of his earlier attempts to decriminalize same-sex sexual encounters and a fight against Section 377 of the Penal Code. Sadly, all his efforts till date have been shot down. But, in this new bill he went on to expand his spectrum to include anyone and everyone at risk of discrimination and advocated their right to equality and the protection of the same.

The Bill, titled ‘Anti-Discrimination and Equality Bill’ was introduced as a private member bill, ‘to ensure equality to every citizen of the country by providing protection against all forms of social discrimination.’ It goes beyond his previous attempts at amending Section 377, and has enlarged the canvas of the disadvantaged to include not only people who are discriminated against because of their sexual orientation but any protected or disadvantaged group that faces direct or indirect discrimination. While it has always been claimed that the legal provisions under Section 377 were always used within limits, many crimes of injustice against the concerned community have been committed under its wings.

The meticulous attention to detail in the Bill is commendable, clearly defining those being discriminated against into categories and the reasons for the same. No one affected by this atrocity is left out of consideration. It clubs people under various groups- protected, and disadvantaged; and defines what would constitute discrimination , both direct and indirect. The Bill clubs following characteristics – sexual orientation: gays, lesbians, bisexuals, kothis and other sexual minorities; and, gender identity: transgendered persons, hijras and gender non-conforming persons; under disadvantaged groups, along with caste, race, disability, HIV-status, marital status etc. It tries to cover as many possible victims as possible.

It also asks for the formation of a Central Equality Commission at both Central and State level “to exercise the power conferred on, and to perform the functions and duties assigned to it under this Act” and lays down directions for the formation and functioning of the same.

In a statement at the end of the bill, Dr. Tharoor specifies the need for such a bill. He says:

“Cases of discrimination continue to be witnessed in all spheres of social, economic and political life. They are frequently directed against dalits, muslims, women, persons of different sexual orientations ‘hijras’ persons with disabilities, persons from North-Eastern States unmarried couples and non-vegetarians, among others. There is a need to protect everyone who are subject to all forms of unfair discrimination under a single comprehensive legislation which should be neutral and free from bias. Although it is normally minorities that are at the receiving end of discrimination, the law, in order to be sound, should encompass all citizens. It must protect both minorities as well as majorities, which is the intention of this Bill.”

This bill has been drafted in consultation with Associate Professor and Hackney Fellow in Law at Wadham College, Oxford University, Tarunabh Khaitan, who emphasized the need for this bill at present times.

"The Bill is an effort to respond, among other events, to Rohith Vemula's tragic suicide, which has put the need for an anti-discrimination legislation back on the political agenda," he told Live Law, a platform for legal news and analysis.

Although India is among the few regimes with a constitutional commitment to a liberal democracy, it still lacks a "comprehensive, multi-ground, anti-discrimination legislation," he added.