Shades Of Injustice: A Constitutional Perspective On Colourism
- IJLLR Journal
- Aug 4
- 2 min read
Anshu, Central University of South Bihar, India
ABSTRACT
Colourism refers to discrimination based on skin tone, which is a deep-rooted social bias where lighter shades are prioritised over darker shades. This paper critically examines the societal gendered bias of colourism, with a special focus on how it unjustifiably affects women through the beauty standards posed by society, which reduces economic opportunities and abates the self- worth of a person. It elaborates on how women are marginalised and rejected in their marriage prospects and their professional roles. This framework is further perpetuated by commercial industries and advertisements that aggressively promote skin-lightening products, conveying a harmful message that fair skin equates to beauty, success, and societal acceptance. Through this, a social stigma has been created in society that hinders a woman's development and her rights.
This paper also explains that legally, our constitution has provided us with various fundamental rights which guarantee equality (Article 14), prohibit discrimination (Article 15), and protect the right to live with dignity and integrity (Article 21); still, there are major legal gaps in these legislations that don’t address colourism.
This paper critically examines the comparison of different crucial legislations like the Consumer Protection Rights 2019, the SC/ST Act and their failure to address the issue, leaving victims of colourism without proper legal remedies. In this paper, comparison has been sought from international law organisations and different countries, examining their methods to tackle colourism. At last, this paper gives an alternate solution and the need for recognition of anti-discrimination laws in India. Further providing guidelines and monitoring actions for the media and advertising industries, and an inclusion of morals and values through education in schools and workplaces to eradicate bullying and combat gender based discrimination to safeguard the interests of women.
