TODAY -

Racial profiling & criminalization of people
Question of natural justice & human dignity

Dr Aniruddha Babar *

 Protest against Racism at Saket Area, Delhi for stabbed 22 Years Old Manipuri boy on Feb 11 2014
Protest against Racism at Saket Area, Delhi on Feb 11 2014 :: Pix - MSAD



It becomes more and more difficult to avoid the idea of ‘non-white’ people especially BLACKS, HISPANICS and MUSLIMS as subjects of not just racial profiling but of an insidious form of racial obliteration sanctioned by silence.One of the major problems that all the societies around the world and mainly the American society is facing is the problem of racial discrimination, stereotypes and prejudices.

Racial profiling has been found to be a complex problem that is constantly associated with human rights, Morales and ethics. Racial profiling is considered as the inappropriate use of race and ethnicity by the police officers and considering race as a criterion to take the professional decisions about the people from particular minorities.

Racial profiling is the way of singling out a person or person specifically on the basis of their race or ethnicity. Racial profiling in United States had started since 1970’s, when the police department of the country had believed that some kin of crimes were more likely to be conducted or committed by the people that belong to particular race or ethnic groups.

Initially racial profiling, which was a discriminatory process was specifically used to target the individuals as the part of the program that was designed to fight against the organized crimes and drug trafficking. One such operation was also called as the “Operation Pipeline”. This practice was started in Canada in the year 1990, when some of the police officers from Royal Canadian Mounted Police received their training from United States.

In the period that most common victims of Racial Profiling were ‘Blacks’, ‘Hispanic’ and ‘Natives’. However, over the period of many years and the incident of September 11, 2001, the people from Islamic background, such as Muslims and Arabs are also targeted under racial profiling.

President Clinton in the year 1999 had defined racial profiling as “morally indefensible”. President Clinton had also worked towards addressing this problem and had ordered the Federal law enforcement agencies to compile the data related to the people, who had been searched or arrested on the basis of their race or ethnicity their skin.

The minorities living in America were arrested and stopped disproportionately in comparison to Whites. Racial profiling has also been defined as “Any action undertaken for reasons of safety, security or public protection that relies on stereotypes about race, [color], ethnicity, ancestry, religion, or place of origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment”.

This definition also informs that racial profiling is the violation of the law and also the personal rights and freedom of individuals. Racial profiling is also a serious discrimination against people and set a wrong example in front of the world. Such an act increases the prevalence of racism and racial discrimination in the society.

Moreover, racial profiling also created a racial stereotyping against African Americans. Racial profiling is also called as the disparate treatment, where the minorities are disproportionately targeted by the police and are treated inhumanly.

The problem of racial profiling has deepened and expanded mainly after September 11, 2001 because the expansion of the police targets has occurred. Earlier, the ethnic minorities living in United States were considered under the process of racial profiling, while now people from Muslim and Arab backgrounds are also targeted, because the mindset of the police officers has changed.

Racial profiling is mainly associated with the wrong mindset of the Police, because they have associated certain crimes with people from certain ethnicity. For instance, Black Americans were considered to be of criminal minds and can commit the robberies, murders etc. The main reason behind such mindset is that racial discrimination has a long history and discrimination on the basis of skin colour have been prevalent in the society of United States. The people of colour or different race are predominantly discriminated has become the unjust reality of the society.

It has been a continuous inability and unwillingness of the Government of United States to address the problem of Racial profiling. Even after many efforts by some significant Presidents of America, Racial Profiling remains a major problem that had led to the public distrust in Police. Although, the democratic and republicans in America have stated that racial profiling is unconstitutional, yet no significant changes in the condition has occurred.

Racial profiling is also the violation of the international treaties such the treaty of International Covenant on Civil and Political Rights and more specifically the, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). United States had the obligation of complying with the international conventions.

However, when the obligatory reports were submitted, they were found to be filled with many gaps and ambiguities. Therefore, Committee on the Elimination of Racial Discrimination (CERD) critically analysed the report and also provided some recommendation to United States. Therefore, many international treaties were violated and even after signing the treaties of preventing discrimination and promoting racial equality, nothing concrete has happened.

Although, United States had accepted the obligation not to engage itself in any kind of racial inequalities or racial discriminations. However, it clearly failed to comply with the Article 2 of ICERD, which stated that effective measures must be taken by the government to amend the national and local policies and must nullify any law or regulation which can create or perpetuate racial discrimination.

US required to cease any kind of the racial discrimination activities in the country and were also required to monitor the activities of the police and law enforcement agencies. As the resolution of this, the government of United States had taken the steps to address the problem of racial profiling by providing the regulations and policies to law enforcement agencies related to profiling. However, such guidelines and regulations could not stop individual perspective and belief of officers on duty.

Various scholarly studies had informed that Blacks and Hispanics are more likely to be searched, ticketed and arrested in comparison to White drivers. Although, the criteria applied by the US police department to stop and search these people is not clear.

The consideration of the race by police or the law enforcement is a major factor that has resulted in continuation of problem of racial profiling. The US government has been unable to pass the federal legislation that could bind the federal, state or the local law enforcement from conducting racial profiling. Many racial minorities in America especially the African Americans, Latino and Muslims are routinely stopped by traffic police. Therefore, the racial profiling by the law enforcement officers has raised a significant moral concern, because it has developed a discriminatory behaviour against minorities in America.

Racial profiling is significantly considered as the violation of the rights and freedom provided to Americans under fourth amendment of US constitution. The Fourth Amendment states that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” In the year 1968 for the ruling of Terry v. Ohio,

The Supreme Court of the country has stated that reasonable articulated suspicion could have been considered as the reasonable ground that provides the right to the police officers to briefly stop and question a citizen. However, the Supreme court also stated that the suspicion should not be based on the police officers “inchoate and unparticularized suspicion or ‘hunch,’ but on the specific reasonable inferences which he is entitled to draw from the facts in light of his experience.” Therefore, the reasonableness of the suspicion is necessary, which is not followed by the law enforcement officers in US.

Another case that raised the concern towards the racial profiling procedure of the police officers and also informs about the violation of the Fourth Amendment was United States v. Brignoni-Ponce. In this case the police officer stopped the respondent’s car just relying on a single factor that respondent has Mexican ancestry. However, according to the minimal requirement for the investigatory stop as informed by the constitution, do not provide the rights to the police officers to stop the car according to their personal belief.

Such prejudices and discriminatory behaviour of the US police was also evident after the incident of 9/11The reports of the CERD committee have shown that after the tragic event of 9/11, the government of United States had arrested and detained many men (as appearing to be), Muslims, South Asians or Arab under racial profiling. Such activity was conducted by the law enforcement officers without concrete evidences, or specific verification material and without any strong grounds for arrest and punishment; these men were scrutinized only on the basis of their appearance and belief that all of them have the connection with the terrorist groups.

It was found that none of the people who were arrested and detained and brutality punished by the law enforcement officers had connection with any kind of the terrorist activities and were uselessly defined as the ‘special interest’ by the police of US. This situation had occurred and had appeared to be based on the ethnic, religious and racial profiling of the targeted population.

It has been informed that many Muslim men or those having the Islamic background were kept in custody for months and were brutalised psychologically and physically. Even after being free from all the suspicion about being associated with terrorist groups, many of such people were deported on the grounds of racial profiling.

The impact of this gross human right violation was very significant on individuals, their families and also on the wider society, because people started seeing the individuals from Islamic or Asian origin to be the criminals or terrorists. Therefore, it can also be said that racial profiling has resulted in increasing racial discrimination in American society.

The racial profiling is a major problem associated with violation of human rights and raises the concern towards moral and ethical duty of the law enforcement agencies towards every citizen.

It is important for all the countries to make strict laws and strict guidelines to stop racial profiling and discriminatory behaviour and also, it is a cardinal duty of a common citizen to gather courageto hold the ‘state’ accountable for any discriminatory and unlawful actions committed by its agencies against him.


* Dr Aniruddha Babar wrote this article for The Sangai Express
The writer is an Asst. Professor, Department of Political Science, Tetso College, Dimapur, Nagaland
This article was webcasted on September 18 2019.



* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




LATEST IN E-PAO.NET
  • Mera Houchongba @Kangla #2: Gallery
  • An Appeal to NNPGs and NSCN (IM)
  • Inclusion of Manipur Nagas are irrelevant
  • Cry of a Dying River - 97 :: Poem
  • An Act of Remembrance & Political Debate
  • Corps that abuse human rights are threat
  • Oils to make winter skin glow
  • Gorkha Youth Summit
  • Ghost of 1994 continues to haunt MPSC
  • Significance of Oct 18 in Manipur history
  • Akhunba Takhellei #1 :: eRang
  • Ngamhao, Dimrei, Lansinganglu : eMing
  • A Lesson from a Long Peace Talk
  • Nobel Economics Prize 2019
  • World Blind Walk at ADBU
  • Dismay over relentless journo-murders
  • Trashing a pact with Govt
  • Of Women : today & tomorrow
  • NSCN (I-M) on choice before Nagas
  • Chayom Thupki (Meetei Philosophy) #12
  • Shirui Lily Fest - Inauguration : Gallery
  • 'Unethical act of few Orgs of a community'
  • In defence of ancestral land and freedom
  • Not just twin but triple demands of NSCN-IM
  • Govt College Teachers' Assn : GBM
  • The Killing Fields 2013-19 : News Timeline
  • 'Constitution can be pursued post solution'
  • Pressing need for sanity to prevail
  • Forgotten pledge - a reminder
  • 123rd Lamyanba Irabot #3 : Gallery
  • May all the roads lead to Ukhrul ..
  • AMAND Cultural @Pune #2 : Gallery
  • Naga Flag & Constitution is our Identity
  • Global Handwashing Day
  • Gwangju Prize for Human Rights: Nominate
  • German program for women entrepreneurs
  • Raising the integration bogey, again
  • October 15 and the GoI
  • NTC calls for solution within scheduled time
  • Naga peace talks deadlocked
  • Pot Lannaba : Houchongba #1: Gallery
  • IM & Govt against freedom fighters
  • Wijaidin Pamai @Intl Fashion Week Goa
  • SheChef Season 2, Shirui Lily Festival 2019
  • Crazy for the hole :: Poem
  • Intl Classical Manipuri Dance Festival
  • Putting a check on single use plastic
  • Harvesting the green gold
  • Mera Houchongba @Kangla #1: Gallery
  • Mera Houchongba festival
  • Intl Day for Disaster Risk Reduction
  • Understanding JAM for bright career
  • For you, I gave up everything : Poem
  • Paranoia of Beauty: A Corporate Brainwash
  • Naga Peace Process :: News Timeline
  • Opening NE to outside world: Challenges ..
  • Contested Identity Along Myanmar Border
  • NNPGs mandated for solution: Isak
  • Wont walk path of capitulated peace: IM
  • 3-month deadline ..unacceptable: Hoho
  • Manipur Street in Manchester & Shirui Lily
  • A glimpse of Shirui Flower : Gallery
  • World within a World
  • Face of RaDiant Group
  • For the Common People :: Poem
  • Heart Camp at Senapati District Hospital
  • NDPP is 'verba non facta' : NPF
  • Swindling of Public Money
  • Bor khoiramba @Hiyangthang #2 : Gallery
  • World Tourism Day @Noney #3 : Gallery
  • World Mental Health Awareness Week 2019
  • Manipur lost legacy- Merger Agreement #2
  • My aquamarine :: Poem
  • Rice for beauty
  • Stand off over flag and constitution
  • Suicide - Western docs, Psychologists...
  • Naga wont accept alien doc. as constitution
  • Manipuri Calendar 2020 :: Download
  • AMAND Cultural @Pune #1 : Gallery
  • Inner Line Permit (ILP) Demand : Timeline
  • NE Message of Cleaninness at Delhi
  • Research Support Officer @ Amethyst
  • 8th AGM/Annual Cultural of AMAND, Pune
  • Peace & conflicts studies as a career
  • College student leaders learn leadership
  • Reaffirming stand of 2016 unity
  • Mr. Chief Minister, clean the dirt...
  • Nongdol Leima @ JNMDA #2 : Gallery
  • Haloi Taret: Dangerous Beauty....
  • Difficult days ahead for Muivah
  • Manipur from Independence to Merger #3
  • World Mental Health Day, 2019
  • Traditional DJ
  • Cry of a Dying River - 96 :: Poem
  • ..district to State level : Shirui Lily Festival
  • Something is still not right
  • Chothe Achui Lin festival #2
  • Heritage Park @Sangai Fest #3: Gallery
  • Are we being bullied with same fake news?
  • Hard facts about the betrail
  • World Animal Day 2019
  • Academic Entrepreneurship at MU #2
  • Nagas of Nagaland : Drawing the divide
  • ... Manipur needs strategic change
  • World Tourism Day @Noney #2 : Gallery
  • ST status is to save indigenous community
  • Sangai festival and tourism multiplier
  • Governance, Gender & Environment :: Book
  • Now Your Hair :: Poem
  • Neiphiu Rio's myopic belief on ILP : NPF
  • Probe into maladministration of hospital
  • Taking high moral stand: Begone moral cop
  • Bor khoiramba @Hiyangthang #1 : Gallery
  • Manipur lost legacy- Merger Agreement #1
  • Sikkim Dance @Sangai Fest: Gallery
  • World Habitat Day: A celebration for home
  • For Your Eyes Only :: Poem
  • No School bag day in Manipur
  • Making ban on single use plastic effective
  • New CAB clause to protect NE : HM
  • NNPGs ready to conclude talks: Kitovi
  • 123rd Lamyanba Irabot #2 : Gallery
  • Ngangom Chaoba : Natyabhusan
  • Ganja economics, Jai Bholenath !
  • Soul Sister :: Poem
  • Leap of faith on wings of Prayer
  • Counselling: Children in Conflict with Law
  • Caution for the cocksure
  • CAB Protest @Khwairamband : Gallery
  • Manipuri Women & Crime Against them
  • Toward exploring a better future for youth
  • I happily cry :: Poem
  • NE Students' Culturals at Pondicherry
  • Beauty benefits of banana
  • Heart Camp at District Hospital, Chandel
  • Contained but final word yet to be said
  • Smart idea, bumbling idealists
  • Chingda Satpi Engellei #2 :: eRang
  • Facts & Opinions: Integration of Naga Area
  • Licypriya : Earth Day Network 'Rising Star'
  • Cry of a Dying River - 95 :: Poem
  • Khangminashi - V at Ibotonsana Hr Sec
  • Academic Entrepreneurship at MU #1
  • Vote BJP but protest: CAB Indecisive stand
  • Significance of Manipuri proverbs
  • Hathei Phanit (Chilli) #2: Gallery
  • Naga insurgency & peace condition #2
  • World River Day, 2019
  • Half Brother :: Poem
  • Youth Essay Contest: May 18 Memorial
  • Michelle Salam : Top Ten Cake Masters
  • Internal tussle within the Government
  • The humility of MK Gandhi & Manipur
  • Bhagyachandra Death Anniv @WB : Gallery
  • Why dont Manipur forget Merger Agreement
  • Let us celebrate Non Violence Day
  • Looking Forward to a Sexy Evening : Poem
  • Observance of Senior Citizen's Day
  • Turmeric in beauty care
  • Artists for NH7 Weekender, Meghalaya
  • Parking madness at commercial centres
  • Demise of a dream
  • 123rd Lamyanba Irabot #1 : Gallery
  • International Day Of Older Persons, 1 Oct
  • Licypriya : India Peace Prize : Gallery
  • Irabot the poet of the working class
  • October Calendar for Year 2019 : Tools
  • Licypriya Kangujam : India Peace Prize 2019
  • ST status demand for Meiteis widening rift
  • Certificate Course on Neuropsychology
  • Lining up stand against CAB
  • Remembering Lamyanba & his politics
  • Irabot Day & the practice of volunteerism
  • Lamyanba Hijam Irawat :: Read articles
  • Around India in 60 days
  • Nungleiband Massacre: Diary of Editor
  • Judo: Rishikanta, Roshibina, Kalpana
  • Heart of an empowering woman : Poem
  • Imphal Peace Museum: Best Design Award
  • Engaging with the young minds
  • Lai Khutsangbi & female power
  • Naga liberty or forced disintegration..
  • Irabot's letter to Assembly: 18 Oct 1948
  • Monika Ingudam: Natl Youth Icon Award
  • Heart Camp at District Hospital, Ukhrul
  • Swacchata Hi Seva at Lakoipat
  • Let 'tree' that was cut, be the last
  • World Tourism Day @Noney #1 : Gallery
  • Where All The Flowers Gone? #2: Gallery
  • The resurgence of Hijam Irabot
  • Naga insurgency & peace condition #1
  • World Heart Day 2019
  • Judo: L Sushila; M Bidyashori, T Inunganbi
  • Counselling: Children in Conflict with Law
  • Looking to increase revenue collection
  • Adapting with the changing time
  • Inamma - Film Scenes #1 :: eRang
  • Heritage Park @Sangai Fest #2: Gallery
  • Cry of a Dying River - 94 :: Poem
  • Reject false solutions to climate crisis
  • Career in Mass Communication
  • Ideals of Lamyanba Irawat
  • Laurels for Th Brinda, Ng Touthang
  • Performances to watch at NH7 Weekender
  • Protest in NE against CAB starting Oct 3
  • Bamboo bus shelter model developed
  • Noney to host World Tourism Day
  • Drought and the drainage issues
  • Marangwon @Kangkhui Khullen: Gallery
  • The flavor of Utsav Tarpon
  • Urgent Need to Reconsider Naga History
  • A woman :: Poem
  • Human Papilloma Virus & women's health
  • Meeting the Enemy at Nathu La
  • 'Outburst' of Thuingaleng Muivah
  • Concerns for media persons
  • Ibudhou Thangjing Haraoba #5 : Gallery
  • Licypriya Climate March @Angola :Gallery
  • Featured Front Page Photo 2019 #4: Gallery
  • Licypriya Climate March at Luanda :: Report
  • Kartal Cholom @ Sangai Fest : Gallery
  • Lady E-Rickshaw driver inspires women..
  • Culture Students Foundation Day : Gallery
  • Eyek Tamba :: Learn Manipuri script
  • Book published on Irabot Day: Download
  • Where All The Flowers Gone? #1: Gallery
  • BCIM Corridor & China New Transportation
  • Alzheimer's Awareness Month
  • Cry of a Dying River - 93 :: Poem
  • Rally & Youth's Voice on Climate Change
  • Guwahati to Bangkok : Direct Flight
  • Stringent traffic rules in place
  • Time for immediate solution to climate crisis
  • Traditional Dress of Hmar : Gallery
  • Licypriya @UNESCO Forum, Angola: Gallery
  • 46th AMWJU Foundation Day : Gallery
  • Heikru Hidongba #2 : Gallery
  • 48th Foundation Day of RIMS : Gallery
  • Chaklam Khongchat Numit #4: Gallery
  • Mukna - indigenous game : Gallery
  • Babysana's last rites performed: Gallery
  • Tolloi, Ukhrul :: 360 Panorama View
  • SPONSORED ADS