"Challenges and Progress: Addressing Caste-Based Discrimination in India"

Caste is inherently descent-based and hereditary, determined by an individual's birth, regardless

of their religious beliefs. The caste system exemplifies a rigid social hierarchy, dividing
individuals into ranked groups based on lineage and occupation. This structure significantly
affects various aspects of life, including housing, marriage, and overall social interactions. Such
divisions are perpetuated through practices that enforce social exclusion, economic sanctions,
and even threats of physical violence.

Indian society was historically divided into four varnas, with people's roles in society, politics,
and the economy determining their classification. Unlike European guilds, which allowed
individuals to join based on their professional interests, the caste system in India was hereditary.
This meant that a trader's son would inevitably become a trader, a soldier's son would follow in
his father's footsteps, and a priest's son would inherit the role of a priest. Outside of this system
were individuals assigned to 'menial' tasks such as cleaning sewage and garbage disposal. These
individuals, labeled as 'untouchables,' were marginalized and forced to live on the outskirts of
cities and villages. This exclusion led to centuries of discrimination and limited access to
education—the crucial tool for empowerment and social mobility1.

CASTE AND UNTOUCHABILITY IN INDIAN LAWS

Article 17 of the Indian Constitution says:

Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any
disability arising out of “Untouchability” shall be an offence punishable by law.

Article 172 of the Indian Constitution abolished untouchability3 and declared its practice a
punishable offense. However, the term "untouchability" was not explicitly defined in the
Constitution. Article 35(a)(ii) granted Parliament the authority to create penal laws for offenses
outlined in Article 17. This led to the enactment of The Untouchability Offences Act of 1955,
later renamed The Protection of Civil Liberties Act. This law-imposed penalties for actions such
as preventing someone from entering a place of worship or accessing water from a tank or well.
1
Editor, C. (2021) Caste discrimination and related laws in India, CJP. Available at: https://cjp.org.in/caste-
discrimination-and-related-laws-in-india/ (Accessed: 22 June 2024)./
2
I NDIA CONST. art. 17
3
Editor, C. (2021) Caste discrimination and related laws in India, CJP. Available at: https://cjp.org.in/caste-
discrimination-and-related-laws-in-india/ (Accessed: 22 June 2024).
To address atrocities against Scheduled Castes (SCs) and Scheduled Tribes 4 (STs), the Indian
government enacted the Scheduled Castes and Tribes (Prevention of Atrocities) Act in 1989,
which took effect on January 30, 1990. This legislation aims to prevent crimes committed by
non-SC/ST individuals against members of these groups and promote their social integration.
Despite these intentions, the Act has not fully met its objectives.

The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act of 2013
addresses the severe issue of manual scavenging, considered one of the worst manifestations of
untouchability. The International Labour Organization defines this practice as cleaning and
maintaining septic tanks, sewers, and gutters, as well as disposing of human waste from open-air
dry latrines. While this practice exists globally, it is particularly prevalent in India, primarily
involving lower caste communities like Dalits.

In response to the systemic atrocities faced by individuals from backward communities 5, the
government has implemented various measures over time to address their backwardness. One of
the key reasons for their continued backwardness was their lack of access to education and
essential facilities. To rectify this, the government introduced reservation policies to provide
these communities with better opportunities and representation. These policies, recommended by
various commissions and reports, ensure that members of backward communities have access to
education, employment, and other critical resources. Introducing these reservation policies led to
numerous legal challenges, culminating in significant court rulings. A landmark case in this
regard was Indira Sawhney v. Union of India, where the Supreme Court of India held that
reservations in public employment and education were permissible but should be limited to 50%
to maintain a balance between affirmative action and meritocracy. This ruling aimed to ensure
that while backward communities received the support they needed, the system remained fair and
did not unduly disadvantage other groups. The decision underscored the importance of a

4
Komolika Srivastava Laws against caste-based discrimination: History and evolution, Legal Service India -
Law, Lawyers and Legal Resources. Available at: https://www.legalserviceindia.com/legal/article-12588-
laws-against-caste-based-discrimination-history-and-evolution.html (Accessed: 22 June 2024).

5
Caste discrimination and related laws in India, CJP. Available at: https://cjp.org.in/caste-discrimination-and-
related-laws-in-india/ (Accessed: 22 June 2024).
balanced approach to reservations, reflecting the complex dynamics of social justice and equality
in India.

EFFECTIVENESS

As a welfare state, India is committed to enacting policies that promote the well-being of its
citizens. The government takes acts of discrimination very seriously. Article 17 of the
Constitution, which abolishes untouchability, is enshrined as a fundamental right. If this right is
violated, individuals have the recourse to approach the Supreme Court for justice.

In India, numerous Dalits, frequently subjected to abuse, serve as agricultural laborers, playing a
vital role in the nation's agrarian economy. Despite land reform legislation, approximately 86
percent of Dalit households still lack land or own minimal amounts. In rural areas, land
ownership is essential as it influences one's standard of living and social status. The absence of
land access renders Dalits economically vulnerable, making them susceptible to exploitation by
landlords from upper and middle castes and enabling various abuses to persist unchallenged.

In the case of Subhash Kashinath Mahajan v. State of Maharashtra, the controversy began in
2006 when Bhaskar Karbhari Gaikwad, an SC employee, filed a criminal complaint under the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against two of his
superiors, alleging discrimination due to his caste. His complaint centered on adverse comments
in his annual confidential report, which he attributed to his caste identity. The request for
prosecution sanction against the accused was denied in 2011 by the Director of Technical
Education, Subhash Kashinath Mahajan. Gaikwad subsequently filed an FIR against Mahajan in
2016 for denying sanction. Although Mahajan sought anticipatory bail from the High Court, his
plea was denied, leading him to approach the Supreme Court. In March 2018, the Supreme Court
quashed the criminal proceedings against Mahajan, stating that a preliminary inquiry by a deputy
superintendent of police was required before lodging an FIR under the Act, and immediate
arrests were no longer permissible without appropriate permissions. The court also allowed
anticipatory bail in cases where the complaint appeared to be mala fide.

The Supreme Court's decision triggered widespread protests from Dalit groups, leading to violent
demonstrations and an all-India shutdown (Bharat Bandh), resulting in the deaths of seven
people. The backlash prompted Parliament to pass a bill in August 2018 overturning the Supreme
Court's order. The new legislation removed the requirement for a preliminary inquiry before
registering a criminal case6 and eliminated the need for approval before making an arrest under
the Act. It also reinstated the blanket ban on anticipatory bail for those accused of atrocities
against SCs/STs. While this move appeased Dalit demands, it sparked anger among upper caste
groups, especially in poll-bound Madhya Pradesh, who protested against the reversal of the
Supreme Court judgment. This case highlights the ongoing tension and need for balanced
discourse on the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

India has made significant progress in recognizing and addressing caste-based discrimination
through legislation. However, challenges persist in implementing these laws effectively. The
enrollment of Dalit and Scheduled Tribe (ST) students in higher education falls short of
mandated quotas, indicating ongoing barriers to access. Additionally, dropout rates among SC
students at institutions like IITs are higher, pointing to issues of discrimination and lack of
support. The lack of reservation policies in private institutions further exacerbates these
challenges, making higher education inaccessible for many marginalized students. Caste-based
discrimination on campuses also affects academic performance and creates an exclusionary
environment.

To address these challenges, there is a need for comprehensive anti-caste discrimination

legislation that considers intersectional discrimination and provides mechanisms for reporting
and addressing discrimination. Access to quality education must be ensured for marginalized
communities, and institutions should be held accountable for implementing reservation policies.
Awareness and sensitization efforts are crucial to change societal attitudes, and a shift towards
equality and humanity is necessary to combat casteism effectively.

India has made significant strides in recognizing caste-based discrimination as a social evil and
has enacted legislation to combat it. However, there remains a substantial gap between the
existence of these laws and their effective implementation. Laws alone cannot resolve such deep-
rooted social issues; the attitudes and willingness of citizens to abide by these laws play a crucial
role.Additionally, the majority of Scheduled Castes (SCs) and Scheduled Tribes (STs) remain
socially and economically marginalized, making them more vulnerable to atrocities and less
6
likely to access legal remedies. Despite efforts dating back to the 19th century, crimes against
these communities persist. Thus, the concerns raised by Dalit organizations regarding the
perceived weaknesses of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act are neither unfounded nor irrational.

Done by

Avantika Thankam

2nd year

B A LLB(Hons)

IIULER, Goa

avantikathankam.ballb2022@iiuler.edu.in