This Article is written by Harshit Sagar, a First-Year Law Student of Campus Law Center, Faculty of Law, UoD

Introduction:

India is part of the world's most heterogeneous and populous and also a place of one of the earliest systems of social stratification known to the caste system. Far back historically entrenched and deeply ingrained in Indian society was this caste system, devised to align people into some sort of hierarchical groups according to their birth. Though officially proscribed in modern India, vestiges of caste remain influential in most spheres of life, including social intercourse as well as educational facilities, employment, and dispensation of justice.

Over the years, the Indian Government has enacted policies and affirmative action to contain inequalities based on caste considerations over, in terms of education and employment for example, especially for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. However, while the heavy hands of rigid social boundaries imposed by the caste system remain intact in rural areas, subtle caste boundaries thrive in urban areas. Caste-based violence, exclusion, and economic disparity are very much part and parcel of India today, though sometimes of a different nature, in many cases living within the shadows of the real world. The article probes the complexities of caste-based discrimination in modern India, with historical roots, how persistent obstacles lie ahead for the marginalized communities, and ongoing efforts to address this social injustice. While India has made strides towards legal equality, the lived experience of millions of Dalits and other oppressed castes reveals that the fight against caste-based oppression is far from over has been a feature of the Indian society for decades that caste-based discrimination is well embedded in its social culture. Despite various initiatives through legal instruments, positive action policies, and emerging social awareness related to social justice, caste-based discrimination remains one of the most challenging problems of modern India. This chronicle revolves around economic disparities and social exclusion to violent atrocities. This article documents the persistence of caste-based discrimination in contemporary India, efforts to combat it, and ways forward.[1]

History of Casteism in India:

India is part of the world's most heterogeneous and populous and also a place of one of the earliest systems of social stratification known to the caste system. Far back historically entrenched and deeply ingrained in Indian society was this caste system, devised to align people into some sort of hierarchical groups according to their birth. Though officially proscribed in modern India, vestiges of caste remain influential in most spheres of life, including social intercourse as well as educational facilities, employment, and dispensation of justice.

Over the years, the Indian Government has enacted policies and affirmative action to contain inequalities based on caste considerations over, in terms of education and employment for example, especially for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. However, while the heavy hands of rigid social boundaries imposed by the caste system remain intact in rural areas, subtle caste boundaries thrive in urban areas. Caste-based violence, exclusion, and economic disparity are very much part and parcel of India today, though sometimes of a different nature, in many cases living within the shadows of the real world.

The article probes the complexities of caste-based discrimination in modern India, with historical roots, how persistent obstacles lie ahead for the marginalized communities, and ongoing efforts to address this social injustice. While India has made strides towards legal equality, the lived experience of millions of Dalits and other oppressed castes reveals that the fight against caste-based oppression is far from over.

The Indian caste system is perhaps one of the oldest and most rigid forms of social stratification around the globe. Dating back to more than 3,000 years ago, its history has contributed to the religious, social, and economic portrait of Indian society. Understanding the persistence of caste-based discrimination in modern India requires analyzing the historical development of the caste system and its evolution.

Origin of the Caste System:

The caste system has its origins in ancient Hindu scriptures, such as the Rigveda- the oldest religious text in the world. The Rigveda talks about a social organization under the name varna system and divides the people into four broad categories or "varnas":[2]

1. Brahmins: the priests and scholars who were in charge of religious rituals and teaching.

2. Kshatriyas: warriors and rulers, hence entrusted with the responsibility of protection and leading society.

3. Vaishyas: The traders and agriculturalists, concerned with trade and agriculture.

4. Shudras Laborers and artisans. They have to work for the other three castes.

Apart from these four varnas lay the Avarna or Dalits, referred to as "Untouchables," who fell outside the formal caste hierarchy. It was handed the most menial and degrading job of cleaning and handling dead bodies and animal skins. They were considered "polluted" and often shunned by mainstream society.

In this regard, note how the varna system evolved; in its original form, as described in ancient texts, it was hardly recognizable in the now-rigid system. The division of labor was not necessarily hereditary, and some initial degrees of social mobility existed, but structures became rigid and exclusionary over time.

Originating from a far earlier varna system by which society was divided into four groups: Brahmins (priests), Kshatriyas (warriors), Vaishyas (traders), and Shudras (laborers), another group, the Dalits (known formerly as "Untouchables"), fell outside these and were treated with extreme prejudice. The social hierarchy from this system created occupation, status in society, and even interaction between groups.

Although Indian independence occurred in 1947, and constitutional measures have been undertaken to legally rescind discrimination based on caste, social hierarchy under a more subtle, sophisticated form is still evident.[3]

Legal Framework and Policies

The Indian Constitution of 1950 explicitly banned caste-based discrimination under Articles 14, 15, and 17. It also had in place protections for the Dalits and tribal communities. There have been landmark policies in the name of social justice, such as:

Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) in education, employment, and politics.

Prevention of Atrocities Act, 1989: This act has been established to protect marginalized people against violence, discrimination, and exploitation.

Positive Action: Positive actions are trying to uplift the erstwhile marginalized through education and government jobs.

Contemporary Caste Discrimination

Casteism still prevails, despite the presence of legal measures, in education, employment, and politics

1. Education:

The schools and colleges form a place where students, especially the ones from disadvantaged backgrounds such as Dalits, feel discriminated against within the educational setup. This boosts the drop-out ratio and consequently hampers the study performance.

Seclusion in schools, scholarship denial, and denial of student forums remain unabated.

2. Employment:

There is a reservation policy followed in the public sector, which marginalizes Dalits and other sections in the private sector.

It is replete with extensive caste-based employment and workplace discrimination, especially in the informal sectors, which further reinforces Dalit economic marginalization.

3. Social Discrimination:

Social exclusion continues but is still primarily reported in rural areas where caste practices, such as blocking entry to certain temples, exclusion from the use of common water sources, or refusing to allow them access to common amenities or services are still common.

Inter-caste marriages are considered taboo, and inter-caste marriages are strongly opposed. Marrying across castes hurts the couples in many ways from their families and communities, and sometimes such cases even turn into honor killings.

4. Violence Against Marginalized Communities:

Dalits and tribal communities face violent atrocities in every aspect of their bodies, like a beating, rape, murder, and the list go on. Most of the violence against caste communities is unreported or gets rejected by the governments, thereby making the cycle of violence and oppression again.[4]

A few grass root and political movements have emerged against caste-based discrimination in modern India:

Dalit Movements: The major crusaders and leaders in to fight against caste-based oppression include Dr. B.R. Ambedkar, the drafter of the Indian Constitution. In recent times, Dalit rights organizations have spearheaded this crusade for equal rights, land redistribution, and greater political representation.

Judicial Interventions:

The judiciary has been quite proactive in asserting the rights of the marginalized sections. Important judgments in that sense include the two-finger test ban in rape cases and the reservation judgments.

Activism and Social Media:

The social media revolution, alone has been a very powerful source that has rendered silent voices more audible to a bigger audience. Of late, perhaps all caste-based issues are being amplified.

Dalit activists use the platforms to work towards protests, awareness building, and documentation of instances of discrimination that would otherwise have never surfaced in the open. [5]

Challenges and the way forward

1. Lack of Implementation: Despite the protective laws for the practice towards marginalized communities, poor implementation and lack of accountability stand as the major hurdles in this respect making the law effective.

2. Caste in Urban India: Though the practice of caste-based discrimination usually crops up in a more blatant form in rural areas, it is not absent from urban India. Housing discrimination and social exclusion are just some of the subtle forms of bias still prevalent here.

3. Economic Terms Inequality: The gap in economic terms due to caste is also big. Proper employment, land reforms, and credit facilities are necessary to empower the economy.

4. Transitional Changes in Societal Attitudes and Relations: The deep-rooted caste attitude needs a change to make progress effectively. Education, awareness, and interface between castes will break the barrier of caste mentality.[6]

Conclusion:

Despite such giant progress achieved by India in its legal, political, and social fields, caste-based discrimination is a form of social inequality that persists and refuses to bend everywhere in the world. This centuries-long codified and rigid caste system weaves deep into the socio-economic, cultural, and religious fabric of the country. Though India has, to a large extent, delivered successes through constitutional measures, affirmative action policies, and legal frameworks instituted for equality and the protection of the rights of marginalized people, the depletion of caste-based discrimination has proved much more strenuous and shrouded in mystery.

In modern India, casteism persists in explicit as well as implicit forms. Social exclusion, violence, and segregation flourish there. However, it cannot be claimed that urban India is untouched by this malaise; caste bias, after all, creeps into jobs, houses, and educational access in subtly different ways. Legal provisions such as the Prevention of Atrocities Act and affirmative action policies have made a difference for sure, but oftentimes such a strong ingrained societal system defeats these efforts. Corruption, weak enforcement, and deeply entrenched social attitudes and norms mean that many communities remain oppressed, discriminated against, and constantly live in violence.

Continuation of these struggles against casteism by civil society, Dalit movements, and social justice advocates is a must. Education, cultural change, and the development of digital platforms are, however, more crucial for increasing their output. Social media has played an important role in revealing atrocities based on caste and popularizing campaigns, as well as voicing victims' demands while giving voice to those voices that were not heard for centuries.

Ultimately, how far India manages to remove caste-based discrimination will determine its success in social justice. A casteless society where the value of a person is not ascertained by birth but by one's capabilities, deeds, and character remain a distant dream still but conceivable. The challenge to democracy continues and takes new forms because the even more fundamental challenge ahead is getting people to believe that caste no longer forms an important determinant of either a person's worth, opportunity, or social standing. This will be a long and hard journey, but it is one India must take on its way to being its best self as a fair and just society.[7]

References

[1] 'Caste System in India' Wikipedia (Wikipedia, 1 September 2024) https://en.m.wikipedia.org/wiki/Caste_system_in_India accessed 24 September 2024.

[2] Robert Wilde, 'A History of India’s Caste System' (ThoughtCo, 10 September 2019) https://www.thoughtco.com/history-of-indias-caste-system-195496 accessed 24 September 2024

[3] Joshua J Mark, 'Caste System in Ancient India' (World History Encyclopedia, 12 December 2017) https://www.worldhistory.org/article/1152/caste-system-in-ancient-india/ accessed 24 September 2024

[4] 'Caste Discrimination and Related Laws in India' (Citizens for Justice and Peace, 17 February 2022) https://www.google.com/amp/s/cjp.org.in/caste-discrimination-and-related-laws-in-india/amp/ accessed 24 September 2024.

[5] 'Caste Movement in India' (Vajiram and Ravi, 1 September 2024) https://vajiramandravi.com/quest-upsc-notes/caste-movement-in-india/ accessed 24 September 2024.

[6] 'Attitudes About Caste' (Pew Research Center, 29 June 2021) https://www.pewresearch.org/religion/2021/06/29/attitudes-about-caste/ accessed 24 September 2024

[7] Chandrakant Lahariya, 'Caste, COVID-19, and Inequalities: A Review of Determinants of Health in India’s Caste System' (2021) 11(11) Indian Journal of Medical Research https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8592103/ accessed 24 September 2024.