Casteism and Caste-Based Violence in India

Abstract 

The concept of caste has long since existed in India. Casteism stems from this concept of caste  itself. It is so deeply ingrained in our society that even today, a large number of people are  subjected to caste-based violence and discrimination in their everyday lives. This research  paper will highlight the concept of caste and how casteism came about, the types of caste-based  violence and discrimination that people belonging to lower castes are subjected to, the causes  of this violence, the implications of caste-based crimes, followed by suitable redressals and  safeguards available for such acts of violence and hate crimes. 

Introduction 

To understand caste-based discrimination better, we first need to start with the question of what  exactly it is. Caste-based discrimination is when people, usually of upper castes, look down  upon and treat the people of lower castes with prejudice and in an undignified manner. Caste based discrimination was and is still prevalent in various parts of India. This discrimination  stems from the very institution of the concept of the ‘caste system’ itself. Caste has long since  existed in India but when exactly was the caste system established? Well, there are different  theories regarding the origin of the caste system in India. The religious theory claims that the  Varnas were created from the body of the Brahma, the creator of the world. The Brahmanas  were created from his naval; the Kshatriyas from his hands; the Vaishyas from his thighs and  the Sudras from his feet. On the other hand, according to the social-historical theory, the origin  of caste system finds its origin in the arrival of Aryans in India, i.e., around 1500 BC.¹

Let’s talk about violence based on caste now. Caste-based violence and discrimination are  similar in that they target members of lower castes at the expense of upper caste members.  However, the violence is much more severe and often involves various forms of physical and  psychological abuse. This category includes caste-based assaults such as harassment, social  boycotts, arson, forced relocation, rape, murders, and so on. Similar to caste-based discrimination, caste-based violence has its roots in the development of the idea of a caste  system. Now, let’s examine casteism in more detail and dig deeper into the topic to gain a better  understanding of the ideas that this research paper will cover. 

Types of Caste-Based Discrimination in India 

Forced, Bonded and Child Labour 

According to several studies, Dalits in India are much more likely to become victims of modern  slavery, including forced, bonded, and child labour. Certain castes (the Dalits) in India are  expected to engage in particular types of forced labour, such as the Devadasi practice of forced  prostitution and the practice of manual scavenging. Beyond this, there is widespread use of  Dalits as bonded labour in the informal economy as well as in the mining, textile, and  agriculture sectors. 

Dalit children are also particularly at risk for child labour and child slavery as they are born  into marginalisation and often discriminated against at school. Key reports from Harvard and  many others, and statements by Nobel prize winner and child rights activist Kailash Satyarthi,  find that most child labourers in India are either lower caste or minorities and that  discrimination plays a key part in sustaining slavery and child labour in the country.²

Prejudice in the Field of Education 

In nations where caste is a factor, discrimination against Dalits in the educational system is a major issue. From elementary school through tertiary education, physical abuse, social  exclusion, and alienation are pervasive in society. Dalits have extremely high rates of illiteracy  and dropouts because of a variety of social and physical factors. The laws and other actions  that have been taken to stop this are frequently not carried out properly. 

Children from Dalit families frequently experience such stigmatising forms of structural  discrimination and abuse in schools that they are compelled to leave school. The discriminatory  actions of teachers, which can include physical punishment, denying Dalits access to school  water supplies, separating Dalits from other students in the classroom and making them eat  separately, and making Dalit children perform manual scavenging on and around school  grounds, are among the primary problems.

Children belonging to the Dalit community also encounter prejudice from their peers and the  wider community. Members of the dominant caste, in particular, view Dalit education as a  challenge to the established power structures in villages. 

Discrimination against Dalits is equally common in higher education institutions, where  dominant caste students, faculty, administrators, and teachers engage in intolerance, prejudice, and harassment. Dalit students face social exclusion and physical abuse, unfair exam failures  due to teachers’ disregard for them, and a lack of support from the university administration.  These are just a few examples of how caste bias is showing itself. 

Untouchability 

The idea of untouchability and stigmatization—the persisting belief that Dalits are “polluting”  the castes above them—are frequently the root causes of discrimination in education and most  other areas of society. For Dalits, widespread discrimination and untouchability in India pose  a serious barrier to their access to essential services like food, housing, healthcare, and water  and sanitation. 

According to the Human Development survey merely five percent of Indians said they had  married a person from a different caste, and 27 percent of households self-reported engaging  in untouchability practices. When Brahmins (dominant caste) were asked, 52% self-reported  to not allow a Dalit to use their kitchen utensils, a common practice of untouchability. The  survey findings on untouchability were particularly stark in some states where untouchability  across castes was found to be almost 50%.³

Discrimination Against Women 

In India, caste divisions and extreme patriarchy coexist in a society that is predominantly male. They are routinely denied choices and freedoms in all areas of life due to the severe  discrimination they face for being both a Dalit and a woman. This makes them a prime target  for violence. Due to wildly unbalanced social, economic, and political power dynamics, caste  and gender discrimination are pervasive in society. 

Dalit women are seen as easy targets for sexual assault and other crimes because of the severe  restrictions on women’s access to the legal system and the pervasive impunity in cases where  the offender belongs to a dominant caste. These factors increase the likelihood that the perpetrators will get away with their crimes. Statistics cited in the 2015 Equity Watch report  also show that according to official national crime statistics, rape cases registered against Dalit  women have increased by over 47% since the previous decade.⁴

In addition to being severely disadvantaged in the educational system and facing significant  barriers to receiving basic services, Dalit women are also highly susceptible to forced  prostitution and slavery based on caste. 

Social and Economic Rights 

Deeply rooted discrimination still restricts people’s ability to exercise their social and economic  rights, including their right to land. Generally, there is conflict and dispute over land rights between Dalits and dominant castes because the latter may attempt to take Dalit land through  violence, threats, and force. Dalits are susceptible to exploitation by those who do own land  because they frequently do not. 

The welfare of these marginalized groups is supported by special budgets (the Scheduled  Castes and Scheduled Tribes sub-plans, or SCSP & TSP) in India. Nonetheless, funding  allocated for Adivasi and Dalit posts is routinely shown to be diverted to other, unrelated  positions. Dalit rights organisations in India have been advocating for the allocation of a fair 

share of the budget to the Dalits and Adivasis, and are attempting to exert pressure on the  Government to cease reducing these already embezzled funds. 

Causes of Caste-Based Violence in India 

The genesis of caste-based violence and discrimination in India can be traced back to the  establishment of the concepts of ‘caste’ and ‘caste system,’ as was covered in the introduction. Let’s first review the fundamentals in order to better comprehend this. 

What does ‘caste’ and ‘caste system’ refer to? 

Caste can be defined as a hereditary and hierarchic system of social grouping distinguished by  degrees of purity, social status, and exclusiveness. Those who do not belong to any of the four  main varnas (Brahmins, Kshatriyas, Vaishyas, and Shudras) are considered ‘impure’ and thus  ‘polluting’ to other caste groups. They are seen as ‘untouchables,’ and named by several states as ‘scheduled castes’ and have chosen the name ‘Dalit’ for themselves, which means broken  people. 

The caste system is based on the underlying principle that each caste has a fixed hereditary  occupation by birth. Occupations under the caste system are compulsory and endogenous,  resulting in the exclusion of one’s caste from carrying out the occupations that ‘belong’ to  another caste. Dalit people have traditionally been prohibited from engaging in certain types of  jobs, such as food production, and forced to undertake jobs that are considered impure, such as  leather work and manual scavenging.⁵

Now, returning to the subject of what causes violence based on caste. In India, a few of the  main reasons behind caste-based violence are: 

Hierarchy Established through the Caste System 

The core cause of the caste-based atrocities carried out in India is the hierarchical structure of the caste system, which grants greater privileges and power to those from higher castes. Certain members of the upper caste feel superior to others because of the caste system, and this leads  to their eventual exploitation of the lower caste. 

Improper Implementation of Laws 

In our nation, there are laws specifically designed to stop the exploitation of lower caste  members. The SC/ST (PoA) Act, 1989⁶, among other laws, was created to shield the general  public—and the SC/ST community in particular—from acts of violence. However, caste-based  crimes persist in modern times despite the existence of these laws. 

Uneven Distribution of Political Authority 

Because members of higher castes typically enjoy greater political power and freedom than  members of lower castes, lower caste members are underrepresented in politics. The upper  castes emerge to assert their dominance over the lower castes as a result of this imbalance of  political power. 

Inter-Caste Marriages 

It is generally frowned upon for members of different castes to marry, which leads to crimes  and violence against those from lower castes. Since many Indian households have not  historically accepted inter-caste marriages, those in positions of power often discriminate  against and retaliate against lower-caste individuals. 

Social Norms and Cultural Beliefs 

Social mores and cultural precepts that are frequently handed down through the generations  support the idea of superiority and inferiority based on caste. The normalization of  discriminatory attitudes and behaviours by these norms makes it difficult to end violence based  on caste. Due to societal pressure and the upbringing of children in a very caste-centric  environment, these individuals after growing up find it difficult to adjust with those belonging  to lower castes, thereby subjecting them to discrimination and violence. 

Economic Exploitation 

Sometimes economic motivations drive violence against caste. People from lower castes may  experience economic oppression, forced labour, and exploitation at the hands of upper-caste groups, which can spark conflict and violence. 

Implications of Caste-Based Crimes in India 

Loss of Human Rights 

The atrocities committed against members of lower castes on the basis of caste lead to  violations of human rights. These include infringements upon rights such as equality, dignity,  and life, and the victims typically experience mental distress as a result of these violations. 

Division in Society 

In addition to causing social division and boundaries, caste-based crimes can also cause  division within society. At a very young age, when they most likely don’t even understand the  definition of “caste,” these distinctions and boundaries are ingrained in children. Lower caste  members become estranged from upper caste members as a result of this sense of alienation  that persists in children into adulthood. 

Aspect of Fear

As a result of the unpredictable nature of those who can abuse them, victims of caste-based  violence always live in fear. They can’t let their guard down and live freely like the powerful  because they never know when they might become the target of caste-based violence. 

International Status 

The international reputation of India as a democratic and progressive nation is adversely  affected by the continued occurrence of violence based on caste. This widespread nature of  violence and discrimination based on caste identities concerns people throughout the world and  highlights the shortcomings of this flawed system of caste. 

Loss of Faith in Institutions 

The justice system, law enforcement, and state institutions are all under attack from violence  motivated by caste. Because they are afraid of becoming victims again or because they don’t  trust the system, victims and their communities might be reluctant to report incidents or seek  justice. 

Barrier to Development 

The rise of lower-caste communities is impeded by caste-based violence, which also makes it  difficult for them to advance in other areas such as healthcare, education, and employment. Due to these obstructions, their growth is hampered and more often than not, they are succeeded  by their counterparts just because they are provided with less opportunities to excel and exhibit  their talents. 

Safeguards Provided to Lower-Caste People Against Caste-Based Violence  in India 

Constitutional Provisions: 

Article 14: No person shall be denied treatment of equality before the law or the equal  protection of the laws within the territory of India. The right is extended to all persons whether  citizens or foreigners, statutory corporations, companies, registered societies or any other type  of legal person. 

Article 15: The State shall not discriminate against any citizen on the basis of religion, race,  caste, sex, place of birth or any of them.

Article 16: No citizen shall be disqualified for any office under the State on the basis of religion,  race, caste, sex, descent, place of birth or any of them. 

Article 17: ‘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 in  accordance with the law. 

Article 335: Provides that the claims of the members of the SCs/STs shall be taken into account,  along with the maintenance of efficiency of administration, in the making of appointments to  services and posts in connection with the affairs of the Union or of a State. 

Article 330 and Article 332: Reservation of seats for SCs/STs in the Lok Sabha and State  legislative assemblies. 

Constitutional Bodies: 

National Commission for Scheduled Castes. 

National Commission for Scheduled Tribes. 

Statutory Provision: 

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018.⁷ Reservation in Local Bodies: 

Under Part IX relating to the Panchayats and Part IXA of the Constitution relating to the  Municipalities, reservation for SC and ST in local bodies has been envisaged and provided.⁸

Potential Remedies and Prevention Strategies for Crimes Based on Caste in  India 

Enhancing the Law’s Implementation: 

Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act of 2013, the  SC/ST Act of 1989, and the Protection of Civil Rights Act of 1955. 

Improving Governmental Establishments: 

To prevent, investigate, prosecute, punish, and rehabilitate offenders, the police, judiciary,  education, health, and welfare sectors are involved. 

Encouragement of Sensitization and Awareness: 

Among all parties involved, including political parties, academic institutions, media, religious  authorities, people from higher and lower castes, and civil society organizations. 

Strengthening SCs and STs: 

By means of social mobilization, legal assistance, work, land rights, political representation,  education, and counselling services. 

Promoting Communication and Peace-Making: 

Fostering respect for diversity and human dignity, dispelling myths and prejudices, and  fostering a sense of trust and unity. 

Initiatives Taken by the Government 

Land Reforms: 

The goal of land reforms is to distribute land more fairly and to elevate those who are  marginalized. There were four parts to India’s land reforms after independence: 

– The Abolition of the Intermediaries 

– Tenancy Reforms 

– Fixing Ceilings on Landholdings 

– Consolidation of Landholdings. 

Constitution (Scheduled Castes) Order of 1950 (amended in 1956 & 1990): 

It acknowledged Dalits as Scheduled Castes, including Hindu Dalits and Dalits who had  converted to Buddhism and Sikhism. A number of petitions asking for the inclusion of Dalit  Muslims and Dalit Christians as Scheduled Castes are currently being heard by the Supreme  Court. 

Pradhan Mantri Kaushal Vikas Yojana (PMKVY):

Its goal is to encourage young people to pursue skill development in order to boost productivity  and match certification programs and training to national needs. 

SANKALP Scheme: 

The Ministry of Skill Development & Entrepreneurship (MSDE) runs the outcome-oriented  Skills Acquisition and Knowledge Awareness for Livelihood (SANKALP) program, which  focuses primarily on decentralized planning and quality improvement. 

Stand Up India Scheme: 

The Stand Up India Scheme was established in April 2016 with the goal of fostering grassroots  entrepreneurship with an emphasis on job creation and economic empowerment. to contact the  underprivileged population, including women entrepreneurs, SCs, and STs, by utilizing the  institutional credit structure. 

Pradhan Mantri Mudra Yojana: 

This initiative uses a variety of last-mile financial institutions, including banks, non-banking  financial companies (NBFCs), and microfinance institutions (MFIs), to finance small  businesses that are not corporations. Credit has been extended to underprivileged groups in  society, including minority community borrowers, women entrepreneurs, and SC/ST/OBC  borrowers. New entrepreneurs have also been the subject of attention. 

Conclusion 

The aforementioned topics provide us with an overview of the history of the terms ‘caste’ and  ‘caste system,’ as well as the idea of caste-based violence and discrimination in India. We  gained comprehensive knowledge about the reasons behind and consequences of caste-based  crimes in India, as well as the protections afforded to individuals from lower castes against  such violence. 

These caste-based atrocities, in my opinion, will persist in our nation as long as appropriate  action is not taken. Policies include enforcing the existing laws more strictly and ensuring that  they are applied correctly; raising awareness among all societal segments and refraining from  teaching or engaging with the concept of ‘caste’ in children; and, finally, doing everything  within our power to assist in empowering members of lower castes by providing them with  access to healthcare, education, and adequate employment opportunities. This is, I suppose, the only way that some measure of equality can be attained and that individuals from all castes can  coexist in harmony with one another without feeling unsafe or afraid.

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5. Rikke Nöhrlind, CASTE-BASED DISCRIMINATION IN SOUTH ASIA, Jun. 9, 2009,  https://www.europarl.europa.eu/meetdocs/2009_2014/documents/droi/dv/201/201102/20110228_510eustudy_en .pdf. 
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6.  The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, § 3, No. 33, Acts of  Parliament, 1989 (India).
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