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Volume 1 Issue-7 (Varshitha Reddy) INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS (ISSN 2582 – 6433) VOLUME I ISSUE VII (DECEMBER 2020) Email – [email protected] Website – www.ijlra.com 56565656565651 www.ijlra.com Volume IIssue VII|December 2020 ISSN: 2582-6433 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Managing Editor of IJLRA. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of IJLRA. Though every effort has been made to ensure that the information in Volume I Issue VII is accurate and appropriately cited/referenced, neither the Editorial Board nor IJLRA shall be held liable or responsible in any manner whatsever for any consequences for any action taken by anyone on the basis of information in the Journal. Copyright © International Journal for Legal Research & Analysis 1 www.ijlra.com Volume IIssue VII|December 2020 ISSN: 2582-6433 EDITORIAL TEAM EDITORS Ms. Ezhiloviya S.P. Nalsar Passout Ms. Priya Singh West Bengal National University of Juridical Science Mr. Ritesh Kumar Nalsar Passout Mrs. Pooja Kothari Practicing Advocate Dr. Shweta Dhand Assistant Professor 2 www.ijlra.com Volume IIssue VII|December 2020 ISSN: 2582-6433 ABOUT US INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANLAYSIS ISSN 2582-6433 is an Online Journal is Quarterly, Peer Review, Academic Journal, Published online, that seeks to provide an interactive platform for the publication of Short Articles, Long Articles, Book Review, Case Comments, Research Papers, Essay in the field of Law & Multidisciplinary issue. Our aim is to upgrade the level of interaction and discourse about contemporary issues of law. We are eager to become a highly cited academic publication, through quality contributions from students, academics, professionals from the industry, the bar and the bench. INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS ISSN 2582-6433 welcomes contributions from all legal branches, as long as the work is original, unpublished and is in consonance with the submission guidelines. 3 www.ijlra.com Vol ume IIssue VII|December 2020 ISSN: 2582-6433 THE CASTE SYSTEM: A PANDEMIC THAT NEVER GOT ERADICATED. (By Varshitha Reddy) ABSTRACT: The caste system still prevails in India, yes, we approach further into the 20th century, and some cultures have not eradicated it. Suppose we take a brief outlook on today's social hierarchy. In that case, we can coincide that with the caste system's survival that prevailed almost 30001 years ago - The society in which the most learned individuals excel and impart knowledge onto others, such as doctors, lawyers, professors, etc.; I.e.-(deemed as learned brahmins 3000 years ago). Next, we move down to society's strengths and pillars, such as leading business tycoons, famous elites, commanding officers, and politicians with money and influence. We can also put specific privileged individuals who have inherited these titles from their ancestors (i.e.-considered the mighty Kshatriyas 3000 years ago). Moving lower, we reach the merchants and farmers or the 'middle-class' people who try their best to make ends meet and try to move up the pay grade scale. Artists and upcoming individuals can fall under this category. They use their wit and inborn skills to move up to the so-called "only pedigree profession" category eventually; i.e.- (The Vaishyas were also merchants around 3000 years ago.) Now we move to the lowest block of this pyramid, and that would be the underprivileged, discriminated, and forgotten. Such as the transgender people and sex workers and those communities that barely get food on their plate and are repeatedly abused by the system; i.e. -(the Dalits had the same troubles almost 3000 years ago, mere slaves to the social hierarchy and treated as 'untouchables'). If we connect these dots, we see how we overlook this social hierarchy until today and try our best to move up from it. Although the ones moving up are mainly from the first three tiers of the pyramid, merely leaving scrapes to the penurious. In this paper, the author addresses the caste system and how it still prevails, highlighting how the mere legislation meant to protect the underprivileged only acts as a needle in the haystack for the ones that need, answering the age-old question-'does the caste system still 'exists?. 1 What is India's caste system?, BBC news,(10 October, 2020, 10:15am), https://www.bbc.com/news/world- asia-india-35650616. 4 www.ijlra.com Vol ume IIssue VII|December 2020 ISSN: 2582-6433 Key words: Caste System, Dalits, Social hierarchy, Reservations, discriminated INTRODUCTION: Since the past five decades or so, caste and minority upliftment programs are being propagated by the government. They have done a drastic job at removing the caste system's immense harshness, yet there are so many instances in which these legislations have proved futile. One such recent controversy was that of the Hatrass Dalit rape case.2 Her caste's contemplation played a significant role when instead, the entire motivation should have been on only instigating justice and criminating the actual harassers. Such cases show the system's corruption and how these Dalit voices are silenced and only opened when political agendas are needed. After introducing the Scheduled Caste and Scheduled Tribe Prevention of Atrocities Act of 19893, the caste system's practice became prohibited in India. Notwithstanding increased government involvement, the discrimination and exploitations of individuals of lower castes still occur. Today, the Dalit population represents 16% of the country's population and still battles to attain social equality. There remains geographical division within Indian cities and villages, which epitomize the caste system's role in today's society.4 THE CASTE SYSTEM AND 2020: CASTE VIOLENCE AND 2020: Generally, people categorize caste violence predominantly in north India, though the south districts have an underlying caste issue. Upper castes are typically preferred in workplaces and ranked with virtue, inter-caste marriages are still grimaced upon and yet remains a social stigma. According to the Indian government's 1996-1997 annual report for the Ministry of Human Affairs, caste-related incidents in 1996 in the southern state of Tamil Nadu increased by 34 percent over previous years. Out of 282 testified incidents,5 238 took place between scheduled castes and other backward communities. 2 Hathras case: A woman repeatedly reported rape. Why are police denying it?, BBC news, (10 october, 2020, 11:00am), https://www.bbc.com/news/world-asia-india-54444939. 3 The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Act No. 33 of 1989,(1989). 4 Eric Fraser ,The Dalits of India: education and development, E-International Relations,(8 october, 202, 9:00am), https://www.e-ir.info/2010/06/23/the-dalits-of-india-education-and-development/. 5 Ministry of Home Affairs, Annual Report: 1996-97 ,New Delhi: Government of India, (1998). 5 www.ijlra.com Vol ume IIssue VII|December 2020 ISSN: 2582-6433 In May 2018, a young Dalit, Kevin Joseph’s life, was taken by his wife's relatives in Kerala due to his marriage to an upper caste women. Principal sessions court judge C. Jayachandran noted in the judgment that the motive of the murder was caste discrimination. This was one of many incidents that newspapers consistently report on. Crime against Scheduled Castes (S.C.s) and Scheduled Tribes (S.T.s) saw an upsurge of over 7% and 26% correspondingly in the year 2019 compared to 2018; of late, privileged India has been forced to grasp of the 'other' India because of a series of proceedings that brought to light their plight. 6First was the suicide of Rohith Vemula, a Dalit Ph.D. student whose demise was dubbed 'institutional murder' by the burgeoning student movement in the country. Then came the Una lynchings where four Dalit family members in Gujarat were openly battered for skinning a deceased cow. And then finally, when the New Year's Day attack on the Dalit community led to a statewide strike in Maharashtra, bringing even Mumbai – a city that never sleeps – to a grinding halt. In 2019, 204,191 cases involving S.C.s were up for trial in India, and only 6%, or 12,498, saw the trial completed. Of this, only 32% of cases led to a conviction and 59% to an acquittal.7 Less than 10% of the registered instances on crimes against S.C.s were found false. The pendency of cases across India in which the marginalized caste was the victim was nearly 94%, exhibited a report by the National Crime Records Bureau (NCRB). Such reports show proof of how certain backward and concentrated areas need upliftment and educational reform. 6 Caste Discrimination and Related Laws in India, CPJ,(10 october, 2020, 10:am),https://cjp.org.in/caste- discrimination-and-related-laws-in-india/. 7 Dhrubo Jyoti, UP reported 25% of crimes against people from SC communities, Hindustan Times, (10 October, 2020,11:00am),https://www.hindustantimes.com/india-news/up-reported-25-of-crimes-against- scs/story-13sLTLV0JXhI0vJnGqFaOP.html. 6 www.ijlra.com Vol ume IIssue VII|December 2020 ISSN: 2582-6433 LEGISLATIONS AND THE CASTE SYSTEM: "Dalits are least aware of digital platforms. They are also not familiar with the working of banks. So, the government has decided to appoint Dalits as 'business correspondents' to help members of the Dalit community in executing various online transactions".8 Technology is the tool for modern awareness and is the foundation of a growing economy. Being digitally aware and technologically advance helps keep individuals up to date and be mindful of their surroundings and rights. The caste system was built on the exploitation of those deemed learned.
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