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

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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.

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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

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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RESEARCH & ANALYSIS ISSN 2582-6433 welcomes contributions from all legal branches, as long as the work is original, unpublished and is in consonance with the submission guidelines.

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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.

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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).

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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.

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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. This manipulation led to the belief that the upper class had more merit and was intellectually more superior. Even today, the lower cate families are afraid of going into the education system as they trepid being ill-treated. History gives testimony of how even when the British raj made it known that education is a right of every Indian citizen.

"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 law.9

To fulfill the Constitutional provisions pertaining to Dalits, India has passed various laws to enact to protect their rights. Some of them are: • The protections of the Civil Rights Act, 1955. • The Bonded Labour (Abolition) Act, 1976. • The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 • The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

In 1980, the commission's report upheld affirmative action and recommended 27 percent reservation in jobs in the Central Government as well as Public Sector Undertakings (PSU).10 The report's recommendations were ignored for over a decade. Its implementation was considered only in 1990 by the VP Singh government, causing widespread protests across the country where nearly 200 upper-caste students attempted suicide by self-immolation. Sixty-

8 Govt schemes: Dalits to work as ‘business correspondents’, The Hindustan times,(10 october , 2020, 11:30am), https://www.hindustantimes.com/cities/govt-schemes-dalits-to-work-as-business- correspondents/story-U8rrzUDNnBJ8GafXHYOtrO.html. 9 The constitution of India, art.17(1950). 10 Supra,@ 8.

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eight of them succumbed to their injuries. Cases like Bandhua Mukti Morcha11 and Neeraja Chaudhary12 are illustrations wherein "the Supreme Court relaxed the rigor of locus standi and gave constitutional dimensions to various statutory rights. Many argue saying that leaving the past behind is the way forward. Therefore, further reservations and upliftment programs for these menial communities are no longer required; although India's caste system's history goes obscurer than one can fathom or logicalize. An example of the height of its atrocities would be an example of discrimination and exclusion shown by the Peshwas of Pune and their manner of treating Dalits.13 They were not only forced to wear a small pot tied with a string around their neck to collect their spit, but many Dalits were also made to wear a broom behind their back to wipe away their footprints! Such instances provide sustenance for the justifications of reservations.

A PRAGMATIC WAY FORWARD: Let alone being "digitally aware," Dalits don't know the fundamental rights they are obligated to receive. Again, the social hierarchy conquers as erudite and aware will reap the governments' schemes and reservations' benefits, leaving scraps for the minorities and poor. The government organizations should issue a research team to compartmentalizes and determine the areas that need serious attentiveness. —determining and proving which population is underdeveloped and undernourished while issuing schemes and uplifting programs for the rightful communities to advocate these schemes. This was a confirmed benefactor for communities while stopping violent and unnecessary riots, such as The Jats14 and Patel riot which happened. many from this community were not underprivileged but claimed they were, causing commotion and harassment of many civilians. The real problem is those who don't have adequate food to eat on their plate, let alone start a riot. Uttar Pradesh accounted for a fourth of all crimes against Scheduled Castes in 2019. 15

Revolutionaries and educated individuals knew the key to progression; one such individual was D.R. Ambedkar. He established the People's Education Society in 1945, which believed

11 Bandhua Mukti Morcha vs Union Of India,1984 AIR 802. 12 Neeraja Chaudhary vs State Of M.P,AIR I984 SC1099. 13 Adrija Roychowdhury, Battle of Koregoan: Why the Dalits hate Peshwas and celebrate this British ‘victory’, The Indian express, (9october,2020,10:00am), https://indianexpress.com/article/research/battle-of-koregaon- dalits-mahar-maratha-peshwa-maharashtra-protests-5010172/. 14 Leena Misra, Patidar agitation: Spurred by Jat reservation in Haryana, compromise is elusive in Gujarat, The Indian Express,(10october,2020,9:15am),https://indianexpress.com/article/explained/patidar-agitation-spurred- by-jat-reservation-in-haryana-compromise-is-elusive-in-gujarat-2759196/. 15 Supra,@ 7.

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that increasing access to education to the Dalits would increase their empowerment. He thought that a higher level of education would cause the Dalits to realize their position so that they would aspire to the highest Hindu places, and that they would consequently use political power and influence as the means to an end to their oppression. The Dalits have faced a bit of progress in determining an equal position in Indian society. Under the Poona Pact, a earmarked number of seats in the national legislature were reserved for Dalit applicants only elected based solely on their Dalit constituents' votes. Education is the strategy for upliftment. Schools and free education schemes should be set up in rural Ares. Many of the lower castes still practice female infanticide and disapprove education of the girl child. There needs to be a particular reservation of seats for the girl child in many education and professional fields. Though there are such upliftment programs for women, nonetheless, the families' cost and lack of awareness again blow a fatal knock on the legislation.

CONCLUSION. Rights are upheld only when one knows their rights. We can't expect the unfortunate caste communities just to be uplifted without proper awareness and education. One that doesn't even know they have rights will not fight for it. This is the main reason why there is special reservations and schemes for this community as they have been suppressed for so many centuries that they have overlooked the fact that they are nothing but equal to every other citizen of this country and justify more if yet not the same treatment to be at a bar and get all the opportunities another person from a different caste would get. Many of the upper caste societies have left their titles behind and driven towards change. However, acknowledging the power of caste and labels is a problem itself. Due to the deficiency of monetary aid, the atrocities towards these communities get undetected. When noticed, they barely get enough compensation to fend for themselves. In its place, they settle for the next best thing or bribes instead of being in a predicament situation. For too long have these communities been in the shadow and the bottom of the social pyramid, 2020, and It is time for upliftment and egalitarianism!

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"Resolving disputes through Lok Adalat not only minimizes litigation expenditure, it saves valuable time of the parties and their witnesses and also facilitates inexpensive and prompt remedy appropriately to the satisfaction of both the parties."

The interruption in judicial proceedings is caused due to the bar members of the bench getting caught up in redundant procedures. A system of routine guidelines facilitates the judiciary's application and leads to a stronger inclination towards fairness and equity. However, for all the obstacles, the statistics are promising. Systems like the Lok Adalat’s have helped to diminish the pendency of cases. Putting our faith in this system will result in great chasms and hopefully attain our goal of a well operated, competent, and effective judiciary.

The Permanent Lok-Adalat is an advanced version of Lok-Adalat with additional features of having residuary powers. Therefore, with these advanced versions, it can act confidently, efficiently and does not differ upon parties' leniency to compromise and settle at per their choices at any stage. Therefore, the permanent Lok-Adalat has residuary jurisdiction, in addition to the jurisdiction enjoyed by the Lok- Adalat, to decide the dispute by Section 22C (8) even if the conflict between parties failed after conciliation.

All in all, the lecture allowed the 5th year students of symbiosis to witness how the Lok Adalat's are implemented. Since the pandemic, the students have missed various opportunities to attend live courts and trials, although the lecture derived by Mr. Chauhan fell nothing short of the live experience.