LEGAL PERSECTIVES ON CASTE: RIGHTS, PROTECTIONS, AND CHALLENGE
Category: ARTICLE
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This article analysis the caste system of India. It focuses on the evil effects of the caste system like Untouchability, discrimination and inferior status of women. This article also focuses the various constitutional provisions which are provided by our law makers in the constitution of India. It talks about the various constitutional laws which safeguards the fundamental rights of the SC and ST people. It talks about the Article 15 of the constitution of India which forbids any from of discrimination like caste , sex , race and birth. This articles also emphasizes on the legal framework like Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 . This article calls for new approach for the safeguards of the Fundamental rights of SC and ST people.
KEYWORDS - caste system, discrimination, social barriers
INTRODUCTION
More than 160 million people are discriminated by their birth into caste system that deems them as impure. The caste system has existed in India for about 3000 years. Caste system ia a social hierarchy that is existing within the family and continues from one generation to the other generations .Caste system mainly defines a person 's Profession
Casteism is still common in villages. Not just the adults , even the children from their school day faces discrimination. The lower caste Children are being left alone or being bullied by the higher caste Children. They are made fun of their caste and no friendship is being made with them .
In India one of the major social factor which creates differences in the social groups is the caste system. The caste system creates a barrier among the people. Caste system creates different groups and assignes them in different groups based on their birth. The discrimination in all aspects of life like education, Job opportunities and economically has been followed from a very long time and still it is being followed.
EVIL EFFECTS OF THE CASTE SYSTEM
Untouchability - This is the one of the worst effect of caste system. Untouchability is the social practice where the lower caste People are being harrassed and bullied. They are considered as untouchables. The High caste People disrespect them. The lower caste People are not allowed to enter the villages where the higher caste People live. They are bared from entering temples to pray . The lower caste Children are not allowed to studyin the same school with the High caste Children. They are thrown away . Higher caste People don't allow the lower caste people to eat , studyvor enjoy with them as they are considered to be impure. Untouchability has now become an offence. Article 17 of the Constitution of the India which provides Abolition of untouchability .
Discrimination - The lower caste people are always discriminated. They are mus treated. They are not provided the same treatment and opportunities as the higher caste People. Lower caste people face discrimination in many ways . They are not considered as same as the higher caste People.Even the lower caste Children faces many discrimination in their classrooms, when a higher caste Children sir at front and the lower caste people are made sit at back and sometimes not allowed to enter the class room.
Inferior status of women - In this whole circle of caste system, women stuffers the most . Lower caste women mainly involve in the maid work of the upper caste People where the higher caste People will treat her like beger. They will disrespect them and shows hatred feelings for them.
CONSTITUTIONAL PROVISIONS
Article 14 of the Constitution of India provides for equality before the law or equal protection of the laws within the territory of India.
Article 15 of the Constitution of India forbids discrimination on grounds only of religion , race, caste, gender, or place of birth or any of them.
Article 16 of the constitution of India provides that There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
Article 17 of the Indian constitution of India provides Abolition of untouchability . 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.
Article 46: Emphasizes the protection and welfare of SCs and STs, guiding the State to implement policies that address historical injustices and promote their socioeconomic development.
Article 15(4) and 15(5): Allow for special provisions for the advancement of SCs and STs in educational institutions and government jobs. These provisions also enable reservation quotas to promote their representation and upliftment.
Article 16(4) and 16(4A): Provide for reservations in public employment for SCs, STs, and other backward classes to ensure their representation and equal opportunities in government jobs.
LEGAL FRAMEWORK AND STATUTORY MEASURES
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 - This is act which punishes the crimes against the SC and ST people . This acts protect the fundamental rights of the SC and ST people . It has created special courts for the case of SC and ST people. It provides compensation to the victims.
Prevention of Atrocities (Amendment) Act, 2015 - This act has created more stringent provisions for the prevention of the atrocities. It has added many new offences and crimes against the SC and ST people . This act has created awareness of the different types of offences faced by the Lower caste People.
Protection of Civil Rights Act - This act aims to provide protection against any discrimination against SC and ST people . This act ensures that they enjoy their fundamental rights fully without any form of discrimination.
CONCLUSION
To conclude, the caste system in India is a social barrier which is creating a specific groups among the nation. The caste system is destroying the unity of the country. The legal provisions of the caste system has evolved . The laws are made to protect the fundamental rights of the discriminated people. Still many more reforms are necessary for the changes in the laws system like more stringent punishment against the people who commits the offences against the SC and ST people.
