Caste Discrimination Is an Everyday Reality

“I have no color prejudices nor caste prejudices nor creed prejudices. All I care to know is that a man is a human being, and that is enough for me; he can't be any worse..” ~ Mark Twain

Introduction

India is the World's largest democracy, containing the second largest population in the World. Since the Independence in 1947 the World's perception of India has changed; from categorizing and treating it as a 'developing' nation to today's belief of India to be a superpower with a strong ally in the international arena.

Caste Pyramid

There are many internal problems in India which need immediate attention, including the issue of caste discrimination and untouchability. Caste discrimination and untouchability is not something new; it derives its root from ancient India. It is a cultural and social phenomenon that has been a part of the traditions of Hinduism for thousands of years, dividing people into castes in a hierarchical order based on their descent. Manusmriti (book on Hindu law which dates back to at least 1,000 years BC), justifies and acknowledges the caste system as the basis of order and regularity of society.

Since Independence, successive governments made efforts to impede the caste discrimination and untouchability through various legislation. Still, their actions barely moved the stone, especially in rural India, and it is still practised with proud.

Definition and Background

India's Caste System is one of the World's longest surviving hierarchical system followed even today. Caste discrimination and untouchability are illegal in India, but its beliefs and practices still exist deep inside rural India, and to some extent in urban India too.

According to Human Rights Watch (HRW) report: "A defining feature of Hinduism, caste encompasses a complex ordering of social groups based on ritual purity.

Brahma and the origins of caste

A person is considered a member of the caste into which he or she is born and remains within that caste until death. However, the particular ranking of that caste may vary among regions and over time. Differences in status are traditionally justified by the religious doctrine of karma, a belief that one's deeds in previous lifetimes determine one's place in life. In order of precedence, these are the Brahmins [ब्राह्मण] (priests and teachers), the Kshatriyas [क्षत्रिय] (rulers and soldiers), the Vaisyas [वैश्य] (merchants and traders), and the Shudras [शूद्र] (labourers and artisans). A fifth category falls outside this system and consists of those known as 'untouchables' or Dalits [दलित]; they are often assigned tasks [considered] too ritually polluting [such as garbage collection] to merit inclusion within the traditional varna system."

The caste system in India is more than 2000-years-old Hindu tradition which derives its root from early civilizations on the Indian subcontinent. Caste-based discrimination can influence all spheres of life, and it violates the fundamental human right, including civil, political, social, economic and cultural rights. It is also a significant impediment to achieving national development goals as the majority of the affected groups are often excluded from the development processes.

The system traditionally discourages people from different castes to interact with each other more than out of necessity, for example, by prohibiting inter-caste marriage. Especially in rural areas, caste divisions dominate in housing, marriage, and general social interaction - divisions that are reinforced through the practice and threat of social ostracism, economic boycotts, and even physical violence. It should be noted that in contemporary urban India, social attributes towards the traditional caste stratification are changing, especially as new forms of occupations are developing.

Nevertheless the caste system continues to survive in modern India. During the 80s and 90s caste discrimination became much debated issue on the political arena following a report published by a government commission that mapped out and defined current 'backward' castes and ethnic group in India. The debate also saw the creation of numerous local and national parties claiming to be representing Schedule Caste and Tribes, some becoming very successful.

Caste Discrimination in Practice

Being in a deeply engrained social structure, encountering caste-based discrimination is part of day-to-day life. Discrimination is often housing, work and access to public spaces. There are examples of Dalits being denied access to public services such as deep wells, water taps, health care and education. Segregation in housing, schools and cremation grounds, occupational restrictions, the prohibition of ownership and access to land, bonded labour, forced prostitution and manual scavenging are other examples of discrimination in everyday life of Dalits.

Discrimination on caste base can also be seen in terms of relative underdevelopment of low-caste groups: the literacy rate of Dalits is significantly lower than for the rest of the population, infant mortality and under-five mortality among Dalits are much higher than the average, and Dalits are paid lower wages than other workers for similar tasks. These are just a few specific examples.

There are also more violent forms of caste-based discrimination. Dalits are on occasions subjected to violent attacks, murder, harassment, and other atrocities. These cases are rarely reported, investigated or prosecuted, as police, lawyers and judges often belong to more dominant castes and are unwilling to get involved. Impurity in such cases remains a common practice. However, it has to be acknowledged that media are becoming more vocal on the conditions of Dalits.

India's Legal Framework

The Indian Constitution (1947) protects the fundamental rights of every citizen, including equality, freedom of speech, expression, belief, assembly, association, movement, education, equality of opportunity in matters of public employment without discrimination on the grounds of race, religion, caste or gender. Article 15 of the Constitution of India prohibits discrimination based on caste and Article 17 declared the practice of untouchability to be illegal. Despite its constitutional abolition in 1950 the practice of "untouchability"-the imposition of social disabilities on persons because of birth into a particular caste- remains very much a part of rural India. This law doesn't deter those who adamantly continue to follow the system.

India's legal framework, The Indian Penal Code (IPC), provides various provisions specifically adopted to prevent forms of caste discrimination and other violations of minority rights, both on national and state level. Instead of foundational rights' framework for the protection of every citizen of India, the Penal Code provides various Acts to prevent specific types of behaviours, such as The Bonded Labour System (Abolition) Act, 1976 and The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. For example The Prevention of Atrocities Act, 1989 list 'unlawful' behaviours against Schedule Caste and Tribes (by defining atrocities such as intimidation, sexual abuse, denial of access to water etc.)

Both the Constitution and the Indian Penal Code provides almost a watertight package of individual rights for the Indian population and the problem caste-based discrimination does not lie in an insufficient legal framework - rather than it is a question of implementation.

Implementation issues

As noted above, many laws have been introduced to prevent caste-based discrimination and untouchability. The government has set up several bodies and commissions to monitor progress, and some measures enable Dalits access into public office employment. The problem is not the legislative but its implementation. At all levels, there is a lack of political will to ensure that the laws are applied on the ground. Untouchability, bonded labour, poverty, manual scavenging, segregation, landlessness and violence are the everyday reality whatever the laws, rules and special measures prescribe. Impunity is a core factor why it is so tricky for Indian authorities to come to terms with caste discrimination.

Conclusion

The discriminatory practices are chronic and deep-rooted in the community. Custom and traditional practice is an excuse, as is the fear of 'SIN' and psychological fright of becoming sick or harm to assets and, therefore, the majority of people are not ready to change their discriminatory behaviour towards Dalits. For the same reasons,Dalits are also afraid of raising their voices against the discriminatory practices. Dalit awareness has been raised but no opportunity has been created to break the discriminatory socio-economic relations between Dalits and Non-Dalits.

After looking at the extent of caste-based discrimination prevailing in the society, isolated and exclusive intervention is not sufficient to make a meaningful social transformation. Hence, integrated attempts are inevitable to address this situation.

Disclaimer: The views are personal and do not necessarily reflect the views of any other individual, institute or government body.