We've Not Been Able To Eradicate Evil Of Caste Discrimination Even After 75 Years Of Independence, Laments Supreme Court

In its landmark judgment issuing directions to end caste-based segregation and division of work in prisons, the Supreme Court lamented that the evils of caste discrimination are prevalent in India even after 75 years of Independence."More than 75 years since independence, we have not been able to eradicate the evil of caste discrimination. We need to have a national vision for justice and equality, which involves all citizens," the judgment authored by Chief Justice of India DY Chandrachud stated.The judgment stated that the concerns expressed by Dr BR Ambedkar in his last address to the Constituent Assembly about the future of India hold true even today."Therefore, we need real and quick steps to identify the instances of existing inequalities and injustices in our society. Words, without action, would mean nothing for the oppressed," the Court stated."We need an institutional approach where people from marginalized communities could share their pain and anguish about their future collectively.316 We need to reflect and do away with institutional practices, which discriminate against citizens from marginalized communities or treat them without empathy. We need to identify systemic discrimination in all spaces by observing patterns of exclusion. After all, the “bounds of caste are made of steel”– “Sometimes invisible but almost always inextricable”.But not so strong that they cannot be broken with the power of the Constitution," the Court stated while concluding the judgment.The bench comprising CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra delivered the judgment in a petition filed by journalist Sukanya Shanta who highlighted the existence of caste-based segregation in prisons. The Court struck down as unconstitutional the provisions of the prison manuals of several states which provided for allotment of work based on caste of the prisoners and their segregation.History of India witnessed centuries of caste-based discriminationThe judgment observed that the history of India has witnessed centuries of discrimination towards the oppressed castes."Violence, discrimination, oppression, hatred, contempt, and humiliation, towards these communities were the norm. The caste system entrenched these social injustices deeply within society, creating an environment where the principles of natural justice were blatantly disregarded. In this hierarchical system, neutrality was virtually non-existent, and there was an inherent and pervasive bias against those belonging to the oppressed castes. This bias manifested in numerous ways, including exclusion from social, economic, and political opportunities. The caste system ensured that the oppressed castes remained marginalized and deprived of their basic rights and dignity.""The foundational principle of equality for all individuals was absent in the social framework defined by caste. The caste system operated as a mechanism that thrived on the labour of Bahujan communities, ultimately eroding their identity. In other words, the story of the caste system is, therefore, a story of enduring injustice. It is a narrative of how millions of Indians, relegated to the bottom of the social ladder, faced relentless discrimination and exploitation. The lower castes were systematically denied access to education, land and employment, further entrenching their disadvantaged position in society.The caste system led to harrowing practices of discrimination and subjugation, rooted in the notions of purity and pollution, where some communities were deemed impure, and their presence was considered contaminated."The judgment extensively referred to the writings of Dr.Ambedkar on the varna system.Other reports on the judgment can be read here.Case Title: Sukanya Shantha v. Union of India, W.P.(C) No. 1404/2023Citation : 2024 LiveLaw (SC) 771Click Here To Read/Download Judgment

We've Not Been Able To Eradicate Evil Of Caste Discrimination Even After 75 Years Of Independence, Laments Supreme Court

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

LIVELAW NEWS NETWORK

We've Not Been Able To Eradicate Evil Of Caste Discrimination Even After 75 Years Of Independence, Laments Supreme Court

LIVELAW NEWS NETWORK

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers