Showing posts with label Dalits. Show all posts
Showing posts with label Dalits. Show all posts

Wednesday, September 30, 2026

When Caste Refuses to Die

 From a system of inherited hierarchy to a modern instrument of social control, economic exclusion and political mobilisation

By Ramphal Kataria

“India abolished untouchability in law, but it has not yet abolished the social imagination that makes caste possible.”

Caste was supposed to disappear from the life of a modern India. The Constitution promised equality. Untouchability was abolished. Discrimination on grounds of caste was prohibited. Reservations were introduced to compensate for centuries of exclusion. Education, industrialisation, urbanisation and democratic politics were expected to weaken the inherited boundaries of birth.

Yet caste has survived all of them.

It has changed its vocabulary rather than disappeared. It has moved from the village well to the university hostel, from hereditary occupation to the labour market, from social hierarchy to electoral arithmetic, and from openly enforced exclusion to more subtle forms of humiliation, isolation and gatekeeping. A young person may leave the traditional occupation of his or her caste, enter a university, become a doctor, engineer, bureaucrat or professor, and still carry a social identity that others read before they read the person's qualifications.

The uncomfortable question for India in 2026 is therefore not whether caste exists. It plainly does. The question is why a republic whose constitutional project was explicitly directed towards equality has allowed caste to become simultaneously a social identity, an economic disadvantage, an administrative category and a powerful instrument of political mobilisation.

The answer lies partly in the nature of caste itself. It is not simply a division of occupations. It is a system of graded social status reproduced through endogamy, inherited identity, social distance and unequal access to resources. Ambedkar described caste not as merely a division of labour but as a division of labourers—a system that fixes social possibilities by birth. His larger argument was that political democracy cannot survive indefinitely on the foundations of social inequality.

That warning remains unfinished business.

Caste was never merely an occupation

The history of caste is considerably more complicated than the simplified four-fold varna model often presented as India's timeless social structure. Scholars have pointed out that varna and the enormous variety of jatis cannot simply be treated as identical categories. Padmanabh Samarendra's work on colonial census operations argues that the modern administrative conception of caste was significantly shaped and hardened through nineteenth-century processes of enumeration and classification.

This does not mean that caste was invented by colonialism. Hierarchical and endogamous social formations existed long before the British. But colonial enumeration, administrative classification and later electoral politics gave these identities new institutional forms and political meanings.

The traditional social order attached status, occupation and social relationships to birth. The jajmani system created networks of reciprocal service and dependence within villages, but reciprocity did not mean equality. Its economic arrangements were embedded in a hierarchy in which certain communities performed occupations considered impure or inferior and had limited access to dignity and social power.

Modernisation disrupted that economic foundation.

Industrialisation, mechanisation, migration, markets and education weakened the old hereditary occupational structure. A son of a traditional artisan could become an engineer; the child of an agricultural labourer could enter government service; someone from a historically excluded community could become a professor or administrator.

But something crucial happened.

The occupation could change faster than the identity.

Caste ceased to be the occupation one performed but remained the identity through which one could be socially located.

That distinction is central to understanding contemporary India.

The Constitution attacked caste at its legal foundations

The makers of the Constitution understood that political freedom without social equality would produce an incomplete democracy. Article 14 guarantees equality before the law. Article 15 prohibits discrimination on grounds including caste while expressly permitting special provisions for historically disadvantaged groups. Article 16 guarantees equality of opportunity in public employment while allowing affirmative action for inadequately represented backward classes. Article 17 abolishes untouchability.

The constitutional project therefore contained two apparently contradictory imperatives that are actually complementary.

The first was to abolish caste discrimination.

The second was to recognise caste disadvantage in order to remedy its consequences.

That distinction matters.

Reservation was not conceived as a celebration of caste. It was a mechanism of corrective justice. If society had distributed education, land, occupations, dignity and public opportunities unequally for generations, simply declaring everyone equal on the day of Independence could not make the accumulated advantages and disadvantages disappear.

Article 46 directs the State to promote with special care the educational and economic interests of weaker sections, particularly Scheduled Castes and Scheduled Tribes, and protect them from social injustice and exploitation. The Protection of Civil Rights Act, 1955 subsequently gave statutory force to the prohibition of untouchability.

The constitutional state therefore did not merely promise formal equality. It attempted to move towards substantive equality.

But legislation can prohibit discrimination more easily than society can eliminate prejudice.

The unfinished work of the post-Independence state

The record of successive governments after Independence cannot be reduced either to failure or success.

The Indian state has done much: constitutional safeguards, reservations, scholarships, welfare programmes, protective legislation, political representation and institutions such as the National Commission for Scheduled Castes have created opportunities that were historically denied.

Education has expanded enormously. The representation of historically excluded groups in universities and public institutions has increased. The old assumption that knowledge and public office belonged naturally to particular social groups has been substantially challenged.

But the state has been far less successful in dismantling the social and economic foundations from which caste inequality derives.

The contradiction was visible from the beginning. The new republic wanted to create a casteless modern society while simultaneously having to recognise caste in order to correct caste-based disadvantage. Susan Bayly's historical account describes this post-1947 tension: the state sought a modern, casteless India while continuing to use caste categories in policies intended to remedy historical disability.

The problem was aggravated wherever formal equality was mistaken for substantive equality.

A child born into a family possessing land, educated parents, books, private schooling, coaching, professional networks and financial security does not enter an examination hall with the same accumulated social resources as a first-generation learner from a historically excluded community.

To say this is not to deny merit.

It is to ask how merit itself is produced.

Merit is never created in a social vacuum

The language of merit becomes particularly revealing in educational institutions.

Who had access to good schools?

Who could afford coaching?

Who had a room in which to study?

Who grew up surrounded by people who had already entered universities, government services and professions?

Who could survive a failed examination without the failure becoming an economic catastrophe?

These differences are not academic abstractions. Research has repeatedly demonstrated that caste continues to intersect with educational, occupational and economic outcomes.

Research on educational inequality has found that affirmative action contributed to narrowing some educational gaps, particularly at the primary level, but inequalities remained much more persistent at the college level.

Economic research is even more disturbing. Thorat and Madheswaran find that caste inequality in consumption is strongly associated with differences in asset ownership, higher education and access to salaried employment. Their analysis also finds a significant contribution of discrimination to wage differences between Scheduled Castes and higher castes.

More recent work similarly finds that caste gaps persist even within comparable economic classes and that caste continues to mediate economic outcomes and life chances.

Caste, therefore, cannot simply be reduced to poverty.

Class matters, but caste continues to shape class.

When the classroom reproduces the hierarchy

This becomes most painful in higher education.

The university is supposed to be the place where inherited identities lose their power. Instead, research increasingly documents situations in which caste travels with the student into the classroom, laboratory, hostel and faculty room.

A study of Dalit and Adivasi students in an elite higher-education institution documented discrimination, alienation and exclusion, including regulatory and gatekeeping mechanisms operating in academic and non-academic spaces.

A 2025 study by Anurag Kumar, based on qualitative accounts of Dalit scholars, documents stereotypes, subtle discrimination, prejudice, humiliation and the role of faculty in reproducing unequal experiences. It also examines the relationship between discrimination, psychological trauma and student suicides.

This does not justify the sweeping accusation that every faculty member or university administrator is casteist. It does establish something more important: institutional arrangements can reproduce caste disadvantage even without every individual consciously intending to discriminate.

That distinction is essential.

A professor may believe himself or herself to be neutral while treating a student's social background as evidence of inadequate merit. A scholarship recipient may be subtly reminded that admission came through reservation. A student may be stereotyped as academically weak before his or her work is evaluated. A complaint may be treated as a personality conflict rather than examined as a possible institutional problem.

Discrimination does not always announce itself.

Sometimes it appears as indifference.

Sometimes as isolation.

Sometimes as lower expectations.

Sometimes as the repeated demand that the marginalised student must prove that he or she deserves to be there.

“The most sophisticated form of caste discrimination is not always exclusion from the institution; it is making a person feel that admission itself was an act of charity.”

The tragedy of student suicides

Student suicide is a national crisis, not exclusively a caste issue. The NCRB recorded 14,488 student suicides in 2024, up from 13,892 in 2023 and 8,934 in 2015. Student suicides accounted for 8.5% of all recorded suicides in 2024.

These figures must not be casually converted into a claim that caste caused all student suicides. NCRB itself records multiple causes, including family problems, illness, examination failure, relationship issues and professional or career difficulties.

But caste cannot be removed from the discussion either.

Parliamentary data on deaths in elite institutions have shown a disproportionate representation of students belonging to socially disadvantaged communities among suicide victims. Between 2019 and 2023, 31 students died by suicide in IITs; according to data reported to Parliament, 17 belonged to SC, ST, OBC or minority communities. Comparable data for NITs and AIIMS also showed substantial representation of students from these communities.

The death of Rohith Vemula in 2016 transformed the national conversation about caste and higher education. Whatever one's interpretation of the precise legal and institutional circumstances surrounding his death, the episode exposed a profound question: what happens when an institution responds to a student's vulnerability primarily as an administrative problem?

Recent scholarship has argued that caste discrimination and structural inequality can be obscured when the distress of Dalit students is treated exclusively as an individual mental-health problem.

This is not an argument against mental-health support. Quite the opposite.

A humane university must provide psychological care and examine the institutional conditions producing distress.

The numbers tell only part of the story

The University Grants Commission reported 1,160 caste-discrimination complaints from 2019–20 to 2023–24 across 704 universities and 1,553 colleges. Annual complaints rose from 173 in 2019–20 to 378 in 2023–24. Of these, 1,052 were recorded as resolved.

The increase requires caution.

It could indicate more discrimination. It could also indicate greater awareness, better reporting mechanisms or greater willingness to complain. The figures cannot by themselves establish that discrimination has increased by 118%.

There is another problem: reporting is not the same as prevalence.

Many students may never complain because the accused may be a professor who controls their academic future, a supervisor who determines their thesis, or an administrator who controls hostel, scholarship or disciplinary processes.

Consequently, the official number of complaints should be treated as a measure of reported institutional experience, not the total amount of caste discrimination.

The UGC itself now requires institutions to maintain mechanisms for complaints relating to caste discrimination, including committees, complaint registers and action against officials or faculty where incidents come to notice.

The real test is not whether a committee exists.

It is whether a student trusts it.

Caste is now written on the face — and sometimes in the file

The paradox of modern India is that caste has lost much of its old economic function while acquiring new administrative and political lives.

A person's occupation may no longer reveal caste. A software engineer and a civil servant may share the same office. A doctor may live in an apartment where nobody knows the traditional occupation of his community.

Yet caste may still be asked for in admission forms, scholarship applications, recruitment, political representation and welfare programmes.

There is a legitimate tension here.

If caste is ignored completely, caste disadvantage becomes invisible to public policy.

If caste is recorded everywhere without simultaneously building a social project to transcend caste, identity can become permanently institutionalised.

This is why the debate must move beyond the simplistic claim that reservation either "causes" caste or "destroys" caste.

Reservation exists because caste discrimination exists.

Its continuation therefore tells us something uncomfortable about the society that still requires it.

The objective cannot be to make disadvantaged people invisible. It must be to create a society in which caste eventually ceases to determine life chances.

From social identity to electoral instrument

Democracy changed caste in another fundamental way.

Under the old order, caste gave people a place in a hierarchy.

Under universal adult franchise, caste acquired a vote.

The transformation was enormous.

Communities that had historically been subjects of social hierarchy became political constituencies. They could organise, bargain, demand representation and challenge established elites.

This political mobilisation has had an emancipatory dimension. Dalit and backward-caste movements have challenged exclusion and brought previously marginalised communities into political institutions.

But there is another side.

Christophe Jaffrelot's work shows how caste identities have been reshaped through political strategies, electoral competition and public policy. Caste identities are not simply inherited social facts; they can be politically reconstructed and given new meanings in struggles over power and resources.

Thus caste has become a language of mobilisation.

Political parties court caste groups.

Caste associations hold conferences.

Community organisations demand representation.

Leaders appeal to caste solidarity.

Political arithmetic calculates voting blocs.

Meetings are organised around community identity.

Candidates are selected with caste equations in mind.

None of this is peculiar to one political party. It is a feature of competitive electoral politics across different regions and periods.

The danger begins when political mobilisation stops being a route to equality and becomes a mechanism for perpetuating permanent social segmentation.

A party may speak the language of social justice while converting communities into vote banks. Another may invoke merit while ignoring accumulated social privilege. A third may mobilise a dominant caste around the fear of losing status. Each strategy can keep caste politically alive even while claiming to oppose caste discrimination.

The result is a cruel circularity:

politics needs caste because caste provides organised constituencies; caste remains politically powerful because politics continually organises around it.

The paradox of caste politics

This paradox should not lead to the conclusion that caste-based political mobilisation is inherently illegitimate.

For historically oppressed groups, collective identity has often been the route through which political voice became possible. A community that was invisible as an individual can become politically consequential when organised collectively.

Ambedkar himself understood the importance of political representation.

The problem is different: whether political representation ultimately helps people escape caste hierarchy or merely rearranges who controls the hierarchy.

A society cannot be emancipated if its citizens are repeatedly instructed to approach the State first as members of caste blocs and only second as equal citizens.

The objective of democracy should therefore be representation without permanent social imprisonment.

Caste and the economy

The persistence of caste is particularly damaging because it produces economic consequences.

Historically excluded communities suffered from restrictions on land, education, occupations, markets and social mobility. The destruction of traditional occupations through industrialisation did not automatically compensate those communities for the loss of the limited economic security embedded in those occupations.

Research by Thorat, Madheswaran and others documents continuing caste-based differences in employment, wages and occupational distribution. Their work identifies discrimination as one contributor to unequal labour-market outcomes.

Deshpande and Sharma's research on self-employment also examines earnings gaps between SC/ST and non-SC/ST businesses, showing that caste disadvantage extends beyond formal employment into entrepreneurship.

Caste therefore becomes economically self-reproducing.

Lower inherited assets reduce educational opportunities.

Lower educational opportunities affect occupational choices.

Occupational segregation affects income.

Lower income restricts asset accumulation.

Limited assets affect the next generation.

And the cycle begins again.

This is why caste cannot be eliminated merely by telling people not to practise caste discrimination.

A social hierarchy becomes durable when prejudice and economic structure reinforce one another.

What has not been done enough

The Indian state has legislated against caste discrimination, but legislation alone cannot destroy the social reproduction of caste.

Several areas remain unfinished.

Land and productive assets remain unequally distributed. Educational quality varies enormously between social groups and regions. Private-sector discrimination is harder to monitor than discrimination in government employment. Housing segregation persists in many places. Marriage remains overwhelmingly endogamous. Manual and sanitation labour continue to carry strong caste associations. Universities have struggled to create genuinely inclusive institutional cultures.

Most importantly, the State has often treated caste as a welfare category rather than confronting its deeper social reproduction.

A scholarship can help a student enter a university.

It cannot by itself change how classmates perceive that student.

A reservation can open the door.

It cannot guarantee dignity after entry.

A law can criminalise untouchability.

It cannot automatically eliminate the social prejudice that produced it.

This is where constitutional morality must become institutional morality.

What should an anti-caste state actually do?

The answer cannot be another slogan.

First, universities must move from nominal grievance mechanisms to genuinely independent systems in which students can complain without fear of academic retaliation.

Second, faculty recruitment and institutional leadership need greater social diversity. Representation is not the sole measure of equality, but institutions dominated by a narrow social group are less likely to recognise experiences outside their own.

Third, caste-discrimination complaints should be independently monitored, with transparent reporting on complaints received, action taken and time taken for disposal.

Fourth, student counselling must be integrated with institutional accountability. A distressed student needs a counsellor, but the institution must also examine whether discrimination, isolation, harassment or exclusion contributed to the distress.

Fifth, anti-caste education should not be reduced to ceremonial celebrations. Ambedkar, Phule, Periyar and Savitribai Phule and anti-caste thinkers must be studied as part of India's intellectual history rather than confined to commemorative occasions.

Sixth, economic policy must address the material foundations of caste inequality—land, assets, education, employment, entrepreneurship and access to capital.

Seventh, political parties and civil society organisations should be judged by whether their caste mobilisation expands citizenship or merely consolidates vote banks.

And finally, India needs a much more honest conversation about marriage.

Ambedkar identified inter-caste marriage as a powerful instrument for breaking caste endogamy. The continuing dominance of caste considerations in marriage demonstrates that the institution survives not simply through political speeches or government forms but through family structures and everyday social choices.

The final test is fraternity

India's constitutional vocabulary contains three ideas that cannot be separated: liberty, equality and fraternity.

Equality without fraternity can become administrative.

Fraternity without equality can become sentimental.

Liberty without either can become the privilege of the already powerful.

Ambedkar understood that democracy is not merely a method of electing governments. It is a mode of associated living.

That is why the persistence of caste is not merely a social problem affecting one community.

It is a test of Indian democracy itself.

NCRB data show that 55,698 crimes against Scheduled Castes were registered in 2024, down 3.6% from 57,789 in 2023. The decline should not be mistaken for the disappearance of caste violence; these are registered cases, and official crime statistics cannot capture unreported discrimination.

The continuing scale of reported violence, the persistence of economic disparities, documented discrimination in higher education and the political mobilisation of caste identities together reveal a society in which caste remains institutionally consequential.

The tragedy is not simply that caste has survived modernity.

It is that modernity has sometimes given caste new institutions through which to survive.

The caste system no longer needs every person to perform the occupation of his ancestors.

It only needs society to continue believing that birth tells us something fundamental about a person's worth, relationships, political loyalty or entitlement.

That belief is the real enemy.

The answer, therefore, cannot be to demand that historically oppressed citizens stop identifying themselves while leaving the structures that produced their disadvantage untouched. Nor can it be to celebrate every caste identity as an instrument of empowerment and leave society permanently fragmented.

The objective must be harder and more ambitious:

to make caste politically unnecessary, socially irrelevant and economically powerless—without making the history of caste injustice invisible.

India does not need to forget caste in order to overcome it.

It needs to understand it so thoroughly that birth finally loses its power to determine destiny.

“The ultimate annihilation of caste will not occur when caste names disappear from forms; it will occur when a person's birth ceases to predict his dignity, education, occupation, income, marriage, political voice or chances of belonging.”

That is the unfinished promise of the Constitution.

And that is why caste remains one of the most consequential unfinished tasks of Indian democracy.

References

1. B.R. Ambedkar, Annihilation of Caste (1936) — the central intellectual framework for understanding caste as graded inequality, endogamy and a barrier to fraternity. The uploaded source provides the principal arguments and historical context.

2. Constitution of India, Articles 14, 15, 16 and 17 — equality, prohibition of caste discrimination, affirmative action and abolition of untouchability.

3. Protection of Civil Rights Act, 1955 — statutory prohibition and punishment of practices arising from untouchability.

4. Padmanabh Samarendra, “Census in Colonial India and the Birth of Caste,” Economic & Political Weekly, 2011.

5. Christophe Jaffrelot, “The Politics of Caste Identities,” Cambridge University Press.

6. Susan Bayly, Caste, Society and Politics in India from the Eighteenth Century to the Modern Age, Cambridge University Press.

7. Ashwini Deshpande, The Grammar of Caste: Economic Discrimination in Contemporary India, Oxford University Press.

8. Sukhadeo Thorat, S. Madheswaran and B.P. Vani, Scheduled Castes in the Indian Labour Market, Oxford University Press, 2023.

9. Bagesh Kumar, “Discrimination in Indian Higher Education: Everyday Exclusion of the Dalit–Adivasi Student,” Contemporary Voice of Dalit.

10. Anurag Kumar, “Unequal Spaces: An In-depth Analysis of Caste Discrimination in Indian Universities,” Contemporary Education Dialogue, 2025.

11. Vignapana Komanapalli and Deepa Rao, “The Mental Health Impact of Caste and Structural Inequalities in Higher Education in India.”

12. University Grants Commission, data on caste-discrimination complaints in higher educational institutions, 2019–20 to 2023–24.

13. National Crime Records Bureau, Crime in India 2023/2024 and Accidental Deaths & Suicides in India.

14. Ministry of Education, Government of India, national-level information on student suicides and NCRB methodology.

15. National Commission for Scheduled Castes / Government of India, constitutional safeguards relating to Scheduled Castes.

Thursday, May 14, 2026

Public Gaze, Private Humiliation: Caste, Constitutional Morality and the Judicial Narrowing of the SC/ST Act

 A Critical Analysis of the Supreme Court’s Interpretation of “Public View” under the SC/ST (Prevention of Atrocities) Act, 1989

-Ramphal Kataria

Abstract

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted as a constitutional response to centuries of structural humiliation, exclusion, violence, and social segregation imposed upon Dalits and Adivasis through the caste order. The recent judgment of the Supreme Court in Gunjan v. State (NCT of Delhi), Criminal Appeal No. 2446 of 2026, delivered by a Division Bench of Justice N.V. Anjaria and Justice Prashant Kumar Mishra, holding that caste-based abuses within a private residence and outside “public view” do not attract Sections 3(1)(r) and 3(1)(s) of the SC/ST Act, has reignited serious constitutional and social debate. This judgment raises a larger question: can caste humiliation occurring within private spaces be separated from the social structure that created caste itself?

This essay critically examines the historical origins of caste in Indian society, the role of religion, social institutions, village structures, khaps, customary laws, and Brahmanical texts in preserving caste hierarchy, and the long struggle against caste oppression before and after independence. It studies constitutional debates, the evolution of protective legislation, and the judicial interpretation of the SC/ST Act. The essay argues that limiting caste atrocity jurisprudence to the narrow requirement of “public view” weakens the transformative intent of the Constitution and undermines the lived realities of caste discrimination, much of which occurs within private spaces such as homes, farms, workplaces, kitchens, temples, and educational institutions.

The paper further analyses caste as a continuing political instrument in India, where electoral mobilization, social violence, economic deprivation, and institutional discrimination remain deeply tied to caste identity. It contends that constitutional morality requires courts to interpret protective legislation in a socially emancipatory manner rather than through rigid textual formalism.

“Caste is not merely a division of labour; it is a division of labourers.”

— Dr. B.R. Ambedkar

“Turn in any direction you like, caste is the monster that crosses your path.”

— Dr. B.R. Ambedkar

“So long as you do not achieve social liberty, whatever freedom is provided by the law is of no avail to you.”

— Dr. B.R. Ambedkar

Introduction

The Supreme Court’s recent judgment holding that caste-based abuses uttered inside a private residence and outside “public gaze” do not attract Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has reopened one of the oldest wounds of Indian society: the contradiction between constitutional equality and caste reality.

The judgment rests upon a strict interpretation of the phrase “within public view.” According to the Court, insults or abuses occurring within the four walls of a residential house, absent public presence or visibility, fail to satisfy an essential ingredient of the offence under the SC/ST Act. Legally, the judgment draws support from earlier precedents including Swaran Singh v. State (2008), Hitesh Verma v. State of Uttarakhand (2020), and Karuppudayar v. State (2025).

Yet the larger social question remains unresolved.

Where does caste humiliation actually occur in India?

Does caste violence only occur on public roads, market squares, or visible streets? Or does it survive most powerfully in kitchens, farms, drawing rooms, temples, schools, workplaces, and private establishments where caste hierarchies are enforced daily?

The history of caste oppression demonstrates that humiliation has always been normalized within private social spaces. Dalits were denied entry into homes, temples, wells, schools, and fields not in public assemblies alone but through everyday private enforcement of social hierarchy. The caste order was sustained precisely because discrimination was embedded into ordinary life and protected by religion, social customs, kinship structures, and village institutions.

The SC/ST Act was enacted not merely to punish individual insults but to confront a historical system of graded inequality. Any judicial interpretation that narrows the meaning of caste humiliation risks diluting the emancipatory purpose of the legislation.

This debate therefore transcends technical interpretation. It touches the philosophical soul of the Indian Constitution.

I. Historical Origins of Caste in Indian Society

The caste system remains one of the most enduring and violent systems of social stratification in human history. While forms of hierarchy have existed in many civilizations, the Indian caste order developed into a rigid hereditary structure that determined occupation, social status, dignity, access to resources, marriage, habitation, and even spiritual worth.

The ideological roots of caste are traceable to the varna system articulated in ancient Brahmanical texts. The Purusha Sukta of the Rig Veda described society as emerging from the cosmic body of Purusha:

Brahmins from the mouth,

Kshatriyas from the arms,

Vaishyas from the thighs,

Shudras from the feet.

This symbolic hierarchy was gradually transformed into a rigid social order. Over centuries, thousands of castes and sub-castes evolved through the fusion of occupation, birth, ritual purity, and social exclusion.

The Manusmriti became one of the most influential texts legitimizing caste hierarchy and untouchability. It prescribed severe restrictions upon Shudras and those outside the varna order. The text normalized hereditary inequality as divine will.

Certain verses attributed to Manusmriti prescribed:

denial of education to Shudras,

corporal punishment for hearing Vedic recitations,

restrictions on property ownership,

social segregation,

ritual exclusion.

The text institutionalized the idea that social hierarchy was sacred and immutable.

The caste order was therefore not merely economic. It was theological.

Religion became a mechanism for social discipline.

Purity and pollution doctrines regulated food, touch, marriage, labour, water access, and habitation. Dalits were compelled to live outside village boundaries. They were assigned occupations considered “polluting,” including disposal of carcasses, manual scavenging, leather work, and sanitation labour.

Untouchability was not accidental. It was structurally produced.

II. Preservation of Caste through Religion, Social Institutions and Village Power

The caste system survived for centuries not merely because of scriptures but because social institutions actively preserved it.

1. The Village as a Site of Caste Discipline

Indian villages were often romanticized during colonial and nationalist discourse as self-sufficient republics. Dr. Ambedkar sharply rejected this romanticism and described villages as “a sink of localism, a den of ignorance, narrow-mindedness and communalism.”

The traditional village order operated through rigid caste segregation:

separate settlements for Dalits,

denial of access to common wells,

exclusion from temples,

prohibition on wearing certain clothes,

restrictions on movement,

separate utensils in tea shops,

denial of barber and washerman services.

The village economy itself depended upon caste labour.

Land ownership remained concentrated among dominant castes, while Dalits were largely landless labourers dependent upon caste Hindus for survival.

Economic dependence reinforced social obedience.

2. Khap Panchayats and Social Regulation

Khap structures and caste councils functioned as parallel systems of social governance. These institutions regulated:

marriage,

sexuality,

social interaction,

property,

honour,

caste boundaries.

Inter-caste marriages often invited social boycott, violence, and honour killings.

Even today, khap-backed violence against couples marrying across caste lines continues in several northern states.

The persistence of honour killings reveals that caste is not a relic of the past but a living social order defended through violence.

3. Religious Justification of Hierarchy

Brahmanical ideology linked social status with karma and rebirth.

The oppressed were taught that suffering in this life resulted from sins in previous births and that obedience to caste duty was spiritually necessary.

This transformed social inequality into moral destiny.

The caste order thus achieved something extraordinary: it normalized oppression among both oppressor and oppressed.

III. Resistance against Caste before Independence

Resistance to caste oppression emerged long before modern constitutionalism.

1. Buddha and the Rejection of Brahmanical Hierarchy

Gautama Buddha challenged ritual supremacy and hereditary hierarchy. Buddhism rejected caste distinctions in spiritual life and emphasized ethical conduct over birth.

The Buddhist Sangha opened pathways for social participation unavailable within Brahmanical orthodoxy.

However, over centuries, Brahmanical revivalism reasserted caste dominance.

2. Bhakti Movements

Saints such as:

Ravidas,

Kabir,

Tukaram,

Namdev,

Chokhamela,

Nandanar,

Guru Nanak,

challenged ritual hierarchy and preached spiritual equality.

Kabir attacked both Brahmanical orthodoxy and religious hypocrisy:

“जाति न पूछो साधु की।”

Yet Bhakti movements, despite spiritual radicalism, could not dismantle caste as a material social institution.

3. Jyotiba Phule and Savitribai Phule

Jyotirao Phule launched one of the earliest organized anti-caste movements in western India.

He exposed Brahmanical domination as a system of social exploitation.

His seminal work Gulamgiri compared caste oppression with slavery.

Savitribai Phule pioneered education for girls and oppressed castes despite severe social hostility.

Education became a revolutionary weapon against caste.

4. Periyar and the Self-Respect Movement

E.V. Ramasamy Periyar launched a radical critique of caste, religion, patriarchy, and Brahmanism in south India.

The Self-Respect Movement attacked:

priestly domination,

ritual hierarchy,

caste endogamy,

religious superstition.

Periyar argued that caste survived because religion sanctified inequality.

5. Dr. B.R. Ambedkar

No figure shaped anti-caste politics more profoundly than Dr. Bhimrao Ramji Ambedkar.

Born into untouchability, Ambedkar transformed personal humiliation into a constitutional revolution.

His works including:

Annihilation of Caste,

Who Were the Shudras?,

The Untouchables,

remain foundational critiques of caste society.

Ambedkar argued that caste was not merely a social division but a system of graded inequality where each caste oppressed those below it.

He rejected reformist attempts to merely “soften” caste.

For Ambedkar, caste had to be annihilated.

He famously declared:

“You cannot build anything on the foundations of caste. You cannot build up a nation.”

IV. Was Eradication of Caste Central to the Freedom Struggle?

The Indian freedom movement contained contradictory currents on caste.

While many nationalist leaders opposed untouchability, not all opposed caste hierarchy itself.

Gandhi and Ambedkar: The Fundamental Debate

Mahatma Gandhi condemned untouchability and referred to Dalits as “Harijans.” However, he did not initially reject varna as a social principle.

Ambedkar strongly criticized Gandhi’s approach, arguing that reform without destruction of caste hierarchy was inadequate.

The Poona Pact of 1932 emerged after Gandhi opposed separate electorates for Depressed Classes proposed under the Communal Award.

Ambedkar accepted reserved seats within joint electorates under immense political pressure.

The debate revealed a deep ideological divide:

Gandhi emphasized reform within Hindu society.

Ambedkar emphasized structural annihilation of caste.

The nationalist movement often prioritized political independence over social revolution.

For millions of Dalits, however, social freedom remained incomplete even after independence.

V. Constituent Assembly Debates and Constitutional Vision

The Constituent Assembly recognized caste oppression as incompatible with democracy.

Dr. Ambedkar warned that India was entering a life of contradictions:

“In politics we will have equality and in social and economic life we will have inequality.”

The Constitution attempted to transform Indian society through principles of liberty, equality, fraternity, and dignity.

Key Constitutional Provisions

Article 14

Equality before law.

Article 15

Prohibition of discrimination on grounds of caste, religion, sex, race.

Article 16

Equality in public employment and affirmative action.

Article 17

Abolition of untouchability.

This was revolutionary.

The Constitution did not merely condemn untouchability morally; it criminalized it.

Article 21

Protection of life and dignity.

Article 46

Promotion of educational and economic interests of Scheduled Castes and Scheduled Tribes.

Articles 330 and 332

Political reservation.

The Constitution adopted substantive equality rather than formal equality.

It recognized that historical injustice required compensatory measures.

VI. Evolution of Protective Legislation

1. Protection of Civil Rights Act, 1955

Initially enacted as the Untouchability (Offences) Act, this law criminalized practices arising from untouchability.

However, enforcement remained weak.

2. Rise in Atrocities and Need for Stronger Law

Despite constitutional guarantees, caste violence continued.

Massacres, social boycotts, sexual violence against Dalit women, bonded labour, and land dispossession exposed the limitations of ordinary criminal law.

Parliament therefore enacted the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The legislation recognized caste violence as structural rather than isolated.

The Statement of Objects and Reasons acknowledged:

continued indignities,

social and economic exploitation,

denial of civil rights,

violence and humiliation.

The Act created special offences specifically targeting caste atrocities.

VII. Important Provisions of the SC/ST Act

Section 3(1)(r)

Intentional insult or intimidation with intent to humiliate a member of SC/ST in any place within public view.

Section 3(1)(s)

Abusing by caste name in any place within public view.

Section 3(2)(v)

Enhanced punishment where offences are committed on the ground of caste identity.

Section 14

Special Courts for speedy trial.

Section 15A

Rights of victims and witnesses.

Section 18

Bar on anticipatory bail.

The Act was amended in 2015 and 2018 to strengthen protections and reverse judicial dilution.

The amendments expanded the definition of atrocities and reinforced victim rights.

VIII. Judicial Interpretation of the SC/ST Act

Indian courts have delivered both progressive and restrictive judgments regarding caste atrocities.

Progressive Judicial Approaches

State of Karnataka v. Appa Balu Ingale (1993)

The Supreme Court recognized untouchability as a continuing social reality and emphasized constitutional commitment to social equality.

Arumugam Servai v. State of Tamil Nadu (2011)

The Court condemned caste-based abuses and held that terms like “Chamar” used derogatorily constituted caste insult.

State of M.P. v. Ram Krishna Balothia (1995)

The Court upheld the constitutional validity of the bar on anticipatory bail under the SC/ST Act.

Vilas Pandurang Pawar v. State of Maharashtra (2012)

The Court emphasized strict enforcement of the Act to protect vulnerable communities.

Prithvi Raj Chauhan v. Union of India (2020)

The Supreme Court upheld the constitutional validity of the 2018 amendments restoring protections diluted in Subhash Kashinath Mahajan.

Restrictive Judicial Trends

Swaran Singh v. State (2008)

The Court distinguished between “public place” and “public view.”

Hitesh Verma v. State of Uttarakhand (2020)

The Court held that caste abuse inside a building without public presence did not satisfy the “public view” requirement.

Gunjan v. State (NCT of Delhi) (2026)

The latest judgment extends this restrictive interpretation.

The Court held that abuse inside a residential house outside public gaze would not attract Sections 3(1)(r) and 3(1)(s).

IX. The Problem with the “Public View” Doctrine

The judgment in Gunjan raises profound constitutional concerns.

1. Caste Oppression Often Occurs in Private Spaces

Historically, caste humiliation occurred precisely within spaces considered “private”:

kitchens,

fields,

homes,

workplaces,

temples,

classrooms,

hostels,

landlords’ estates.

Dalit agricultural labourers often work on privately owned farms.

Domestic workers frequently face caste abuse within private homes.

Dalit sanitation workers encounter humiliation within gated institutions.

To exclude such spaces from the protective ambit of the Act risks shielding the most common sites of caste discrimination.

2. Formalism versus Constitutional Morality

The judgment adopts textual formalism.

But constitutional jurisprudence requires socially contextual interpretation.

The Constitution is not merely a legal document. It is a transformative project.

Constitutional morality demands that courts interpret protective legislation in light of social realities.

3. Misunderstanding the Nature of Humiliation

Humiliation does not become less violent because it occurs privately.

In many cases, private humiliation is more coercive because victims lack witnesses, support, or institutional access.

A Dalit domestic worker abused inside an employer’s home experiences caste domination no less severely than abuse on a public road.

4. Public Visibility Cannot Determine Human Dignity

The logic underlying the judgment implies that dignity violations matter less unless publicly witnessed.

This is inconsistent with Article 21 jurisprudence recognizing dignity as intrinsic.

The Constitution protects dignity even in intimate and private spaces.

X. Caste and Contemporary India

Despite economic modernization, caste remains deeply embedded in Indian society.

1. NCRB Data and Continuing Atrocities

National Crime Records Bureau data consistently records tens of thousands of cases annually under the SC/ST Act.

Crimes include:

murder,

rape,

social boycott,

assault,

land grabbing,

humiliation,

bonded labour,

forced displacement.

States frequently reporting high numbers of atrocities include:

Uttar Pradesh,

Rajasthan,

Madhya Pradesh,

Bihar,

Odisha,

Maharashtra.

Low conviction rates and delayed trials further weaken access to justice.

Many cases remain underreported due to:

fear of retaliation,

police reluctance,

social dependence,

political pressure.

2. Caste and Education

Discrimination persists in schools and universities.

Dalit students continue to report:

segregation in seating,

caste slurs,

exclusion from hostels,

institutional harassment.

The deaths of Rohith Vemula and several other marginalized students sparked nationwide debate about caste within higher education.

3. Manual Scavenging

Despite legal prohibition, manual scavenging continues.

Sanitation labour remains overwhelmingly caste-based.

Deaths inside sewers repeatedly expose the persistence of hereditary caste labour.

4. Inter-Caste Violence

Honour killings continue across several states.

Inter-caste couples face:

social boycott,

violence,

displacement,

murder.

This reveals the continuing obsession with caste purity.

XI. Caste and Electoral Politics

Modern Indian democracy simultaneously challenges and reproduces caste.

Political mobilization enabled marginalized communities to gain representation.

Yet caste also became a central electoral instrument.

1. Vote Banks and Caste Arithmetic

Political parties routinely calculate:

caste demographics,

caste alliances,

dominant caste blocs,

sub-caste mobilization.

Candidate selection often depends upon caste equations rather than ideological commitment.

2. Symbolic Empowerment versus Structural Change

Reservation enabled emergence of Dalit political leadership.

However, symbolic representation has not automatically dismantled structural inequality.

Landlessness, educational deprivation, and caste violence remain widespread.

3. Dominant Caste Assertion

Affirmative action policies triggered backlash from dominant castes in many regions.

Anti-reservation agitations and violence revealed resistance to social redistribution.

Caste therefore remains both a tool of oppression and a vehicle of political negotiation.

XII. Social Science Studies on Caste Discrimination

Multiple studies demonstrate the persistence of caste discrimination.

Thorat and Newman Study

Studies by Sukhadeo Thorat and Katherine Newman documented discrimination in:

housing,

employment,

urban rental markets.

Applicants with Dalit names frequently faced exclusion.

India Human Development Survey

The survey found continuing practices of untouchability in many Indian households.

Oxfam and Economic Inequality Studies

Dalits remain disproportionately represented among:

landless labourers,

sanitation workers,

informal workers,

poor households.

Caste and class overlap significantly.

Economic liberalization did not erase caste hierarchy.

Rather, caste adapted to new economic conditions.

XIII. Constitutional Morality versus Social Morality

Dr. Ambedkar warned that constitutional morality was not a natural sentiment.

Indian society remained governed largely by social morality rooted in caste.

The judiciary therefore bears a constitutional responsibility to protect transformative values.

The Supreme Court itself has repeatedly invoked constitutional morality in cases concerning:

LGBTQ rights,

privacy,

dignity,

gender equality.

Yet in caste jurisprudence, courts sometimes retreat into narrow formalism.

The “public view” doctrine risks privileging technical visibility over substantive humiliation.

The question should not merely be:

“Was the abuse publicly visible?”

But rather:

“Was caste hierarchy weaponized to humiliate and subordinate?”

XIV. The Soul of the Constitution and the Intent of the SC/ST Act

The SC/ST Act emerged from the recognition that ordinary criminal law was insufficient to address caste violence.

Its purpose was not only punitive.

It was civilizational.

The legislation acknowledged that caste humiliation destroys:

dignity,

citizenship,

equality,

fraternity.

The Constitution envisions fraternity as essential to democracy.

Caste destroys fraternity by creating graded human worth.

Any interpretation narrowing the protective scope of anti-atrocity law risks undermining constitutional transformation.

The Supreme Court has repeatedly affirmed that beneficial legislation must receive liberal interpretation.

In State of Karnataka v. Appa Balu Ingale, the Court recognized untouchability as a continuing national shame.

In Safai Karamchari Andolan v. Union of India (2014), the Court condemned manual scavenging as a violation of dignity.

In Indian Young Lawyers Association v. State of Kerala (Sabarimala case), constitutional morality was placed above exclusionary custom.

These principles should guide anti-caste jurisprudence.

XV. Reimagining the Meaning of “Public View”

The phrase “within public view” requires contextual interpretation.

A rigid physical understanding fails to capture caste realities.

Publicness may not depend merely upon open streets.

Caste humiliation inside a workplace, institutional space, residential complex, employer’s home, or educational establishment may still reinforce social subordination.

The law must recognize structural power relations.

Otherwise, the most invisible forms of caste domination become legally invisible.

XVI. The Need for Institutional Sensitization

Legal reform alone cannot eradicate caste.

Police, judiciary, bureaucracy, educational institutions, and media require deep social sensitization.

Implementation gaps remain severe:

delayed FIRs,

hostile investigation,

witness intimidation,

political interference,

low conviction rates.

Special courts often suffer from vacancies and delays.

Victims continue to face social and economic retaliation.

The struggle against caste therefore requires:

legal enforcement,

educational reform,

land redistribution,

social democratization,

institutional accountability.

XVII. Ambedkar’s Warning and India’s Democratic Future

Dr. Ambedkar warned that political democracy cannot survive without social democracy.

Social democracy rests upon:

liberty,

equality,

fraternity.

Caste fundamentally negates fraternity.

The continuing violence against Dalits and Adivasis demonstrates that constitutional promises remain incomplete.

India’s democratic legitimacy depends upon its ability to confront caste honestly.

A democracy that tolerates humiliation cannot claim moral greatness.

Conclusion

The Supreme Court’s judgment in Gunjan v. State (NCT of Delhi) represents more than a technical interpretation of statutory language. It reflects an ongoing tension within Indian constitutionalism between formal legality and transformative justice.

The requirement of “public view” under Sections 3(1)(r) and 3(1)(s) cannot be interpreted in isolation from the historical structure of caste oppression. Caste discrimination in India has never been confined to public squares alone. It survives most powerfully in ordinary spaces of everyday life — homes, farms, schools, temples, workplaces, kitchens, and institutions.

To exclude such spaces from meaningful legal scrutiny risks insulating the very domains where caste power operates most intimately.

The Constitution of India was not drafted merely to preserve social order. It was drafted to transform society.

Article 17 was revolutionary because it recognized that untouchability was not simply a private prejudice but a national crime against human dignity.

The SC/ST Act carried forward this constitutional vision.

Its soul lies in protecting dignity, equality, and fraternity.

Any interpretation that weakens that protection must be examined critically.

The struggle against caste in India has been long, painful, and unfinished.

From Buddha to Phule, from Periyar to Ambedkar, generations fought not merely for legal reform but for the annihilation of caste itself.

That struggle continues.

And the Constitution remains its greatest moral weapon.

“Untouchability was not merely social exclusion; it was the organization of humiliation.”

“Caste survives not only in public violence but in private obedience.”

“The Constitution promised dignity. Society still negotiates it through caste.”

“A democracy cannot become socially just while humiliation remains hereditary.”

“The SC/ST Act was not enacted merely to punish abuse; it was enacted to confront a civilization structured through graded inequality.”

The battle against caste is not only legal or political. It is civilizational.

The question before India is whether constitutional morality will ultimately prevail over inherited hierarchy.

The answer to that question will determine the future of Indian democracy itself.

Important Cases Referred

1. Gunjan v. State (NCT of Delhi), Criminal Appeal No. 2446 of 2026

2. Swaran Singh v. State, (2008) 8 SCC 435

3. Hitesh Verma v. State of Uttarakhand, (2020) 10 SCC 710

4. Karuppudayar v. State, 2025 SCC OnLine SC 215

5. State of Karnataka v. Appa Balu Ingale, (1993) 2 SCC 349

6. Arumugam Servai v. State of Tamil Nadu, (2011) 6 SCC 405

7. State of M.P. v. Ram Krishna Balothia, (1995) 3 SCC 221

8. Vilas Pandurang Pawar v. State of Maharashtra, (2012) 8 SCC 795

9. Prithvi Raj Chauhan v. Union of India, (2020) 4 SCC 727

10. Safai Karamchari Andolan v. Union of India, (2014) 11 SCC 224

11. Subhash Kashinath Mahajan v. State of Maharashtra, (2018) 6 SCC 454

12. Indian Young Lawyers Association v. State of Kerala, (2019) 11 SCC 1

13. State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335

References

1. B.R. Ambedkar — Annihilation of Caste

2. B.R. Ambedkar — Who Were the Shudras?

3. B.R. Ambedkar — The Untouchables

4. Jyotiba Phule — Gulamgiri

5. Gail Omvedt — Dalits and the Democratic Revolution

6. Christophe Jaffrelot — India’s Silent Revolution

7. Kancha Ilaiah Shepherd — Why I Am Not a Hindu

8. Gopal Guru — Humiliation: Claims and Context

9. Anand Teltumbde — Republic of Caste

10. Sukhadeo Thorat and Katherine Newman — Blocked by Caste

11. Eleanor Zelliot — From Untouchable to Dalit

12. Periyar E.V. Ramasamy — Speeches and Writings