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Mapping Exclusion: The Persistence of Caste-Based Discrimination in India
Context:
Despite India’s legal framework against caste discrimination, notions of purity, pollution, and untouchability persist in society. These prejudices manifest in everyday practices and violent atrocities, demonstrating the enduring struggle against caste-based biases.
Rising Caste-Based Violence
- A Dalit family in Maharashtra’s Ahmednagar was brutally murdered in October 2014, underscoring ongoing caste violence.
- The district of Ahmednagar witnessed a rise in caste-related atrocities, with cases increasing from 44 in 2012 to 112 in 2013.
- Between 1995 and 2011, Maharashtra registered 4,256 cases under the Atrocities Act, reflecting a steady increase in caste-related crimes.
Caste Discrimination in Daily Life
- The India Human Development Survey (IHDS 2) (2011-12) documented untouchability and caste practices.
- 27% of households admitted to practising untouchability, with many expressing bias regarding Scheduled Caste (SC) individuals entering their kitchens or using their utensils. Even in urban India, caste bias exists, with separate cups and plates being designated for domestic workers despite their close roles in households.
Social Groups and Untouchability Practices
- Among social groups, Brahmins (52%) were the highest practitioners of untouchability, followed by OBCs (33%) and Forward Castes (24%).
- Even Scheduled Castes (SCs) (15%) and Scheduled Tribes (STs) (22%) practised untouchability, possibly due to internal caste hierarchies and social conditioning.
- Economic competition between OBCs and SCs may contribute to rising caste tensions.
Religious Groups and Caste Practices
- Jains (35%) reported the highest practice of untouchability, followed by Hindus (30%).
- Surprisingly, Sikhs (23%) and Muslims (18%) also practised untouchability, showing that caste bias transcends religious boundaries.
- Religious conversions have not completely erased caste identity, indicating that deeply rooted prejudices remain.
Defining Untouchability
- Marc Galanter (1969) analysed the constitutional meaning of untouchability, noting that it was never clearly defined in legal terms.
- It broadly refers to ritual pollution based on caste, including restrictions on physical contact, social interaction, and temple entry.
- Shah et al. (2006) described untouchability as a distinct Indian social institution legitimising discrimination, exclusion, and humiliation.
Untouchability in Colonial India
- The British legal system supported certain caste structures while also weakening them in later years.
- British courts upheld caste-based temple exclusions, ruling that lower castes could pollute places of worship.
- The non-interference policy reinforced caste hierarchies, prioritising Hindu ritual order over general laws.
Post-Independence Legal Measures Against Untouchability
- Key legal provisions include:
- Untouchability (Offences) Act, 1955 – Outlawed untouchability.
- Protection of Civil Rights Act, 1976 – Strengthened the 1955 law.
- Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 – Criminalised caste-based violence.
- Article 17 of the Indian Constitution abolishes the practice of untouchability and prohibits any form of it.
- It also makes it an offence to enforce any disability based on untouchability.
Impact of Education on Caste Practices
- Education plays a crucial role in reducing untouchability, especially among Brahmins and OBCs.
- 69% of Brahmin households with low education levels (Class 1-4) practised untouchability, which dropped to 45% in households with graduates.
- Household income had minimal impact, with only 1-2% difference in untouchability practices between the poorest and richest groups.
Why Does Untouchability Still Exist?
- Caste Hierarchy is still prioritised over individual merit.
- Upper castes continue to believe in caste purity, leading to discrimination.
- Legal measures exist, but deep-seated beliefs sustain untouchability.
The Road Ahead
- 70% of households denied practising untouchability, indicating some progress.
- However, social stigma may have led to underreporting, suggesting that actual prevalence might be higher.
- Eradicating untouchability requires continuous efforts in education, social reform, and legal enforcement to ensure equality and justice.
