Caste-based violence in India refers to incidents where individuals or groups are targeted or discriminated against based on their caste identity. Caste is a deeply ingrained social hierarchy in India, with a complex system of social stratification that has historical roots. Despite legal and constitutional measures to address caste discrimination, instances of caste-based violence persist. Dalits (formerly known as untouchables) and Adivasis (indigenous tribal communities) often face discrimination and violence due to their caste identity. They may be subjected to social exclusion, economic exploitation, and denial of basic rights.

Historical Context:

The historical context of caste-based violence in India is deeply rooted in the country’s social and cultural history, shaped by a system of social hierarchy known as the caste system. The caste system is a traditional social stratification that divides people into hierarchical groups based on birth, occupation, and social status. In India certain castes traditionally considered “lower” facing social, economic, and educational marginalization. The caste system has roots in religious and societal practices.  Here is a brief overview of the historical context of caste-based violence in India:

• Ancient Origins: The origins of the caste system can be traced back to ancient Hindu scriptures, particularly the Rigveda. The system initially categorized people into four varnas (Brahmins, Kshatriyas, Vaishyas, and Shudras) based on their occupation and duties.
• Evolution and Subdivisions: Over time, the varna system evolved into a more complex structure with numerous jatis (castes) and sub-castes. Each jati was associated with specific occupations, and social mobility between castes was restricted.
• Untouchability: The concept of untouchability emerged, relegating certain groups, later known as Dalits or Scheduled Castes, to the lowest rung of the social hierarchy. They were considered “untouchable” and faced severe social and economic discrimination.
• Social Norms and Discrimination: The caste system became deeply ingrained in societal norms, influencing various aspects of life, including marriage, dining, and social interaction. Discrimination based on caste was not only tolerated but often reinforced by cultural and religious practices.
• Colonial Influence: The British colonial period (17th to mid-20th century) saw the codification of caste identities. The colonial administration classified communities into fixed categories, which further solidified caste distinctions. British policies also exacerbated tensions between communities.
• Social and Economic Disparities: Economic disparities along caste lines, lack of access to education and healthcare, and social discrimination contribute to the persistence of caste-based violence. These disparities often intersect with other forms of discrimination, including gender and religious identity.
• Social Reform Movements: The 19th and 20th centuries witnessed social reform movements aimed at challenging the discriminatory aspects of the caste system. Leaders such as Raja Ram Mohan Roy, Jyotirao Phule, and B.R. Ambedkar advocated for the abolition of untouchability and caste-based discrimination.

Factors Responsible for Cast Based Violence in India:

Caste violence in India is a complex issue with multiple contributing factors. These factors are deeply rooted in historical, social, economic, and political dynamics. While the situation varies across regions, the following factors are commonly identified as contributors to caste violence:

• Historical Legacy: The historical origins of the caste system, which dates back thousands of years, have left a lasting impact on social structures. Deeply ingrained discriminatory practices and prejudices continue to influence contemporary attitudes.
• Untouchability and Social Discrimination: The practice of untouchability, where certain communities are considered impure and subjected to social exclusion, remains a persistent issue. Social discrimination based on caste identity contributes to the marginalization of specific groups.
• Land and Economic Disparities: Unequal distribution of land and economic resources along caste lines is a significant factor. Disputes over land ownership and economic opportunities often lead to conflicts, with marginalized communities facing economic exploitation.
• Political Exploitation: Politicians sometimes exploit caste identities for electoral gains. Caste-based vote bank politics can exacerbate tensions and contribute to violence, as parties align with particular caste groups to secure support.
• Caste-Based Organizations: The existence of caste-based organizations that work to promote the interests of specific communities can sometimes contribute to tensions. These organizations may advocate for the rights of their caste group, but their activities can lead to confrontations with other communities.
• Perceived Threats to Privileges: Dominant caste groups may perceive efforts towards social equality and affirmative action as threats to their historical privileges. This perception can result in resistance to measures aimed at addressing caste-based discrimination.
• Inter-caste Marriages: Inter-caste marriages, especially when they involve individuals from higher and lower caste backgrounds, can be a source of tension. Communities may resist such unions, leading to social ostracism and violence.
• Lack of Educational Opportunities: Limited access to education and educational opportunities for marginalized communities can perpetuate socio-economic disparities. Without adequate education, individuals may face challenges in breaking the cycle of caste-based discrimination.
• Inadequate Implementation of Laws: Despite legal provisions to prevent caste-based discrimination and violence, the effective implementation of laws is often lacking. Weak law enforcement, corruption, and a slow judicial process contribute to a lack of accountability.
• Traditional Practices and Customs: Deeply entrenched traditional practices and customs associated with caste can contribute to violence. Disputes arising from rituals, religious practices, or social customs may escalate into violent confrontations.
• Urbanization and Migration: Urbanization and migration can disrupt traditional social structures, leading to increased competition for resources and opportunities. This can result in heightened tensions between different caste groups.
• Media Influence: Sensationalized media coverage and the perpetuation of stereotypes can contribute to the reinforcement of caste-based prejudices. Media plays a role in shaping public perceptions and can either contribute to social harmony or exacerbate tensions.

Addressing caste violence requires a multi-dimensional approach that involves legal reforms, social awareness, economic empowerment, and political commitment to fostering inclusive and egalitarian societies. Efforts must focus on challenging discriminatory practices, promoting education, and ensuring the effective implementation of laws to prevent and address caste-based violence.

Atrocity:

The term “atrocity” in the context of India usually refers to crimes committed against Scheduled Castes (SCs) and Scheduled Tribes (STs) as per the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This legislation, commonly known as the Atrocities Act, was enacted to prevent and address offenses and atrocities against SCs and STs, recognizing the historical and social discrimination faced by these communities. The Act was amended in 2015 to include additional offenses and strengthen the provisions for the protection of SCs and STs.

Atrocity cases covered under the Act include various offenses committed against members of SCs and STs, such as:

• Physical Violence: Assault, harassment, and physical violence against individuals from SCs and STs with the intent to humiliate or harm them.
• Verbal and Social Abuse: Use of derogatory language, humiliation, or social ostracism targeting individuals based on their caste identity.
• Occupational Atrocities: Prevention or obstruction of SCs and STs from carrying out their traditional occupations, such as preventing them from using common property resources.
• Denial of Access: Denying access to public places, water resources, or educational institutions to members of SCs and STs.
• Sexual Exploitation: Sexual harassment or exploitation of individuals from SCs and STs, often with the intent to establish or reinforce social hierarchies.
• False Legal Cases: Filing false legal cases against members of SCs and STs with the intention of harassing or intimidating them.
• Land and Property Disputes: Crimes related to disputes over land, property, or resources where individuals from SCs and STs are targeted.
• Institutional Atrocities: Atrocities committed by individuals associated with public offices, institutions, or organizations against members of SCs and STs.

The Atrocities Act includes provisions for stringent punishment for those found guilty of committing offenses against SCs and STs. It also outlines measures for the protection and rehabilitation of victims. However, the effective implementation of the Act has been a subject of debate, and there have been concerns about the underreporting of atrocity cases and the challenges in securing convictions.

The National Crime Records Bureau (NCRB) in India maintains data on crimes registered under the Atrocities Act. The data provides insights into the prevalence of such crimes and the efforts made to address them. It is essential for authorities to work towards the effective implementation of the Act, create awareness, and address systemic issues contributing to caste-based discrimination and violence.

Caste Panchayats:

Caste panchayats, also known as khap panchayats, are informal, community-based councils that historically originated in rural areas of northern India. These councils are primarily associated with enforcing social norms, customs, and traditions within specific caste or community groups. While the term “panchayat” traditionally refers to a local self-governance body, caste panchayats operate outside the formal legal system and are often criticized for their role in perpetuating regressive practices. Here are key aspects related to caste panchayats in India:

• Informal Social Councils: Caste panchayats are not legal entities and lack official recognition. They are informal bodies that emerged from traditional social structures and are primarily composed of influential individuals from a particular caste or community.
• Roles and Functions: Caste panchayats historically played a role in resolving disputes within the community, managing local affairs, and maintaining social order. However, over time, they have been criticized for overstepping their traditional roles and engaging in coercive and regressive practices.
• Social Norms and Customs: Caste panchayats often seek to preserve and enforce perceived social norms and customs. This can include regulating inter-caste marriages, imposing restrictions on women’s freedom, and maintaining traditional caste-based hierarchies.
• Controversial Decisions: Caste panchayats have been associated with controversial and regressive decisions, such as issuing decrees against inter-caste marriages or relationships deemed socially unacceptable. Punishments may range from social ostracism to more severe measures.
• Interference in Personal Choices: One of the major criticisms of caste panchayats is their interference in individuals’ personal choices, particularly regarding marriage. They often oppose marriages outside the caste or community and may resort to intimidation or violence to enforce their decrees.
• Gender Issues: Caste panchayats are frequently criticized for perpetuating gender-based discrimination. Decisions by these councils often disproportionately affect women, restricting their autonomy and perpetuating patriarchal norms.
• Legal Challenges: Many decisions made by caste panchayats are not legally binding, and their actions can be challenged in the formal legal system. However, the socio-cultural influence they wield in certain regions makes it challenging for individuals to resist their decisions.

There has been growing activism against caste panchayats, with civil society groups, human rights organizations, and legal activists advocating for the rights and autonomy of individuals. Courts in India have also, at times, intervened to protect individuals from the diktats of caste panchayats. The Indian government has taken steps to address the issues associated with caste panchayats. Authorities have emphasized the need to uphold constitutional values and individual rights, and legal actions have been taken against caste panchayats for human rights violations.

While caste panchayats may have originated as community-based dispute resolution forums, their controversial decisions and their impact on individual freedoms have led to widespread criticism. Efforts are ongoing to challenge regressive practices and promote awareness about individual rights, legal recourse, and the importance of upholding constitutional values. It is essential to strike a balance between respecting cultural diversity and safeguarding individual rights and dignity.

Social Boycott:

Social boycott in India refers to the practice of ostracizing individuals or groups within a community, denying them social interactions, support, and participation in community activities. This form of punishment is often meted out by informal community councils or caste panchayats, but it can also occur through collective decisions within communities. Social boycotts can be a means of enforcing conformity to societal norms and traditions. Here are key points related to social boycott in India:

• Enforcement by Caste Panchayats: Caste panchayats, informal councils in rural areas often associated with enforcing social norms, may impose social boycotts as a punitive measure. This can be in response to perceived violations of caste or community traditions, such as inter-caste marriages or relationships.
• Reasons for Social Boycott: Social boycotts may be imposed for a variety of reasons, including inter-caste marriages, marrying outside the community, challenging traditional customs, or any behaviour perceived as deviating from established norms.
• Impact on Individuals and Families: Social boycotts have severe repercussions for the individuals and families targeted. The ostracized individuals may face isolation, denial of access to common resources, economic hardship, and psychological distress.
• Gender Dimensions: Social boycotts often disproportionately affect women, particularly in cases of inter-caste or inter-community marriages. Women may face harsher consequences, including abandonment by their families and communities.
• Legal Responses: Social boycotts are considered human rights violations, and they contravene principles of individual autonomy and freedom. The Indian legal system recognizes the rights of individuals to choose their life partners and has intervened in cases of social boycott, considering it a violation of fundamental rights.
• Prevention of Atrocities Act: The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, includes provisions to address social boycotts and ostracism faced by individuals belonging to Scheduled Castes and Scheduled Tribes. The Act provides for legal remedies and punishment for those involved in such practices.
• Community Resistance: In some cases, individuals and communities have resisted social boycotts. Activists, civil society organizations, and human rights groups work to raise awareness about individual rights and challenge regressive practices.
• Government Initiatives: Governments at the state and national levels have taken steps to address the issue of social boycotts. Authorities have emphasized the need to protect individual rights, and legal actions have been initiated against those involved in imposing social boycotts.
• Cultural Sensitivity: While challenging regressive practices, it is important to approach the issue with cultural sensitivity. Balancing the protection of individual rights with an understanding of diverse cultural practices remains a complex challenge.

Addressing social boycotts requires a multi-pronged approach, including legal interventions, awareness campaigns, community engagement, and efforts to promote a more inclusive and tolerant society. The goal is to uphold individual rights and dignity while respecting the cultural diversity that exists within the Indian context.

Measures to Curb Cast Based Violence in India:

Curbing caste-based violence in India requires a comprehensive and concerted effort from various stakeholders, including government authorities, civil society, and communities. Here are some key measures that can be implemented to address and prevent caste-based violence:

• Legal Reforms: Strengthen and rigorously enforce existing laws against caste-based discrimination and violence. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act should be effectively implemented, and legal proceedings should be expedited.
• Enhanced Law Enforcement: Improve the efficiency and sensitivity of law enforcement agencies in handling cases related to caste-based violence. Special cells or units within police departments can be dedicated to addressing issues related to marginalized communities.
• Public Awareness Campaigns: Conduct public awareness campaigns to educate people about the illegality and immorality of caste-based discrimination and violence. These campaigns can be run through various media, including television, radio, social media, and community events.
• Community Policing and Sensitization: Implement community policing initiatives that involve police officers working closely with local communities. Sensitization programs for law enforcement personnel should be conducted to ensure cultural awareness and understanding of caste dynamics.
• Affirmative Action and Reservations: Strengthen and expand affirmative action measures, including reservations in education, employment, and political representation for Scheduled Castes (SCs) and Scheduled Tribes (STs). Ensure the effective implementation of these policies to uplift marginalized communities.
• Education Initiatives: Promote education as a tool for social change. Ensure equal access to quality education for all, with a focus on eliminating discrimination in educational institutions. Implement scholarship programs and incentives to encourage students from marginalized communities.
• Economic Empowerment: Implement economic development programs that target marginalized communities. This can include skill development initiatives, entrepreneurship programs, and access to credit facilities to enhance economic opportunities.
• Community Development Programs: Facilitate community development programs that address the socio-economic disparities prevalent in marginalized communities. These programs can focus on healthcare, sanitation, housing, and infrastructure development.
• Interfaith and Inter-Caste Dialogue: Promote interfaith and inter-caste dialogue to foster understanding and mutual respect among different communities. Religious and community leaders can play a crucial role in bridging gaps and promoting harmony.
• Legal Aid and Support Services: Establish legal aid services specifically for victims of caste-based violence. This includes providing support for filing complaints, navigating the legal process, and ensuring that victims have access to justice.
• Media Responsibility: Encourage responsible reporting by the media. Media outlets should avoid sensationalizing caste-related incidents and should play a constructive role in promoting understanding and harmony.
• Monitoring and Reporting Mechanisms: Establish independent mechanisms to monitor and report on caste-based violence. This can include human rights commissions, ombudsman offices, and other oversight bodies that can hold institutions accountable for their actions.
• Political Accountability: Hold political leaders accountable for promoting caste-based violence or exploiting caste identities for political gains. Encourage political leaders to prioritize social harmony and inclusive policies.
• Social Reintegration Programs: Develop programs that focus on the social reintegration of victims of caste-based violence. This includes counselling services, community support, and initiatives to counter social ostracism.
• International Collaboration: Collaborate with international organizations and engage in dialogue to share best practices and seek support for initiatives aimed at eliminating caste-based discrimination and violence.

Implementing these measures collectively can contribute to creating a more just and inclusive society, where individuals are not subjected to violence or discrimination based on their caste identity. It requires sustained efforts, community engagement, and a commitment to social justice from all sections of society.

Statutory and Constitutional Provisions:

• Constitutional Provisions: After gaining independence in 1947, the framers of the Indian Constitution, led by B.R. Ambedkar, sought to address historical injustices through affirmative action. The Constitution includes provisions for reservations in education, employment, and political representation for Scheduled Castes (SCs) and Scheduled Tribes (STs).
• Scheduled Castes and Tribes (Prevention of Atrocities) Act: The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was enacted in 1989 to specifically address violence against Dalits and Adivasis. The law provides for the prevention of atrocities, protection of rights, and punishment for offenses committed against members of these communities.

Major Caste Based Violence in India:

Caste-based violence in India has unfortunately been a recurring issue, with several major incidents drawing attention to the deeply rooted caste dynamics in the country. While it’s challenging to provide an exhaustive list, here are a few notable incidents that garnered widespread attention:

• Khairlanji Massacre (2006): In Khairlanji, a village in Maharashtra, a Dalit family was brutally attacked. Four members of the Bhotmange family were murdered, and the women were sexually assaulted. The incident highlighted the deep-seated caste prejudices and led to protests and demands for justice.
• Una Flogging Incident (2016): In Una, Gujarat, a video surfaced showing the public flogging of Dalit men by self-proclaimed cow vigilantes for allegedly skinning a dead cow. The incident sparked widespread outrage, and Dalit communities organized protests, demanding an end to caste-based violence and discrimination.
• Rohith Vemula Suicide (2016): Rohith Vemula, a Dalit research scholar at the University of Hyderabad, died by suicide. His death brought attention to issues of discrimination and the lack of inclusivity in educational institutions. It sparked nationwide protests and debates on caste-based discrimination in higher education.
• Bhima Koregaon Violence (2018): Clashes erupted in Bhima Koregaon, Maharashtra, during an event commemorating the bicentenary of the Battle of Bhima Koregaon. Dalits attending the event faced violence, allegedly orchestrated by upper-caste groups. The incident reignited discussions on caste tensions in the region.
• Murder of Pranay Kumar (2018): Pranay Kumar, a Dalit man, was murdered in Miryalaguda, Telangana, for marrying Amrutha Varshini, a woman from an upper-caste family. The case highlighted the challenges faced by couples in inter-caste marriages and the violence associated with such relationships.
• Jharkhand Lynching Cases (2019): In Jharkhand, several incidents of lynching were reported, including the lynching of Tabrez Ansari. The violence was fueled by suspicions of theft, but it also brought attention to the role of caste and religion in such incidents.
• Gujarat Dalit Atrocities (2020): A series of incidents in Gujarat, including the alleged killing of a Dalit man, brought attention to the prevalence of caste-based violence. The incidents underscored the need for addressing deep-rooted prejudices and discrimination.
• Behmai Massacre: Phoolan Devi was an Indian dacoit (bandit. Born into a traditional Mallaah (boatman class) family, she was kidnapped by a gang of dacoits.  The Gujjar leader of the gang tried to rape her, but she was protected by the deputy leader of that gang Vikram, who belonged to her caste. Later, an upper-caste Thakur friend of Vikram killed him, abducted Phoolan, and locked her up in the Behmai village. Phoolan was raped in the village by Thakur men, until she managed to escape after three weeks.  Then Phoolan Devi formed her own gang. On 14 February 1981, her gang massacred 22 Thakur men in the village, only two of which were supposedly involved in her kidnapping or rape. Kshatriya Swabhiman Andolan Samanvay Committee (KSASC), a Kshatriya organization, held a statewide campaign to protest against her. She was elected a Member of Parliament twice and fought for Dalit & Indigenous Rights.

These incidents highlight the persistence of caste-based violence and discrimination in various parts of India. It’s important to note that these cases represent only a fraction of the overall problem, as many instances of caste violence go unreported or are not widely publicized. Efforts to address these issues include legal reforms, social awareness campaigns, and community engagement initiatives to promote inclusivity and equality.

Failure of Criminal Justice System in Deterring Caste Based Violence:

The criminal justice system in India has faced criticism for its perceived failures in deterring and addressing caste-based violence. Several factors contribute to these challenges, including systemic issues, biases, and gaps in the implementation of existing laws. Here are some key aspects highlighting the perceived failures:

• Delayed Justice: One of the significant criticisms is the delay in the justice delivery system. Lengthy legal proceedings can lead to a lack of deterrence, as victims and their families may face prolonged periods of uncertainty and psychological trauma.
• Underreporting and Intimidation: Caste-based violence often goes unreported due to fear of reprisals or intimidation. Victims, particularly from marginalized communities, may hesitate to file complaints against powerful individuals or dominant caste groups.
• Weak Implementation of Laws: While there are specific laws in place to address caste-based violence, such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the implementation of these laws is sometimes weak. Lack of awareness among law enforcement officials and societal biases can hinder effective implementation.
• Police Apathy and Bias: Instances of police apathy or bias in handling cases of caste-based violence have been reported. Discrimination within the police force, combined with societal biases, can influence the investigation process and impact the pursuit of justice.
• Inadequate Witness Protection: Witnesses in caste-based violence cases often face threats or coercion, leading to their reluctance to testify. The lack of effective witness protection programs can undermine the prosecution’s case and deter victims from seeking justice.
• Lack of Sensitization and Training: Law enforcement agencies may lack adequate training and sensitization to deal with cases involving caste dynamics. Training programs focusing on cultural sensitivity, understanding caste issues, and recognizing discriminatory practices are crucial for effective handling of such cases.
• Social Pressure and Compromises: Societal and community pressure can sometimes lead to compromises or out-of-court settlements, preventing the judicial system from delivering a fair and deterrent punishment. This is often driven by the desire to maintain social harmony or protect the reputation of the community.
• Political Interference: Political interference in legal processes, particularly when caste dynamics are involved, can undermine the impartiality of investigations and trials. Political considerations may impact the filing of charges, arrests, and the overall pursuit of justice.
• Institutional Inertia: The criminal justice system may suffer from institutional inertia, making it resistant to change. Overcoming deep-rooted biases and ensuring accountability within the system is a long-term challenge that requires structural reforms.
• Judicial Backlog: The overall backlog of cases in the judiciary contributes to delays in hearing caste-based violence cases. Overburdened courts may struggle to prioritize and expedite cases, affecting the timely delivery of justice.

Addressing these challenges requires a multi-pronged approach involving legal reforms, capacity-building within the criminal justice system, community sensitization, and efforts to challenge deep-seated societal biases. Strengthening witness protection mechanisms, ensuring fair investigations, and promoting accountability at all levels are essential steps toward improving the effectiveness of the criminal justice system in deterring caste-based violence in India.

Conclusion:

Caste-based violence in India is a form of discrimination and oppression that targets people belonging to Scheduled Castes (SCs) and Scheduled Tribes (STs), who are historically marginalized and disadvantaged groups in Indian society. In Spite of enactment of legislations to prevent such atrocities and violent acts the structural loopholes of these legislations pave a perverted way for higher caste people to commit such crimes against underprivileged and get away with any consequences. In the modern world where the world is facing higher problems of climate change, economy and other global issues Indian society is still stuck with the ancient problem of casteism. Addressing caste-based violence requires a concerted effort involving legal reforms, social awareness campaigns, community empowerment, and a commitment to challenging deeply rooted social norms. While progress has been made, there is still work to be done to ensure that all individuals in India can live free from discrimination and violence based on their caste identity.