I – I NTERNAL ASSESSMENT | DEVELOPMENTAL LAWYERING PRACTICE

II YEAR Semester - IV (2021-2026)

1st -Internal Assessment

Developmental Lawyering Practice:

“Legal Literacy Booklet” -

“….And Justice for All”

NAME: Shreyansh Prakash Singh

DIVISION: D
PRN: 21010125314
COURSE: B.A. LL.B. (Hons.)
BATCH: 2021-2026
SUBMITTED TO: Prof. Chaitraly Deshmukh

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TABLE OF CONTENTS

Introduction........................................................................................3
Background.........................................................................................3
Government Programmes and Schemes:......................................3
What are the various laws and rights related to the problem
identified?............................................................................................4
There are several case laws and rights related to the problem of
caste-based discrimination in India................................................4
When, Who, where and how the victims/complainant can
approach the right forum...................................................................6
The victims/complainants of caste-based atrocities can approach
various forums for redressal of their grievances, including:.......6
Recommendations & Solutions with Regards to The Problem
Identified..............................................................................................8
Some recommendations and solutions to address this problem:.8
Some of the committee reports and schemes that can be useful
in addressing the issue of caste-based atrocities in India:............9

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Introduction

The caste system is an age-old social stratification practice in that been prevalent for
centuries. It is a hierarchical system that divides people into different groups based on their
birth, with each caste having its own duties and responsibilities. However, the caste system
has had a significant impact on Indian society, leading to discrimination, inequality, and
social exclusion of people from lower castes. This Legal Literacy Booklet aims to provide
information on the caste system in India, its legal perspective, impact, and the way forward
towards creating a more just and equal society. By understanding the legal framework and the
impact of the caste system, we can work towards creating a society that is free from
discrimination and inequality.

Background

The caste system has been a deeply rooted social issue in

India for centuries. It has led to discrimination, inequality,
and social exclusion of people from lower castes. Despite
constitutional protections and legal frameworks to combat
caste-based discrimination, the practice still persists in
various parts of the country. However, the Indian
government has taken several steps to address the problem
of caste-based discrimination and uplift people from lower
castes. In this section, we will discuss various government programmes and schemes related
to the same.

Government Programmes and Schemes:

1. Scheduled Caste Sub Plan (SCSP): The SCSP is a government initiative that aims to
allocate funds for the welfare of people from lower castes. The plan ensures that a
specific percentage of the budget is allocated to schemes and programmes for the
development of Scheduled Castes.

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2. National Scheduled Castes Finance and Development Corporation (NSFDC):

NSFDC is a government corporation that provides financial assistance to people from
lower castes for starting their businesses. The corporation provides loans, training,
and marketing assistance to Scheduled Caste entrepreneurs.
3. Dr. Ambedkar Post-Matric Scholarship for Economically Backward Classes: The
scholarship is a government initiative that provides financial assistance to students
from economically weaker sections pursuing Gandhi Rural Employment Guarantee
(MGNREGA): MGNREGA is a that provides employment opportunities to people
from lower castes in rural areas. The programme guarantees 100 days of employment
to every household in rural areas.
4. National Campaign on Dalit Human Rights (NCDHR): The NCDHR is a non-
governmental organization that works to promote and protect the rights of people
from lower castes. The organization works with various stakeholders, including the
government, to ensure that the rights of people from lower castes are protected.

The Government of India has taken several initiatives to address the problem of caste-based
discrimination and uplift people from lower castes. These programmes and schemes aim to
provide financial assistance, education, and employment opportunities to people from lower
castes. However, there is still a long way to go in eradicating the caste system and creating a
society that is free from discrimination and inequality. By implementing and improving these
schemes and programmes, we can work towards creating a more just and equal society.

What are the various laws and rights related to the problem
identified?

There are several case laws and rights related to the problem of caste-based
discrimination in India.

Here are some of the significant ones:

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1. The Constitution of India - The Indian

Constitution provides for fundamental rights and
prohibits discrimination on the basis of caste,
religion, gender, and other factors. Articles 14,
15, and 16 of the Constitution provide for
equality before law, prohibition of
discrimination, and equal opportunity in public
employment, respectively. Article 17 of the
Constitution abolishes untouchability, which is a
caste-based practice.

2. The Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989 -
The Act provides for the prevention of atrocities against Scheduled Castes and Scheduled
Tribes. It criminalizes acts like forcing a person from a lower caste to eat or drink anything
that they consider to be polluting, or compelling them to do forced labour. The Act also
provides for special courts to try such offenses and provides for compensation to the victims.

3. Indra Sawhney v. Union of India 1- The case dealt with the issue of reservation for
Scheduled Castes and Scheduled Tribes in public employment. The Supreme Court upheld
the constitutional validity of the reservation policy and held that reservation should not
exceed 50% of the total available seats.

4. B.R. Ambedkar v. Union of India2 - The case dealt with the implementation of
reservation policy in private educational institutions. The Supreme Court held that private
educational institutions are also bound to follow the reservation policy and reserved seats
should be filled by students from Scheduled Castes, Scheduled Tribes, and Other Backward
Classes.

5. National Legal Services Authority v. Union of India3 - The case dealt with the
recognition of transgender people as a third gender. The Supreme Court held that transgender
people have the right to self-identification and directed the government to provide them with
education and employment opportunities.
1
(1992) 3 SCC 217
2
(1990) 1 SCC 433
3
(2014) 5 SCC 438

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The case laws and rights related to caste-based discrimination provide legal protection to
people from lower castes and prohibit discrimination on the basis of caste. The Constitution
of India, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and
various court judgments provide for equal opportunities and protection of the rights of people
from lower castes. However, there is still a need to create awareness and implement these
laws effectively to eradicate caste-based discrimination and create a society that is free from
inequality and discrimination.

When, Who, where and how the victims/complainant can

approach the right forum.

Caste-based atrocities or caste discrimination has been a long-standing issue in India, despite
the constitutional provisions prohibiting such practices. The Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989, commonly known as the POA Act, was enacted
to prevent such atrocities and provide for special courts for their trial. The act has been
amended several times to make it more effective.

The victims/complainants of caste-based

atrocities can approach various forums for
redressal of their grievances, including:

Police Station: Any victim of a caste-based atrocity can file

a complaint at the nearest police station. The police are
bound to register an FIR and investigate the matter. The
police must also inform the victim about the legal remedies
available to them.

National Commission for Scheduled Castes: The National

Commission for Scheduled Castes (NCSC) is a statutory body established under Article 338
of the Constitution of India. It is responsible for safeguarding the rights and interests of
Scheduled Castes. The commission can take suo-moto cognizance of any case of atrocity or
can inquire into any complaint made by a victim of such an atrocity. The commission can

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recommend action to be taken against the offenders and can also award compensation to the
victims.

National Human Rights Commission: The National Human Rights Commission (NHRC) is
a statutory body established under the Protection of Human Rights Act, 1993. It is
responsible for the protection and promotion of human rights in the country. The NHRC can
take cognizance of any case of human rights violation, including caste-based atrocities. The
commission can inquire into such cases and recommend appropriate action to be taken
against the offenders.

Special Court: The POA Act provides for the establishment of special courts for the trial of
offences committed against Scheduled Castes and Scheduled Tribes. The special courts are
required to dispose of such cases within two months of the filing of the charge sheet. The
courts can award appropriate punishment to the offenders and can also order the payment of
compensation to the victims.

Case laws related to caste-based atrocities:

State of M.P. v. Ram Krishna Balothia4: In this case, the Supreme Court held that the burden
of proof in a case of caste-based atrocity is on the accused. The accused must prove that the
offence was not committed with the intention of humiliating a person belonging to a
Scheduled Caste or Scheduled Tribe.

State of Maharashtra v. Milind5: In this case, the Supreme Court held that the protection
provided to Scheduled Castes and Scheduled Tribes under the POA Act is in addition to the
protection provided under the Indian Penal Code. The court held that the POA Act is a
special law and prevails over the general law in case of any inconsistency.

State of Punjab v. Gurmit Singh6: In this case, the Supreme Court held that the provisions of
the POA Act are mandatory and the courts must ensure that they are strictly enforced. The
court held that the protection provided to Scheduled Castes and Scheduled Tribes under the
act is a fundamental right guaranteed under the Constitution of India.

4
(2019) 2 SCC 552
5
Appeal (civil) 2294 1986
6
1996 SCC (2) 384

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Recommendations & Solutions with Regards to The Problem

Identified.
Caste-based atrocities in India are a serious issue that has been prevalent for centuries.
Despite constitutional guarantees and legal measures, atrocities against people from lower
castes continue to occur.

Some recommendations and solutions to address this problem:

Strengthen implementation of existing laws: The

government should ensure that existing laws related to
atrocities against Dalits are effectively implemented. This
includes the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, which provides for
stringent punishment for offences committed against Dalits
and other marginalized communities. The government
should also ensure that the police and judiciary are
sensitized towards these issues and take prompt action
against the perpetrators.

Increase awareness and sensitization: There is a need to increase awareness and

sensitization among the general public about the issue of caste-based atrocities. This can be
achieved through various measures such as awareness campaigns, seminars, workshops, and
training programs for government officials, police, and judiciary.

Empowerment of Dalits: The government should focus on empowering Dalits by providing

them with education, employment opportunities, and equal access to resources. This can be
achieved through various schemes such as the National Scheduled Castes Finance and
Development Corporation (NSFDC), which provides financial assistance for self-
employment ventures and skill development programs.

Reservation policies: Reservation policies should be implemented effectively to ensure that

Dalits have equal access to education, employment, and political representation. This can be
achieved through various measures such as the reservation of seats in educational institutions
and government jobs.

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Strengthening of institutions: Institutions such as the National Commission for Scheduled

Castes (NCSC) and State Commissions for Scheduled Castes should be strengthened to
effectively address the issue of caste-based atrocities. The government should ensure that
these institutions are adequately funded and have the necessary powers to investigate and
redress complaints of atrocities against Dalits.

Some of the committee reports and schemes that can be useful in

addressing the issue of caste-based atrocities in India:

The Mandal Commission report: The Mandal Commission report recommended reservations
for Other Backward Classes (OBCs) in government jobs and educational institutions. The
implementation of this report has helped in the empowerment of OBCs, but there is still a
need to effectively implement reservations for Dalits.

The Sachar Committee report: The Sachar Committee report highlighted the socio-economic
status of Muslims in India and recommended various measures for their upliftment. Some of
these measures can also be useful in the empowerment of Dalits.

The National Dalit Commission: The National Dalit Commission was set up to investigate
complaints of atrocities against Dalits and to monitor the implementation of various schemes
for their welfare.

The Dr. Ambedkar Post-Matric Scholarship for Economically Backward Classes: This
scheme provides financial assistance to students from economically backward classes to
pursue higher education.

The National Rural Livelihood Mission: This scheme aims to provide sustainable livelihood
opportunities to rural communities, including Dalits.

The Pradhan Mantri Awas Yojana: This scheme aims to provide affordable housing to the
urban poor, including Dalits.

Overall, addressing the issue of caste-based atrocities requires a multi-faceted approach that
includes effective implementation of laws, increased awareness and sensitization,
empowerment of Dalits, and strengthening of institutions. The recommendations and schemes
mentioned above can be useful in achieving these objectives.

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Bibliography

 Herrick, M. (2017). New Ways of Thinking Recovery from Trauma in Arundhati

Roy's the God of Small Things and Two other South Indian Narratives of Caste-based
Atrocity. interventions, 19(4), 583-598.
 Shah, P. (2017). Dissimulating on caste in British law. Western Foundations of the
Caste System, 85-126.
 Jodhka, S. S. (2017). Caste in contemporary India. Routledge India.
 Garimella, S. R. (2016). Caste-Based Violence: The Indeterminacy in the Law.
Journal of the Indian Law Institute, 234-259.
 Girard, V. (2020). Atrocities, murders, and untouchability: Measuring caste-based
discrimination. Ideas for India.
 Kochar, R. (2022). From Traditional to Modern Atrocities: Has Caste Changed in
Independent India?. Contemporary Voice of Dalit, 2455328X221136385.

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