Prevalence of Untouchability Against Dalits and the Caste System in India: A Jurisprudential Analysis
Keywords:
Caste System, Dalit rights, Immanuel Kant, John Rawls, Ambedkar Jurisprudence, Human Rights, untouchables, Scheduled castes, Fundamental rights, Minority recognition, the constitution of IndiaAbstract
The Dalits (previously known as Untouchables) are victims of the caste-based discrimination prevalent in Indian society. India's Dalits are around 167 million, or one-6th of its population. The scheduled caste (constitutional term for Dalits) community, i.e., Dalits, have likewise sought minority rights and indigenous groups' recognition before global forums. However, the Dalits do not promptly meet the globally concurred rules for minorities or native people groups. In India, Dalits aren't lawfully recognised as a minority group. They enjoy only a few Constitutional protections and Constitutional status in the form of affirmative action, which is distinct from those classified as "minorities". According to philosopher Immanuel Kant, this oppression violates moral laws and is immoral. The research paper apart addressing the constitutional provision of Article 14 (right to equality), article 15(right against discrimination against caste, race, sex, religion or place of birth), article 16(right to equal opportunity in the matter of public employment), and article 17(Abolition of Untouchability), includes philosophies behind the existence of the prevalent caste system and Dalit oppression. This research paper was written, analysing eight articles, seven research papers, a report on Untouchability by the National Council of Applied Economic Research (NCAER) and various case studies on violation of Dalit rights. The NCAER report states that one in every four Indians admits to practising Untouchability in India. As per the authors' analysis and findings, despite legislative and constitutional prohibitions of Untouchability and discrimination based on caste, they continue to suffer caste-based discrimination and violence. I have used the Kantian theories of Categorical imperative, universality principle and John Rawls's theory of the veil of ignorance. Moreover, Ambedkar's Jurisprudence has also influenced the analysis of the problem. In conclusion, the study highlights ongoing caste-based discrimination against Dalits in India, despite legal safeguards, utilizing Kantian and Rawlsian ethical frameworks.
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