Caste and Law: Legal Framework to Address Caste Discrimination

Article 15 of the Indian Constitution prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.

The Untouchability (Offences) Act, 1955 was enacted to prevent the practice of untouchability and to provide penalties for its violation.

Article 17 of the Indian Constitution abolished the practice of untouchability and forbade its enforcement in any form.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted to provide special protection to victims of caste-based atrocities and to prevent their occurrence.

In E.V. Chinnaiah v. State of Andhra Pradesh (2000), the Supreme Court of India upheld the constitutional validity of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and held that it was a necessary measure to protect the rights of Dalits.

The Scheduled Castes and Scheduled Tribes (Reservation in Promotion) Act, 2015 was enacted to provide reservation in promotion for Scheduled Castes and Scheduled Tribes in government jobs.

Article 16 of the Indian Constitution prohibits discrimination in public employment on the grounds of religion, race, caste, sex, descent, place of birth, residence, or any of them.

The Protection of Civil Rights Act, 1955 was enacted to provide for the appointment of a Commissioner for Scheduled Castes and Scheduled Tribes to investigate, monitor, and report on the implementation of various laws and policies aimed at preventing caste discrimination.

In Olga Tellis v. Bombay Municipal Corporation (1985), the Supreme Court of India held that caste discrimination is a violation of the fundamental right to equality guaranteed under Article 14 of the Constitution.

The National Commission for Backward Classes Act, 2013 was enacted to provide for the establishment of a National Commission for Backward Classes to investigate, monitor, and report on the implementation of various laws and policies aimed at preventing caste discrimination.

Article 29 of the Indian Constitution prohibits discrimination on the grounds of caste in educational institutions.

The National Commission for Safai Karamcharis Act, 2012 was enacted to provide for the establishment of a National Commission for Safai Karamcharis to investigate, monitor, and report on the implementation of various laws and policies aimed at preventing caste discrimination.

In Safai Karamchari Andolan v. Union of India (2014), the Supreme Court of India held that the practice of manual scavenging is a violation of the fundamental right to life and dignity guaranteed under Article 21 of the Constitution.

The National Commission for Denotified, Nomadic, and Semi-Nomadic Tribes Act, 2016 was enacted to provide for the establishment of a National Commission for Denotified, Nomadic, and Semi-Nomadic Tribes to investigate, monitor, and report on the implementation of various laws and policies aimed at preventing caste discrimination.