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VOL. 6, ISSUE 6 (2020)
Constitutional protections against caste based discrimination in India: Emerging judicial trends
Authors
Ajit Singh Chahal
Abstract
Equality of status and promotion of fraternity assuring the dignity of the individual are the basic pillars of the preambular concept of Indian Constitution but castism, sectional & religious diversities and parochialism are disintegrating the people in India. Earlier, Indian society was based on four varnas and later on caste system developed by which the concept of untouchability evolved. During the process of framing of the Indian Constitution, Babasaheb Dr. B. R. Ambedkar made the provision under Indian Constitution for abolition of untouchability. In this modern age the outward appearance of untouchability has been changed from physical untouchability into psychological untouchability. There are so many castes in Backward Classes which are also subjected of discrimination either by physical untouchability or psychological untouchability. Article 17 abolished ‘Untouchability’ and forbids its practice in any form and made it an offence punishable in accordance with law. Later on, the Parliament Untouchability (offences) Act 1955 and amended the Untouchability (offences) Act 1955 which was renamed as the Protection of Civil Rights Act, 1955. After that the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been passed. The execution of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not proper because the victims are pressurized socially to withdraw the cases. Later on the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was accordingly amended in 2015 and 2018 due to some erred judicial decisions. Now, the issue is again under consideration due to the Apex Court Judgment dated 05th November, 2020. So, we have to discuss caste based discriminations, its historical perspective, constituent assembly debates, constitutional perspective, statutory provisions for protections against caste based discriminations and emerging judicial trends in India for the purpose of this research work.
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Pages:323-330
How to cite this article:
Ajit Singh Chahal "Constitutional protections against caste based discrimination in India: Emerging judicial trends ". International Journal of Law, Vol 6, Issue 6, 2020, Pages 323-330
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