Supreme Court on the Continued Prevalence of Caste-Based Discrimination in India
This is an excerpt from the case of ‘Sukanya Shantha v. Union of India (2024)’ What does the future hold for India? Dr Ambedkar had expressed this concern in his…
The Role of Legal Service Authorities in Prisons
In order to ensure that the fundamental rights of prisoners are not violated, the role of legal services authorities is crucial. The importance of free legal aid has been emphasized…
The Origin of the word ‘Habitual Offender’ under Indian Laws
The classification of “habitual offender” emerged prior to the repeal of the Criminal Tribes Act. Several Provinces had enacted their habitual offender laws. The Madras Restriction of Habitual Offenders Act,…
Whether caste based division of labour/work is forced labour? – Supreme Court Answers
The question was answered by Supreme Court in the case of ‘Sukanya Shantha v. Union of India (2024)’, when the petitioner, Sukanya Shantha, a journalist, who wrote an article “From…
Is it violative under Article 14 to classify Prisoners on the basis of Caste? – Supreme Court Answers
The question was answered by Supreme Court in the case of ‘Sukanya Shantha v. Union of India (2024)’, when the petitioner, Sukanya Shantha, a journalist, who wrote an article “From…
Caste in Colonial Indian Prisons and the Legacy of Discrimination
(i) History of “Caste” in Prison Manuals According to the Committee on Prison Discipline 1836-38, to force a man of ‘higher caste’ to work at any trade would ‘disgrace him’…
Judicial Interpretation and Legislative Framework for the Protection of Scheduled Castes and Tribes
Prevention of Atrocities Act, 1986 Parliament enacted legislation to prevent discrimination and atrocities against the Scheduled Castes and the Scheduled Tribes. In State of Karnataka v. Appa Balu Ingale, Justice…
The Colonial Suppression of Marginalized Castes and Tribes- Criminal Tribes Act
The colonial history indicates that the British reproduced the systems of social hierarchy in their legal framework. Following several revolts from indigenous communities in India, in particular their participation in…
A Brief History of Pre-Colonial Era Caste-Based Oppression in India
The history of India has witnessed centuries of discrimination towards the oppressed castes. Violence, discrimination, oppression, hatred, contempt, and humiliation, towards these communities were the norm. The caste system entrenched…
Prohibition of Forced Labour: Constitutional Safeguards and Judicial Interpretations under Article 23
Article 23 provides that: “Prohibition of traffic in human beings and forced labour.— (1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and…