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…
The Right of Dignity of Prisoners- Article 21
Article 21 provides that “No person shall be deprived of his life or personal liberty except according to procedure established by law”. In a number of judgments, the Court has…
“Article 17 of the Indian Constitution: Abolition of Untouchability, Legal Framework, and Social Impact”
Article 17 of the Constitution provides that: ““Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an…