On November 18th, the Centre for Law and Policy Research (CLPR) organised a National Consultation on ‘Why Caste Matters: Court Decisions on Caste Discrimination in India’. The Consultation was held at the India International Centre (IIC), New Delhi, and was attended by Dalit rights activists, academics, and lawyers to provide their feedback on the resource book.
This publication is part of a series by CLPR, with the support of the German Embassy, that aims to compile the most important High Court and Supreme Court judgments on caste jurisprudence in India. This resource book aims to serve as a ready reckoner for civil society groups, legal practitioners, academics, and laypersons alike.
The first session by Jayna Kothari (Executive Director of CLPR and Senior Advocate) focused on Article 17 and Untouchability. Jayna linked Article 17, which abolishes untouchability, to legislative frameworks like the Protection of Civil Rights Act (PCRA) and The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act. She highlighted historical judgments and their significance in addressing untouchability-related issues.
Discussant Kavita Srivastava (National President, PUCL) underscored the need to adopt an Ambedkarite approach, pointing out that Article 17 addresses untouchability but does not tackle caste annihilation. She reiterated Ambedkar’s warning about reducing untouchability laws to “mere piffling offenses” and emphasized integrating his ideas on constitutional morality and fraternity.
Participants stressed the importance of presenting untouchability in the context of dignity (individual and collective) and fraternity, as envisioned by Ambedkar. They called for more robust field investigations to document contemporary forms of caste discrimination.
Naibedya Dash (Research Associate, CLPR) presented the second session on The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989, where he discussed the important provisions and cases. He focused on the coverage of the act, the bar against anticipatory bail and the lack of its proper implementation.
Discussant Henri Tiphagne (Executive Director, People’s Watch) suggested mentioning the history behind the SC/ST PoA Act and asked CLPR to look into disseminating the Resource Book to Principal District Judges and judicial academies across the country.
Discussant Daniel Edwin (Trustee and Chief Functionary, Human Rights Research and Advocacy Foundation) suggested narrowing the focus in terms of the audience catered to in the Resource Book. He also highlighted the need to keep legal terminology clear and sharp. He also asked that critiques of judgements such as Subhash Kashinath Mahajan highlight the unsound legal reasoning used.
Priya Chaudhari (Research Associate, CLPR) presented the third session on Prohibition of Manual Scavenging. She provided an overview on the legislation of the manual scavenging and while discussing cases such as Safai Karamchari Andolan and Balram Singh, and emphasized their implications for compensation, rehabilitation, and systemic reform. Both discussants highlighted the improper implementation of the Act at the grassroots level and highlighted the critical role of activists in ensuring implementation of judgments.
Discussant Dr Obalesha (Thamate) suggested penalising bureaucratic negligence by making officials accountable in litigation and addressing psychological impacts of manual scavenging. Discussant Karunanidhi (Advocate, Madurai) emphasized the need for legal provisions like Section 3(1)(j) of the SC/ST (Prevention of Atrocities) Act to penalize those employing manual scavengers.
The fourth session on Non-Discrimination and Reservations was led by Disha Choudhary (Senior Research Associate, CLPR). Disha detailed the cases selected for this section and their significance, beginning with Chamapakam Dorairajan v. State of Madras, which introduced the first amendment to the Constitution by inserting Article 15(4), and concluding with the most recent judgment, The State of Punjab v. Davinder Singh, which addresses the constitutionality of sub-classification for the purpose of reservation.
The discussant for this session, Prof. Jadaumani Mahanand (Jindal Global Law School) highlighted several issues surrounding reservations and how they are treated by the courts. He urged that the title of the Resource Book reflect its intended demographic, and suggested including the Rohith Vemula Act in the introductory sections on legislative framework. He also emphasised the need to include cases of police atrocities on the basis of caste.
Participants continued this discussion on the issue of sub-classification cautioning against a positive outlook for Davinder Singh the judgment. Another contention raised by one of the participants was the absence of the Maratha reservations judgment from the resource book.
The last session on Miscellaneous Cases was presented by Disha in Hindi, who acknowledged its work-in-progress nature and title. This session covered three issues: land rights for marginalized caste groups, inter-caste marriages and honour crimes, and entitlements after religious conversion.
Manisha Mashal (Founder, Swabhiman Society) and Abirami Jotheeswaran (Director, AIDMAM, National Campaign on Dalit Human Rights) were the discussants for this session. Manisha highlighted issues of implementation, language barriers, and the need for the resource book to be translated into Hindi. Abhirami, on the other hand, questioned the relevance of judgments from the 1950s and 1970s and their contemporary impact. Both discussants urged the team to consider including a section on Dalit women to address cases at the intersection of caste and gender.
The consultation provided key insights to enhance the resource book’s content and reach. Key suggestions such as the inclusion of important historical figures such as BR Ambedkar and PS Krishnan would place the resource book in the appropriate socio-cultural context, and adding a glossary for important terminology and incorporating expansive critiques will increase access for the layperson while illuminating the impact of these judgements. The final Resource Book on Caste Jurisprudence is expected to be published later this year, and it hopes to serve as an essential resource for legal literacy, advocacy, and advancing the rights of marginalised communities in India.
