Caste-Based Violence In India: A Study Through Conflict Theory And The SC/ST (Prevention Of Atrocities) Act, 1989
- IJLLR Journal
- Jul 4
- 1 min read
Philadarisha Lyngkhoi, LL.M., Sharda University, Greater Noida, Uttar Pradesh, India
ABSTRACT
Historical discrimination, unequal power relationships, and social hierarchy have led to castebased violence being one of the most persistent forms of structural violence in India. Atrocities against SCs and STs are still observed though the constitution guarantees equality and the prevention of atrocities against them is provided for by the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The article explores the issue of caste based violence using Conflict Theory because it has been suggested that caste-based violence is not individual criminal act but the product of structural inequality and exercise of social control of dominant caste group. The research method of the study is doctrinal research which draws information from statutory interpretations, judicial interpretations, books, journal articles and other secondary sources. It reviews the salient provisions of the SC/ST (Prevention of Atrocities) Act, 1989, important judicial decisions and the problems in the implementation of the Act such as institutional bias, delayed investigation and trial, low conviction rates etc. The article concludes that while the Act is an important legal tool for safeguarding the rights of marginalized communities and ensuring social justice, its impact is hindered by the lack of effective enforcement and deep- rooted social inequalities. It also makes a case for the need for meaningful amelioration of caste violence to go beyond the Law and order reform and instead, to seek a more comprehensive institutional accountability and social change to mitigate structural drivers of caste discrimination.
Keywords: Caste-Based Violence, Conflict Theory, Scheduled Castes, Scheduled Tribes, SC/ST (Prevention of Atrocities) Act, 1989, Structural Inequality, Social Justice, Criminology, India.
