Caste, Crime, And Justice: An Analysis Of Systemic Discrimination In India's Criminal Justice System
- IJLLR Journal
- 1 day ago
- 1 min read
Jinesh M, Assistant Professor (Law), School of Law (Vistas), Chennai
ABSTRACT
This paper examines the deep-seated intersection between caste discrimination and India's criminal justice system, analyzing how historical hierarchies continue to manifest in contemporary legal processes. Despite constitutional guarantees of equality and specific legislative protections such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, marginalized caste communities face systematic discrimination at every stage of the criminal justice process, from policing to prosecution to incarceration. Through an analysis of empirical data, judicial pronouncements, and legislative frameworks, this paper demonstrates that caste-based discrimination persists as both explicit violence and structural marginalization. The paper explores how the criminal justice system often fails to protect Dalit and Adivasi victims while simultaneously over- criminalizing these communities. It examines the role of police bias, prosecutorial discretion, and judicial attitudes in perpetuating caste hierarchies. The paper concludes by proposing systemic reforms including comprehensive data collection, enhanced accountability mechanisms, and transformative justice approaches that address the root causes of caste-based discrimination in legal institutions.
