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Article 15 in our
constitution states that state shall not discriminate any person
according to his caste , sex, religion and place of birth and
No citizen shall, on grounds only of religion, race, caste, sex, place
of birth or any of them, be subject to any disability, liability,
restriction or condition with regard to
(a) access to shops, public restaurants, hotels and palaces of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public
resort maintained wholly or partly out of State funds or dedicated to
the use of the general public
In the case of violation of
article 15 , we can approach to supreme court under article 32 and high
court under article 226 , only when there is such discrimination is by
the state not by ordinary person . in a common man language ‘state ‘
means a government , government authorities like municipal corporation
and legislation of central ‘parliament’ and in state ;’state
legislation’.
Article 17 clearly states that untouchability is
abolished any type of discrimination relating to untouchability is an
offence. Under article 17 , any type of discrimination we can approach
to court as well as police for the enforcement of article 17.
The
provisions of SC/ST Act and Rules can be divided into three different
categories, covering a variety of issues related to atrocities against
SC/ST people and their position in society.
• The first category
contains provisions of criminal law. It establishes criminal liability
for a number of specifically defined atrocities, and extends the scope
of certain categories of penalizations given in the Indian Penal Code
(IPC).
• The second category contains provisions for relief and compensation for victims of atrocities.
• The third category contains provisions that establish special authorities for the implementation and monitoring of the Act.
Defining 'atrocity'
The term 'atrocity' was not defined until this Act was passed by the
Parliament in 1989. In legal parlance, the Act understands the term to
mean an offence punishable under sections 3(1) and 3(2).
In specific terms:
1. Atrocity is “an expression commonly used to refer to crimes against
Scheduled Castes (SCs) and Scheduled Tribes (STs) in India”.
2.
It “denotes the quality of being shockingly cruel and inhumane, whereas
the term 'crime' relates to an act punishable by law”.
3. It
implies “any offence under the Indian Penal Code (IPC) committed against
SCs by non-SC persons, or against STs by non-ST persons. Caste
consideration as a motive is not necessary to make such an offence in
case of atrocity”.
The Act lists 22 offences relating to various
patterns of behaviours inflicting criminal offences for shattering the
self-respect and esteem of SCs and STs, denial of economic, democratic
and social rights, discrimination, exploitation and abuse of the legal
process, etc.[13]
History of caste system in india
In
india the caste system is prevailing over 4500 years. Manusmriti is the
first ancient document written in sansktit language which is more
complex than any other ancient document. In manusmriti the fist ever
caste system is mention , which results in today’s caste system. In
manusmriti , we can know about the society and social mechanism at that
time. According to manusmriti there was a division of caste system
according to their work. In manusmriti ‘brahmins’ consider as the head
of the brahma , ‘kshatriyas’ as the bold shoulders of thr brahma,
‘vaishyas’ as the lim of the brahma , ‘shudras as the feet of brahma.
These four cateogories of caste cateogrised according to their work.
Brahmins duty to read novels , do holy works , speaking holy chants ,
commencing worship. Kshatriyas duty to rule kingdom , protect society
, welfare of society. Vaishyas role in farming , trading , production .
shudras duty to work for above three groups . the fifts and most
discriminated caste was ‘dalits’ . who performs work like disposing dead
body of animals and making products from dead animals skin. They knowns
as ‘chamra- kaar’ . lateron this words evolve into word ‘ chamaar’ . we
can used class 12 history book 1 , chapter 3 as a reference where
above is mentioned.
Present situation
The caste system which
was inference by manusmriti is same prevalent in modern india. The
subcastes added to these major castes like division of Brahmins in
various sub castes accordin to their ‘gotra’.
In modern india , we
consider shudras and dalit as a lowercaste but this consideration wrong.
The caste system in India is old model and no reference in modern days.
But the reservation system in our constitution provides help to
schedule caste and schedule tribe. We need to abolish these reservation
system and create a new conscience in every individual mind that the
‘caste is only for the glory of own customs , rituals not to harass or
discriminate others.
Determining a person as a upper caste is not
a crime because that person not offend. But if we denote person as a
lower caste he obviously offend and it is a crime . The reason is that
the conscience developed in our mind to react awkward with the schedule
caste and schedule tribe. this is wrong and against the humanity. In
the modern lime light discriminating a person according to his caste is
an act of shame.
Acc to the theory of jusctice by john rawls. In
his theory , he consider as the social liberty is the most important
liberty than any other justice
Golden words.......
“Indifferentism is the worst kind of disease that can affect people.”
― Bhimrao Ramji Ambedkar,
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