CASTE ATROCITIES, LAW AND POST-COLONIAL STATE

Abstract

Despite constitutional guarantees and the enactment of laws such as the Protection of Civil Rights Act (1955) and the Prevention of Atrocities Act (1989), caste-based discrimination remains a persistent reality in India. The assertion of dignity, rights, and access to resources by Dalits is often perceived as a disruption to the established social order, leading to backlash and continued marginalization. This contradiction highlights a fundamental gap between the recognition of rights on paper and their realization through legal and judicial processes.

Historically, anti-caste leaders such as Phule, Shahu, and Ambedkar laid the foundations for challenging caste oppression during the colonial era. Their efforts inspired the later Dalit movement, which has consistently engaged with the state in demanding social justice. Nevertheless, systemic obstacles within the legal and bureaucratic machinery—including police bias, flawed investigations, threats against victims and witnesses, and high acquittal rates—undermine the effectiveness of these protections.

While legal frameworks exist to safeguard Dalit and Adivasi rights, their implementation is often weak, compromised by local power dynamics and caste privilege. The Dalit struggle for justice, therefore, goes beyond legal recognition; it requires a sustained and critical engagement with the state apparatus, law enforcement, and judicial systems. This lecture explores the challenges of translating formal rights into lived realities, emphasizing the need for ongoing activism to close the gap between constitutional promises and everyday justice.