Caste

What is Caste?

The Portuguese and then the British applied the term casta or caste to South Asian social structures in the colonial era, but the term's persistence in contemporary legal and administrative jargon means that the word caste is widely used by South Asians today. Caste is a rough translation of the indigenous term jati, referring to countless birth groups that vary depending on context and region, or of another term, varna, which literally means “color” and refers to an idealized hierarchy of Brahmins, kshatriyas, vaishyas, shudras, and, below all of these, the avarna (castes outside the varna system), sometimes referred to as “untouchables.” Dalit, which means “oppressed” or “ground down,” is the name currently preferred by many in these lowest castes. These divisions, codified in ancient writings of the subcontinent such as the Vedas (1500–1000 BCE) and the Manavadharmasastra (first century CE), are associated with different occupations, rules of behavior, and ideas of purity. In practice, such divisions are more ambiguous and regionally varied than the codifications suggest; nevertheless, caste continues to shape the life chances of many South Asians in terms of residence, occupation, education, social interaction, and marriage.

Caste in the Law

The British colonial government in India officially recognized and classified the untouchable castes, listing them as “Scheduled Castes” (previously called “depressed classes”) in 1936, in order to implement the 1935 Government of India Act. This act gave special electoral representation to various minority groups. After Indian independence in 1947, the new government reenacted the Scheduled Caste list as the Scheduled Caste Order of 1950, prepared for the purpose of compensatory discrimination policies and other programs and protections for these groups.

India's Constitution, in effect since 1950, prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth (art. 15). An early amendment in 1951 clarified that this article should not prevent the government from making special provisions for advancing socially and educationally backward citizen classes for Scheduled Castes or Scheduled Tribes (art. 15 (4)). Compensatory discrimination policies reserve a percentage of government jobs, university admissions, and legislative seats for Scheduled Castes. In addition to reservations, low-caste victims of discrimination, violence, and other crimes can turn to legal provisions, including the Protection of Civil Rights Act [Page 161]of 1955, enforcing article 17 of the constitution, which abolished untouchability, or the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989. These far-reaching provisions have been imperfectly implemented but, as Human Rights Watch noted, have provided recourse for some individuals confronting the significant and continuing problems of caste-based discrimination, ranging from socioeconomic barriers to violent attacks.

...