Article 15 of the Indian constitution prohibits discrimination only on the basis of religion, race, caste, sex, place of birth or any of them. Moreover, clause 4 of article 15 does not bar the state to make legislations for the promotion of SCs and STs. However, what we are witnessing these days is fully in contrast with article 15.
These instances of discrimination on the basis of caste have seen a tremendous upsurge. This article will discuss 2 main factors which govern the instances of discrimination on the basis of caste.
Historical: During the age of Buddha (i.e. 500 BC), the formal legal system was set up which was governed by Dharma sutras. The Dharma sutras set up four varnas namely – Brahmanas, Kshatriyas, Vaishyas and Shudras and their duties therefore. The higher the varna, the purer the person and lower the punishment. The lower the varna, the more impure the person and higher the punishment. The Shudras were considered to be created from the feet of the creator, and hence could not marry inter-caste; moreover, they could work as servants and laborers only for the so-called twice-born (Dvija) castes, namely the Brahmanas, Kshatriyas, and Vaishyas. Over time, this discrimination held its roots tightly and persists till today (albeit decreased), steadily entering the social sphere and the daily life of the people. The India Human Development Survey (IHDS) highlights this persistence, noting that approximately 27% of households still admit to practicing some form of untouchability in their daily lives. (Source: IHDS via NCAER)
Political and Social: Since independence, there has been always some sort of discrimination, be it for social upliftment or vote bank. As the constitution per se provides several provisions for the upliftment and betterment of socially and backward (Article 15(5) empowers the State to reserve seats in educational institutions—including private ones—for the advancement of backward classes, SCs, and STs. Similarly, Article 16(4) permits reservations in government employment to ensure adequate representation for underrepresented groups. Most fundamentally, Article 17 unconditionally abolishes ‘Untouchability,’ declaring its practice a criminal offense punishable by law.
However, the dirty vote bank politics abuse these provisions by dividing the masses and giving reservation to various communities which are not in need of the same, just for gaining votes from the community. This is often complicated by the “sub-categorization” debate, recently addressed by the Supreme Court in State of Punjab v. Davinder Singh (2024), which seeks to ensure that benefits actually reach the most marginalized rather than being cornered by a few. (Source: Supreme Court of India). This caste-based division is more prevalent in North India, specifically, the states of Uttar Pradesh and Bihar and can be directly proportional to the illiteracy rate. Furthermore, UDISE+ data indicates that educational gaps remain a hurdle, as dropout rates for SC/ST students in higher education stay disproportionately high compared to other categories. (Source: UDISE+ via Ministry of Education)
The politicians from various political parties deliver rhetorical speeches dividing the masses on the caste lines without addressing the real issues. The “University Grants Commission (Promotion of equity in higher education & institutions) regulation bill, 2026” is an example of how the youth can be indulged in casteism. These regulations have been made to curb caste-based discrimination, however, the provision for ragging and prosecution against false complaints was dropped which as a result presupposed the upper-castes as natural offenders. Subsequently, the Supreme Court on 29 January, 2026 stayed the new regulations because of its vague nature and the violation of the principal of natural justice (i.e.: one cannot be judged without a fair defence). (Source: Supreme Court of India). This new regulation raises significant questions about how the divisive politics is being inserted in the education system. Politicians, in their speeches deliver hate which further polarizes the society and increases tensions between different groups and communities.
The severity of this issue is reflected in the numbers: according to the NCRB, crimes against Scheduled Castes have surged, with the year 2022 witnessing 57,582 registered cases. (Source: NCRB via Sansad.in)
The Way Forward:
- Mass awareness campaigns should be initiated on village level throughout the country to educate the masses about the consequences of caste-based discrimination, constitutional provisions against it and promotion of fraternity among the masses.
- Suo moto cognizance must be taken by courts in instances of divisive and hate laden statements.
- Any social customs or regulations which promote casteism like the mention of caste in matrimonial advertisements, caste-based colonies (ghettos), or the use of caste surnames in official school registers to categorize students must be made illegal.
Conclusion: While casteism holds its roots back to 500 BC, it has no space in today’s modern India, especially, where we have witnessed the destructive nature of casteism. It bars the country from progressing and implementing the concepts of Justice, Liberty, Equality and Fraternity, therefore violating articles 14, 15, 16 and 17. If Scientific temper is promoted and this issue is given national heed with political will, it would not be far for India to fully get rid of this caste-based discrimination.
The writer is the author of “THE YOUNG CITIZENS’ GUIDE TO THE CONSTITUTION OF INDIA” and an independent researcher. authorchehtishamulhaq@gmail.com
