The caste system, social ordering process with complex structures, existent in India from a very early period of history, has impacted Indian laws in some or the other manners. This paper analyses the genesis of the caste system in India, its effects in the society, and the legislation passed in a bid to eradicate caste system. The article offers a rare exegesis of the laws presupposed by the examination; the constitution and the emerging controversies in the fight for social justice and equity.

Introduction
The caste system in India is a great form of social classification that separates people into categories depending on the work called karma and the duties or dharma. Such system has been in circulation for centuries and has influenced social interactions, the flow of resources, and who gets to wield power. Although constitution empowers equality, discrimination based on caste still persists which range from million people of India in every aspect of life. This article will sparked from the general understanding of historical background of caste system in India, effects it has on society today and attempts to legal redress of existing discriminations.

According to many authors, the caste system in India has its roots in ancient times.

Origins of the Caste System

The origins of the caste system can be traced back to the Vedic period (approximately 1500 to 500 BCE) when society was divided into four main varnas:

• Brahmins: Priests and teachers for performing religious ceremonies and passing down the sacred knowledge.
• Kshatriyas: Epics of protection and warfare, nobles and rulers in Lineages.
• Vaishyas: Large trading and agricultural producers and processors, businessmen, and owners of land and property.
• Shudras: Laborers and service providers who did tasks such as fetching and carrying water for people.

These castes were dependent on each other's occupational roles and prescription of spiritual impurity, with the Brahmins being ranked on top and the Shudras at the bottom. With time, this more fluid system evolved and became fixed, creating more and more jatis, which subdivided society. Sub-dividing the jatis by region and other concerns prior to elders and changes in the economy brought thousands of mutations in the further sub-castes, thereby intensifying the issues rather than simplifying the complexities.

Frames Evolution and Institutionalization

During the later part of the medieval period, the general structure of castes had developed more rigorously along with the codes of behavior that existed between two different castes. The members of the two castes could not move up in social status and occupied only jobs belonging to their status. The caste system received further reinforcement from colonialism that classified and amalgamated social entities for proper bureaucratic organization. It is a fact that the British colonial authority was using this caste system as a policy, not directly implementing the caste system but framing classes of castes which were often oppressive. Socio-economic changes that took place during the British regime, in terms of land revenue policies and industrialization, modified traditional professions and augmented the competition amongst castes. This brought caste-based political identities into force, which defined India's political scenario after independence.

Legal System As A Basis for Combating Caste Discrimination

Constitutional Provisions

The constitutional law in India, established in 1950, was an effort toward eliminating social inequality based on castes. The Constitution makers were rightly conscious of the wrongs done to minorities in other countries and therefore aimed at giving the legal system of the country the best spirit of Justice, Liberty, Equality, and Fraternity. Key constitutional provisions include:

• Article 15: Forbids discrimination based on religion, race, caste, sex, or place of birth. This article is fundamental for the protection of individual liberties and the right to equality across different domains of life.
• Article 17: Erases untouchability and prohibits it in any form whatsoever. This provision tackles social discrimination against SCs and specifically targets illegal discrimination on the basis of caste.
• Article 46: Supports policies for the educational and economic development of SCs, STs, or other backward and weaker classes of society. This provision supports affirmative action relevant to historical injustice and the common good.

Legislative Measures

To further strengthen the fight against caste discrimination, various laws have been enacted:

• The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: Aims to eradicate atrocities against SCs and STs with provisions for special courts to expedite proceedings. It bans discrimination and violence against marginalized groups and sanctions social exclusion, eviction from properties, and the use of physical force.
• The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993: Seeks to eliminate the practice of manual scavenging and provide rehabilitation to those involved. It empowers enforcement against this practice, which is considered one of the worst forms of untouchability.
• The Right to Education Act, 2009: Provides free and compulsory education to children and includes special provisions for SCs and STs to improve their access to education and narrow socio-economic gaps.

Judicial Interpretation

The Supreme Court of India has been quite active in interpreting constitutional provisions and laws banning untouchability. Some judgments have acted as precedents in broadening the legal framework of exclusion. For instance, in the Vishaka vs. State of Rajasthan (1997) case, the Supreme Court of India delivered standard operational directives to check sexual harassment in the workplace, with clauses to safeguard women from caste-based harassment.

Judiciary has also woken up to the realization of the importance of affirmative action in it's various decisions in support of the reservation policies for education and jobs. In 1992 the venerable judgement of the apex court was delivered in the case of Indra Sawhney vs Union of India wherein the Supreme Court of India held the constitutional validity of special provisions of reservation to OBCs in favour of other backward classes as the state is in the imperative legal and constitutional obligation to undo the historical wrongs and affirm the principle of social justice.

Effect of the Caste System on Indian Society

Economic Disparities

• Because of casteism, the poor remain at the lower end of the social scale where they are confined to low-wage jobs devoid of skills. Although legal provisions to uplift these communities exist, the socioeconomic disparity is still very much in existence. Some relief has come from reservation policies in education and employment, but these have been preceded by several questions and issues regarding their functioning. For example, in an aspect where there are representations of the SCs and the STs in relevant positions through reservation, the destination is far off from the desired provision of quality education for them.
• Discrimination compounded by modern global economic structures has culminated in restricted access to resources, capital, and chances of social mobility. The continued practice of trades related to lower castes makes its impact stronger even in terms of economy. Socio-economic status of people from lower classes, especially * and ** communities, remains worsened due to prejudice in the labor market and hence little hope of upward social mobility.

Social Stratification

• The caste system has caused rigid social structures, which in many cases give rise to ethnic-sensitive issues and violence. Prejudice found in lower castes helps explain social marginalization because it separates people from what is considered pure and deserving of resources, jobs, and friends. Despite the interactions of people belonging to different caste statuses, in most parts of India, the caste system separates society.
• The different forms of discriminations based on caste principles are social exclusion, violation of basic human rights, and extra-legal killings. Caste violence in various forms including honor killings and lynching are regular occurrences, indicating that prejudices are deeply rooted and efforts at change remain a work in progress.

Political Dynamics

• Caste dominates the political arena in India, a fact which sees most of the political parties using the caste system as a means of organizing support. This political mobilization has helped some communities gain voice, claim rights, and be represented. At the same time, it has made caste politics the norm, thereby defeating the purpose of building one nation, one people.
• Over the years, political representation for such communities has increased through reserved seats for SCs and STs in legislatures. However, the efficacy of this representation is often marginalized due to the fragmentation of communities as well as the dominance of the upper castes. In addition, commitments to casteist party politics may deepen petty partisan divisions, making casteist parties insensitive to the general welfare of society, or even the country.

Contemporary Challenges

The Continuity of Untouchability

• Though untouchability has been legally banned, it still persists in some forms, especially in rural areas. Vertical reservation, employment insecurity, health inequality, risk of loss of physical education, and social harassment reveal the demands of social reality at odds with the legal framework for the Dalit community. This is the reason why many people in vulnerable groups are discriminated against in their access to resources including education, health care, and housing.
• The continuation of untouchability remains largely influenced by social practices that sustain the principles of the caste system. Hence, to establish actual equality, the social awareness process to change attitudes toward the caste system is important.

Implementation Issues

• Even though various laws have been established to counter caste discrimination, the enforcement of those laws is usually poor. Lack of awareness, corruption, and societal resistance remain some of the critical barriers to legal enforcement measures.
• Inadequate training and resources for investigation and legal proceedings of the law enforcement agencies also restrict cases related to caste atrocities. A combination of legal protection and capacity-building measures are required in order to guarantee meaningful enforcement of non-discrimination provisions in areas where prejudices are most rampant.

Social Purchase

• Some members of the new Indian society are part of the caste system because of liberalization and modernization; however, they are still constrained by old unchanging prejudices. In fact, the prejudice against the Dalits, which previous constitutional laws prohibited, still persists in many areas of socio-political domains. A cultural shift entails continued efforts at creating awareness, igniting the 'light bulb' to go on, and everyone embracing the change.
• Efforts made by social justice movements and campaigns, particularly relating to the elimination of caste prejudices, are fundamental. Any efforts that promote intervarsity activities, particularly between members of different castes, can go a long way in building bridges by ensuring that members of different castes meet and work together. Education has a very strong influence when it comes to changing perceptions about caste. Incorporating awareness about the caste system and its effects into modern school programs will go a long way towards correcting society's attitude.

 

Approaches to Change for Reform:

Legal Reforms:

Therefore for legal prohibition of the effects of this system, especially the caste system, to be effective, then they must continue to be changed. This includes:

• Strengthening Existing Laws: The laws like the Prevention of Atrocities Act should thus be implemented with way more seriousness and priority. There is growing pressure on authorities to investigate and prosecute all offenses against the minority groups as early as possible. However, establishment of more special courts to handle such cases so as to ensure speedy trial can also improve on justice delivery.
• Expanding the Definition of Atrocities: The existing laws define atrocities under the Prevention of Atrocities Act in a very limited manner and may not prevent discrimination in areas other than employment; however, by inclusion of new laws such as economic oppression and social exclusion, the Act can protect a lot of discriminated people.
• Promoting Education and Awareness: This calls for regular legal awareness creation to sensitize the vulnerable groups of the society on their legal rights. Legal awareness intervention can enable people to pursue their rights and comprehend their rights as well.
   

Educational Initiatives

Education as a force can bring changes at the social level. To dismantle the caste system and its impacts, several educational initiatives should be considered:

• Inclusive Curriculum: Schools should have teaching about caste discrimination, human rights, and social justice modules.
• Scholarship Programs: Both government and private sectors should come up with scholarships that would accommodate SCs, STs, OBCs in the view of improving their opportunities.
• Awareness Campaigns: Different unbiased media campaigns insisting on raising awareness about the effects of castism are helpful in bringing change in society. NGO and community organization partnerships can further such messages.
   

Community Engagement

Emphasis is laid on the involvement of the public as a way of bringing changes to communities. Community Elders and opinion makers should be encouraged to participate in debates on caste discrimination and its impacts. Initiatives could include:

• Dialogue Forums: Cultivating forums through which different caste groups apprehend and overcome prejudices can make them effective agents in advancing cooperation in the general struggle for major social issues.
• Cultural Programs: Events that share the cultural heritage of different castes can bring a change to make people open their eyes and unify people of different castes.
• Empowerment of Marginalized Voices: It is important that these marginalized communities participate in decision-making at local, state, and national levels. Proposals for eradicating caste inequalities empower these voices so that the policies affect parties within communities comprising discriminated castes.
   

The Role of Technology

The new technological revolution is very helpful in the modern world in resolving the issue of caste discrimination. There are many opportunities leveraging the web to increase awareness, promote rights, and develop a cause. Initiatives that utilize technology can include:

• Social Media Campaigns: Intensifying the internet communities for the anti-caste message, as well as other kinds of social media forums, could spread a message and get heard by a larger population, particularly the youths.
• Online Legal Aid Services: Online lawyers can work to help the oppressed people, educate them about their rights, and where there is a violation of those rights, seek legal remedy.
• Mobile Applications: There is a possibility of the creation of mobile applications through which people can report cases of caste discrimination for appropriate action to be taken by the authorities, a move which will help in supporting the victims.

Conclusion
The caste system has affected especially the economy, social relations and political situation in India in a significant manner. Though much has been done on eradicating discrimination of caste in the law courts, there are yawning gaps in translating these measures into practice and making them part of the social order. The continuity of such social beliefs as the so understood caste system requires the intervention based on the application of law as well as the introduction of social consciousness and people's enlightenment.

Actually, it is crucial to find out that, for achieving the goals of equity and justice to prevailing discriminations, a multi-faceted approach which is legally, educationally, communally, and technologically constructed is necessary. Thus, only if India gets to the bottom of it and spreads the idea of non-discrimination based on caste, the country will be closer to the constitutional aspirations of justice, liberty, and equality by all citizens of the country.

References:

• Ghurye, G.S. (1969). Caste and Race in India. Popular Prakashan.
• Omvedt, Gail. (2001). Caste, Class and Gender: Emerging Nature of Prejudice in India. Sage Publications.
• Deshpande, Satish. (2012). Contemporary Caste System in India. Economic and Political Weekly, Vol: 51, Iss: 41 & 42.
• Right to Freedom from discrimination under Article 15, Abolition of untouchability under Article 17, 46.
• An act to protect the rights of Scheduled Castes and Scheduled Tribes passed in the year 1989.
• Manual Scavengers (Employment) and Construction of Dry Latrines (Prohibition) Act, 1993.
• This act is the Right to Education Act of 2009.
• Vishaka and others v. State of Rajasthan and anr. 1997 Cr.LJ 3218 (S.C.) : (1997) 2 S.C.C. 727.
• Shankar, S. (2015). Caste and Class: Having reviewed the education goals, this paper will analyze challenges of education in India with specific highlighting of the following. Journal of South Asia (Current Developments).
• Singh, K. (2019). Misuse Of Technology In Caste Discrimination In India. Vol 27 No 2, July-December 2006, published by the Tata Institute of Social Sciences Mumbai.