Caste Based Discrimination in the enjoyment of Fundamental Rights: A Critical Review of the present status of Dalit’s in India

Sailajananda Saikia

Abstract


Under-educated, severely impoverished, and brutally exploited, Dalits struggle to provide for even their most basic daily needs. Dalits must also endure daily threats to their physical security from both state and private actors. The violence by upper-caste groups against Dalits have two major causes: the “untouchability” and discrimination upper-caste community members practice on a daily basis and the desire of upper-caste community members to protect their own entrenched status by preventing Dalit development and the fulfillment of Dalits’ rights. A review of the political, social, economic, and cultural status of Dalits in India shows the State Party to be in violation of its obligation to respect, protect, and ensure Convention rights to all individuals in its jurisdiction. India routinely denies Dalits the rights and privileges that many of its other citizens take for granted. An attempt has been made in this paper to high light the issues and problems of India as a country that has failed in its duty to eliminate caste discrimination and ensure the full enjoyment of the fundamental rights and equality before the law of Dalits guaranteed by Article 5. A review of the political, social, economic, and cultural status of Dalits in India shows the State Party to be in violation of its obligation to respect, protect, and ensure Convention rights to all individuals in its jurisdiction.


Keywords


Untouchability; discrimination; right to equal treatment; Inequality

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References


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