Research Reports


Caste Review

Manufacturing Reasonable Doubt: Caste Prejudice in Special SC/ST Courts

Caste Review | March 10, 2024

Abstract

The low conviction rate in cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, cannot be attributed solely to the alleged filing of false cases, as is often claimed. In reality, several systemic issues contribute to this phenomenon, including legal loopholes, procedural delays, and flawed investigations. Among the most concerning reasons is the deliberate subversion of justice through what has been termed the “Manufacturing of Reasonable Doubt.” It is an insidious practice prevalent in many Special SC/ST Courts, where key functionaries, driven by caste prejudice, intentionally create circumstances that push the complainant-victim to turn hostile. This tactic compels the complainant-victim to withdraw their statement, fail to identify the accused, or deny critical particulars of their earlier testimony. Given that a conviction requires proof beyond reasonable doubt, the deliberate manufacturing of such doubt results in acquittals.

Problem of Public View: Loophole in Sections 3(1)(r) & 3(1)(s) of the Prevention of Atrocities Act

Caste Review | February 18, 2024

Abstract

There are three scenarios in which a person can hurl caste-based insults or abuse using the “C-word” and still evade liability under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: (1) when the insult or abuse occurs in a private place, not within public view; (2) when the insult or abuse occurs in a private place, not within public view, but in the presence of the complainant’s relatives or friends; and (3) when the insult or abuse occurs during a private conversation conducted over a phone call or through electronic messages. In all these scenarios, evidence such as audio or video recordings, even if provided by the complainant, does not affect the outcome.

Casteism in Cremation: Segregation of Dead Bodies in Cremation Grounds

Caste Review | January 28, 2024

Abstract

They say death is the greatest equalizer, but for Dalits, this is not true. In their story, death delivers one last parting gift of casteism. When they die, it is decreed that their dead bodies must be segregated to avoid polluting the upper-caste dead. Untouchability touches them, even in death. If you witness the final journey of a Dalit, you will see that his caste follows with him even to the cremation ground. This final journey, from his house to the cremation ground, is paved with watchful eyes. The word is that his Dalit body must not pass through the streets of the so-called upper castes. As always, the Dalits comply, ensuring that the procession avoids these sacred streets. The situation becomes more complicated when a Dalit must share his final journey with that of an upper-caste dead in a common cremation ground, especially when the funeral pyre of the upper-caste dead is already lit. In such cases, the issue is not merely segregation but outright denial of access to the cremation ground.

Scuttling Opportunities: Policy Problems in the National Overseas Scholarship Scheme

Caste Review | January 14, 2024

Abstract

There are certain onerous terms and conditions of the Scheme that are completely at odds with its overall objectives and goals. These conditions reflect a typical bureaucratic policy detached from ground realities. As a result, many applicants choose not to apply for the Scheme at all. Those who do apply are often left to fend for themselves, even after securing admission to top universities worldwide. Consequently, many applicants opt to rely on schemes offered by their respective state governments or other private scholarships. More than being a scholarship scheme, it is a scheme purposefully designed to scuttle opportunities.