Caste and Crime in India: The Influence of Social Hierarchy on Justice

This paper explores the role of caste in shaping the Indian criminal justice system, focusing on how social hierarchies continue to influence legal processes and outcomes. Caste-based discrimination is still present within law enforcement and judicial procedures and sentencing, often affecting Scheduled Castes and Scheduled Tribes (SCs and STs) despite constitutional guarantees of equality. Based on historical and contemporary evidence, the study illustrates how caste prejudices persist, which leads to systemic inequalities and unequal treatment of marginalized communities within the justice system. The paper critically examines existing legal frameworks, such as anti-discrimination laws, and identifies gaps in enforcement that perpetuate caste-based injustices. The research draws attention to the social and psychological burden that caste-based discrimination puts on those participating in the criminal justice process, especially those of lower castes. In addressing these issues, the paper proposes practical reforms to dismantle caste-based discrimination within the criminal justice system. These would include caste sensitivity training for police and judges, strengthening legal protection against caste discrimination, and improved access to justice for marginalized communities. Ultimately, it aims to ensure that individuals of all castes receive equal and fair treatment within the Indian criminal justice system.

Authors

Publication Details

Journal
Indian Journal of Social Science and Literature
Published
2025-09-27
DOI
https://doi.org/10.54105/ijssl.d117505010925
Citations
1
Primary Topic
Crime, Illicit Activities, and Governance
Type
article
Field-Weighted Citation Impact
4.20
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article

Caste and Crime in India: The Influence of Social Hierarchy on Justice

Navin Kumar
1 citations
Indian Journal of Social Science and Literature
Crime, Illicit Activities, and Governance
4.20
article

Caste and Crime in India: The Influence of Social Hierarchy on Justice

Navin Kumar
article en
1 citations

Abstract

This paper explores the role of caste in shaping the Indian criminal justice system, focusing on how social hierarchies continue to influence legal processes and outcomes. Caste-based discrimination is still present within law enforcement and judicial procedures and sentencing, often affecting Scheduled Castes and Scheduled Tribes (SCs and STs) despite constitutional guarantees of equality. Based on historical and contemporary evidence, the study illustrates how caste prejudices persist, which leads to systemic inequalities and unequal treatment of marginalized communities within the justice system. The paper critically examines existing legal frameworks, such as anti-discrimination laws, and identifies gaps in enforcement that perpetuate caste-based injustices. The research draws attention to the social and psychological burden that caste-based discrimination puts on those participating in the criminal justice process, especially those of lower castes. In addressing these issues, the paper proposes practical reforms to dismantle caste-based discrimination within the criminal justice system. These would include caste sensitivity training for police and judges, strengthening legal protection against caste discrimination, and improved access to justice for marginalized communities. Ultimately, it aims to ensure that individuals of all castes receive equal and fair treatment within the Indian criminal justice system.

Indian Journal of Social Science and LiteratureVol. 5(1)
Openalex Percentile: Top 6%
Crime, Illicit Activities, and Governance
4.20
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