The Failure of Justice: Caste, Gender and Law in the Hathras Case

The Hathras case, wherein a Dalit woman was assaulted and murdered in Uttar Pradesh (India) in 2020, brought into focus the structural deficiencies within the Indian criminal justice system. This article critically analyses how caste hierarchies, patriarchal structures and institutional failures together create a system of injustice. Using a socio-legal and intersectional framework, the article examines how the implementation of constitutional guarantees, most importantly Articles 14, 15 and 21, collapses in the face of entrenched caste and gender prejudice. The research, based on secondary data, judicial documents and media discourse, indicates a systematic pattern of procedural neglect, state complicity and the manipulation of narratives. This article argues that the Hathras incident is not a one-off incident but a manifestation of structural violence inherent in India’s democratic institutions. It concludes that the pursuit of justice for Dalit women requires not merely legal reform but a change in social morality and institutional accountability. The study contributes to understanding the limits of legal equality within a hierarchically structured society by situating the Hathras case within the broader discourse of caste, gender and human rights.

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Publication Details

Journal
Contemporary Voice of Dalit
Published
2026-04-01
DOI
https://doi.org/10.1177/2455328x261434740
Primary Topic
South Asian Studies and Conflicts
Type
article
Field-Weighted Citation Impact
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article

The Failure of Justice: Caste, Gender and Law in the Hathras Case

Navin Kumar, Pardeep Kumar
Contemporary Voice of Dalit
South Asian Studies and Conflicts
article

The Failure of Justice: Caste, Gender and Law in the Hathras Case

Navin Kumar, Pardeep Kumar
article en

Abstract

The Hathras case, wherein a Dalit woman was assaulted and murdered in Uttar Pradesh (India) in 2020, brought into focus the structural deficiencies within the Indian criminal justice system. This article critically analyses how caste hierarchies, patriarchal structures and institutional failures together create a system of injustice. Using a socio-legal and intersectional framework, the article examines how the implementation of constitutional guarantees, most importantly Articles 14, 15 and 21, collapses in the face of entrenched caste and gender prejudice. The research, based on secondary data, judicial documents and media discourse, indicates a systematic pattern of procedural neglect, state complicity and the manipulation of narratives. This article argues that the Hathras incident is not a one-off incident but a manifestation of structural violence inherent in India’s democratic institutions. It concludes that the pursuit of justice for Dalit women requires not merely legal reform but a change in social morality and institutional accountability. The study contributes to understanding the limits of legal equality within a hierarchically structured society by situating the Hathras case within the broader discourse of caste, gender and human rights.

Contemporary Voice of Dalit
National Institute of Technology Kurukshetra (IN), Kurukshetra University (IN), Maharshi Dayanand University (IN)
Gender equality
Openalex Percentile: Top 25%
South Asian Studies and Conflicts
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