CASTE: Laws Abolishing

Untouchability &
Protection Against Atrocities
Team Members: CONTENT
Anagha INTRODUCTION
Hiba Fathima
Hiba Latheef CONSTITUTIONAL
PROVISIONS
Vedanti
UNTOUCHABILITY
Adithya ABOLITION LAWS
Tenzin PROTECTION AGAINST
ATROCITIES ACT, 1989
Introduction
CASTE
The word caste derives from Spanish and Portuguese word
“Casta” meaning race, lineage or breed.

The Portuguese employed this term in modern sense when

they applied it to Indian social groups called as ‘jatis’ in India.

Caste is concerned with birth.

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Difference between Caste & Varna

Literally ‘Varna’ means colour and originates from the

world ‘Vri’ meaning the choice of one’s occupation. Hence
Varna is concerned with one’s occupation.

Varna’s are four in number:

Brahmins
Kshatriyas
Vaishyas
Shudras
 Caste
• Caste or ‘Jati’ originates from the root word ‘Jana’ which implies
taking birth. Thus, caste is concerned with birth.
• 2. Castes are very large in number. Castes also have many
subdivisions known as sub-castes.
• 3. There are regional variations mostly based on linguistic
differences.
• 4. Caste, by contrast, is a concrete grouping based on ritualistic
and occupational criteria.
• 5. The caste system imposes many restrictions on the members.

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 Theories related to Caste system in India
1st Theory
According to this theory, the caste system is of divine
origin. It says the caste system is an extension of the
varna system, where the 4 varnas originated from the
body of Brahma.
2nd Theory
According to this theory, the caste system is a clever
device invented by the Brahmins in order to place
themselves on the highest ladder of social hierarchy.

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 Principal features of caste system in
India
• 1.Segmental Division of Society
• 2.Hierarchy
• 3.Endogamy
• 4.Restrictions on food and drink
• 5.The concept of purity and pollution

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 INITIATIVES IN PRE INDEPENDENT INDIA :
1) Key Initiative by Sahuji Maharaj
Sahuji Maharaj is known as the father of reservations. He implemented 50 percent of reservation for
Dalits and backwards in educational institutions and government jobs in his state.

2)Justice Party Movement

It was started under the leadership of Dr. T.M Nair, P. Tyagaraja Chetti and C.N Mudalair in 1916
Against Brahminic dominion in government services, education and politics. Their efforts yielded in
the passing of 1930 Government Order providing reservations to groups.

3)Significance of Poona Pact

Nearly twice as many seats (147) were reserved for the depressed classes in the legislature than what
had been allotted under the Communal Award. In addition, the Poona Pact assured a fair representation
of the depressed classes in the public services while earmarking a portion of the educational grant for
their uplift. The pact made the entire country morally responsible for the uplift of the depressed classes.

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 CONSTITUTIONAL
PROVISIONS
RELATED TO CASTE

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  FUNDUMENTAL RIGHTS
 Articles 14–29 & Article 46
🍀Article14 -EQUALITY BEFORE LAW
🍀Article 15(1),(2),(4) &(5) - PROHIBITION OF DISCRIMINATION ON GROUNDS
OF RELIGION,RACE,CASTE,SEX OR PLACE OF BIRTH.
🍀Article 16(1),(2) &(4A) - EQUALITY OF OPPURTUNITY IN MATTERS OF PUBLIC
EMPLOYMENT .
🍀Article 17 -ABOLITION OF UNTOUCHABILITY
🍀Article 29(2) -REGARDING ADMISSION IN EDUCATIONAL INSTITUTIONS
MAINTAINED BY STATE AND RECEIVING AID OUT OF STATE FUNDS.
🍀Article 46 -PROMOTION OF EDUCATIONAL AND ECONOMIC INTERESTS OF
SCHEDULED CASTES ,SCHEDULED TRIBES AND OTHER WEAKER SECTIONS.
  ARICLES RELATED TO RESERVATION OF
SEATS AND POSTS
 ARTICLES 243- 335
🍀 Article 243 D(1(a),(b)),(2),(3),(4) -RESERVATION OF SEATS FOR SCHEDULED CASTE(SC)& SCHEDULED TRIBES(ST) IN THE
PANCHAYATS.
🍀Article 243T(1),(2)(3)&(4) -RESERVATION OF SEATS FOR SC AND ST IN THE MUNCIPALITIES.
🍀Article 330(1),(2),(3) -RESERVATION OF SEATS FOR SC & ST IN THE HOUSE OF THE PEOPLE.
🍀Article 332(1)(2),(3) - RESERVATION OF SEATS FOR SC & ST IN THE LEGISLATIVE ASSEMBLIES OF THE STATES.
🍀Article 335 -CLAIMS OF SC & ST TO SERVICES AND POSTS.

🍀Article 338 -NATIONAL COMMISSION OF SCHEDULED CASTES.

🍀Article 338A -NATIONAL COMMISSION OF SCHEDULED TRIBES.

🍀Article 341(1),(2) - WHAT IS SCHEDULED CASTES.

🍀Article 342(1),(2) - WHAT IS SCHEDULED TRIBES.

🍀Article 366(24) -DEFINITION OF SCHEDULED CASTES.

🍀Article 366(25) - DEFINITION OF SCHEDULED TRIBES.
Thank You