Samenvatting

This paper seeks to review the situation of the right to equality combined with the actual caste system in India. The world's longest surviving social hierarchy, is strongly rooted in the Indian society for over 2000 years.
The first chapter focuses on the basis of the caste system deriving from Hinduism. It was found that, originally, it was a social stratification based on four divisions of society, varnas, distinct according to profession. This is followed by a description of the position of Dalits, the fifth category, excluded from the traditional social structure. Dalits are denied any political, cultural and economical participation in society. The Indian government, realising the persistent inequality, has come up with a strategy to improve the socio-economic status of the disadvantaged castes.
The second chapter lists all the applicable domestic and international laws related to equality. The Constitution of India guarantees the right to equality before the law to all its citizens, however, it allows interpretation based on classification. This is further explained in the chapter, claiming mainly that according to this doctrine, the right to equality is subject to an exception of positive discrimination in favour of backward classes. Apart from constitutional fundamental rights granting the right to equality and abolishment of untouchability, India implemented the policy of reservation based on quotas in education, government jobs and government bodies. This strategy has been criticised as an insufficient, unevenly distributed action, which instead of diminishing, intensifies the social divisions. Another important protective legislation, The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which prohibits numerous acts of violence against Dalits is also described. Furthermore, India is signatory to numerous international conventions which are presented later in the chapter. This part also explains the reasons behind failure to ensure just and complete enforcement of these provisions. It describes caste related bias among police officers and other judiciary officials. This situation resulted in numerous appeals and recommendations to the Indian government. Recommendations drawn by the United Nations are further quoted in the chapter.
The third chapter analyses two different approaches to interpretation of equality: substantive and formal. According to the substantive concept, which applies in India, identical treatment is not an equal treatment as circumstances and people differ, so respectively, diverse treatment shall apply. This part, furthermore, explains principle of classification and new and old doctrine of equality which are included in the Indian constitution. Most of the discussed arguments are supported by the relevant Supreme Court judgements in landmark cases. Additionally, the international interpretation of equality is clarified. Although it does not provide the principle of classification, it accepts certain distinctions between people. Lastly, a comparison of the two is given, stating the main difference between Indian and international interpretation; the Indian government does not recognise caste based discrimination as racism.
In conclusion to the given information, the fourth chapter summarises the situation in India and challenges faced by its legislation. The recommendations are given, stating mainly that the equality strategy in India should include both, a remedy to the effects of discrimination and elimination of the discriminatory mindset. As the conclusion provides; change in India is possible, as long as the balance between Indian culture, international assistance and the new bottom-up approach is sustained.