Malcolm Rivera
India's caste system is one of the world's oldest surviving social hierarchies, dividing Hindus into four main categories and thousands of sub-groups based on their work, birth, and lineage. Despite laws against caste-based discrimination, the system continues to impact Indian society, with caste groups functioning as powerful political pressure groups. The Indian Constitution has outlawed the practice of Untouchability and established affirmative action policies, but caste-based segregation, violence, and inequality persist, and the system is kept alive by politicians seeking electoral gains.
Is Caste Illegal in the Indian Constitution?
| Characteristics | Values |
|---|---|
| Caste-based discrimination | Illegal |
| Caste-based segregation | Illegal |
| Caste-based violence | Illegal |
| Caste-based inequality | Illegal |
| Caste-based discrimination in employment | Illegal |
| Caste-based discrimination in education | Illegal |
| Caste-based discrimination in other opportunities | Illegal |
| Caste-based quotas in schools and Parliament | Legal |
| Caste-based affirmative action | Legal |
| Caste-based political pressure groups | Legal |
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What You'll Learn
Caste-based discrimination is illegal in India
India's caste system is one of the world's oldest surviving social hierarchies, dating back some 3,000 years. It divides Hindus into four main categories, or varnas, based on their karma (work) and dharma (duty). These varnas are: Brahmins (the priestly class), Kshatriyas (the ruling, administrative, and warrior class), Vaishyas (artisans, tradesmen, farmers, and merchants), and Shudras (manual workers). There are also thousands of sub-groups based on lineage, known as jatis.
The Indian Constitution, authored by a Dalit, Dr B.R. Ambedkar, outlaws caste-based discrimination and untouchability. Article 15 of the Constitution prohibits discrimination based on caste, and Article 17 abolished untouchability, making its practice a punishable offence. The government has also established special quotas in schools and Parliament to aid the lowest jatis. However, caste-based discrimination, segregation, violence, and inequality persist in India.
Historically, the caste system dictated almost every aspect of Hindu religious and social life. Upper and lower castes often lived in segregated colonies, did not share water wells, and could only marry within their own caste. Rural communities were arranged based on caste, and caste was a person's primary identity after their family. Caste also influenced marriage selection and political voting blocs.
Despite laws that aim to create equality, the caste system continues to strongly impact Indian society. In recent years, there have been violent protests by communities demanding access to caste quotas, and critics of the reservation system believe that people will falsely identify with a backward caste to receive benefits. Additionally, a 2018 survey by Equality Labs found that 67% of Dalits reported being treated unfairly at their workplace because of their caste.
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Caste is not illegal in India
India's caste system is one of the world's oldest surviving social hierarchies, with its origins dating back more than 3,000 years. The system divides Hindus into four main categories: Brahmins (priestly class), Kshatriyas (rulers, administrators, and warriors), Vaishyas (artisans, tradesmen, farmers, and merchants), and Shudras (manual workers). These categories are further subdivided into thousands of sub-castes based on specific occupations and lineage. While the Indian Constitution has outlawed the practice of "Untouchability" and banned discrimination based on caste, the caste system itself is not illegal in India.
Article 15 of the Indian Constitution prohibits discrimination based on caste, and Article 17 declares the practice of "Untouchability" illegal, making it a punishable offence. However, caste-based discrimination, segregation, violence, and inequality persist in Indian society. The caste system has dictated almost every aspect of Hindu religious and social life, influencing marriage selections, social identities, and political voting blocs.
The caste system's rigidity has been challenged and negotiated throughout history, with some mobility between castes occurring over time. British colonial rulers solidified caste distinctions, using censuses to simplify the system and facilitate governance. Despite legal protections, caste-based discrimination remains prevalent in India. For example, a 2018 survey by Equality Labs found that 67% of Dalits reported facing unfair treatment at their workplace due to their caste.
The Indian government has implemented affirmative action policies and established special quotas in schools and Parliament to aid lower castes. However, these policies have faced opposition, with some arguing that they result in reverse discrimination against forward castes (castes that do not qualify for reservations). The complex dynamics of caste in India continue to shape social interactions, political alliances, and economic opportunities, highlighting the enduring influence of this ancient system.
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Caste and untouchability
India's caste system, which divides Hindus into different societal groups according to their work and birth, is thought to date back around 3,000 years. Hindus are divided into four classes based on the principle of "
The term "Dalit", which means "divided, split, broken, scattered" in Classical Sanskrit, was first used in the 19th century to refer to people outside of the four varnas. Dalits are considered "tainted by their birth" into a caste system that deems them impure and less than human. They are relegated to the lowest jobs, such as cleaning latrines and sewers, and agricultural work, and often face human rights abuses, violence, and discrimination. According to figures presented at the International Dalit Conference in 2000, 90% of poor Indians and 95% of illiterate Indians are Dalits.
The practice of untouchability, which is largely unique to South Asia, is a form of social institution that legitimises and enforces discriminatory, humiliating, exclusionary, and exploitative practices against certain social groups. While untouchability has been outlawed in India, Nepal, and Pakistan, it remains prevalent across India, particularly in rural areas. The Indian Constitution abolished untouchability in 1950 and provided affirmative action measures for Dalits and other social groups within the caste system in both educational institutions and public services. However, enforcement of laws designed to protect Dalits is often lacking, and prejudice, discrimination, segregation, and violence based on untouchability persist.
Caste-based discrimination is not limited to Hinduism and has also been practised in other regions and religions in the Indian subcontinent, including Nepalese Buddhism, Christianity, Islam, Judaism, and Sikhism. It has been challenged by reformist movements within these religions, as well as by affirmative action policies and anti-discrimination laws enacted by the Indian government. Despite these efforts, caste-based discrimination, segregation, violence, and inequality persist in India, and the caste system continues to strongly influence society.
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Caste and employment
India's caste system is one of the world's oldest surviving forms of social stratification, with its origins in ancient India. The system divides Hindus into four main categories or classes, based on the principle of "varna", which means "type", "order", "colour", or "class":
- Brahmins (the priestly class)
- Kshatriyas (the ruling, administrative, and warrior class)
- Vaishyas (the class of artisans, tradesmen, farmers, and merchants)
- Shudras (manual workers or labouring classes)
There are also people who fall outside of this system, including tribal people and the Dalits, previously known as "untouchables". The concept of "jati", meaning "birth", underlies the caste system and has led to the creation of thousands of sub-groups based on lineage.
Despite laws banning caste-based discrimination in India and among the Indian diaspora, the caste system continues to be practised, and discrimination, segregation, violence, and inequality persist. In 2020, the California Department of Fair Employment and Housing filed a lawsuit against Cisco and two of its employees for alleged discrimination against an Indian engineer because he was from a lower caste. According to a 2018 survey by civil rights group Equality Labs, 67% of Dalits reported being treated unfairly at their workplace due to their caste.
To address historical injustices and provide equal opportunities for disadvantaged groups, the Indian government introduced affirmative action policies, including quotas for scheduled castes and tribes in government jobs and educational institutions. These policies have led to widespread protests, with critics arguing that they result in reverse discrimination against forward castes (those not qualifying for the reservation).
While the caste system has somewhat declined in influence due to secular education and urbanisation, it still plays a significant role in Indian society, with caste identities remaining strong and inter-caste marriages rare. Caste continues to be a factor in employment, with people from lower castes facing discrimination and segregation in the workplace, despite legal protections.
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Caste and politics
The caste system in India is a form of social stratification that assigns individuals to specific social groups based on their birth. While the Indian Constitution abolished untouchability and prohibited discrimination based on caste, the caste system continues to influence politics and society in India.
The caste system has historically been a factor in Indian politics, with upper-caste dominance within the government perpetuated and reinforced during colonial rule. Despite efforts to address this discrepancy, the status quo remained until the 1990s when economic liberalisation in India reduced state control and fuelled the rise of caste-centric parties focused on empowering lower castes. The role of caste in politics is complex, with caste not only determining one's role in political institutions but also influencing access to resources, police assistance, and judicial processes.
In recent years, there has been a shift in caste politics, with the concentration of lower-caste individuals in specific regions leading to regional dominance and impacting political representation. This has resulted in the formation of political parties, such as the Bahujan Samaj Party (BSP), challenging the power of the upper castes. However, caste-based politics has also been associated with corruption, with leaders exploiting lower-caste dissent to rob state institutions.
The reservation system, which acts as affirmative action to provide representation to disadvantaged caste groups, has been a controversial topic in Indian politics. While it aims to address inequality, it has also led to widespread protests, with some arguing that it results in reverse discrimination against forward castes. The two largest national parties have had an ambiguous relationship with the question of caste, and it remains a sensitive issue in Indian politics.
Caste continues to be a significant factor in electoral politics, with opposition leaders using it as a rallying cry to unite against the ruling party. In the 2025 general election, the BJP faced heavy losses, partly due to its failure to effectively address caste-based injustice. The success of the opposition was attributed to their ability to present a united front and stick to a consistent message, highlighting the ongoing importance of caste as a political issue in India.
While the influence of caste in Indian politics is evolving, it remains a powerful force that shapes opportunities and representation. Efforts to address caste-based discrimination and inequality continue, but the complex history and deep-rooted nature of the caste system present ongoing challenges.
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Frequently asked questions
No, caste itself is not illegal in India. However, the Indian Constitution has banned discrimination on the basis of caste and passed laws against caste-based discrimination.
The caste system is a form of social stratification that divides Hindus into rigid hierarchical groups based on their karma (work) and dharma (duty). The system is generally accepted to be more than 3,000 years old and consists of four main castes: Brahmins, Kshatriyas, Vaishyas, and Shudras.
Jati refers to the specific caste or sub-caste that an individual belongs to. The term appears in almost all Indian languages and is related to the idea of lineage or kinship group. The caste system, as it is known today, is called Jati.
The caste system has had a strong impact on Indian society, with rural communities historically being arranged on the basis of caste. Upper and lower castes often lived in segregated colonies, did not share water wells, and could only marry within their own caste. Caste has also influenced political democracy, with caste groups functioning effectively as political pressure groups.
The Indian government has established special quotas in schools and Parliament to aid the lowest jatis. Additionally, caste discrimination is prohibited in employment, education, and other opportunities. Social reform movements have also led to changes in caste identities, with some people choosing to use only one name to move away from caste associations.
