India’s opposition accuses judiciary of caste bias as Dalit violence rises

NEW DELHI, India (MNTV) — India’s main opposition party has accused sections of the country’s judiciary of enabling caste-based injustice, warning that recent court decisions and a surge in hate crimes reflect deep-rooted discrimination against Dalits — the most socially oppressed group in India’s caste hierarchy.

Dalits, historically known as “untouchables,” remain among the most marginalized communities in India. Though protected under constitutional law, they continue to face violence, exclusion, and systemic bias — including, Congress argues, from the justice system itself.

In a recent press conference, Congress spokesperson Rajendra Pal Gautam said, “The judiciary is failing Dalits,” calling on the Supreme Court to intervene in what he described as “shameful and unconstitutional conduct” by some High Court judges.

Gautam pointed to several judgments as evidence of caste prejudice. Referring to a 2021 ruling by the Chhattisgarh High Court, he said, “Upper-caste men accused of raping a Dalit woman were acquitted by the court on the astonishing reasoning that ‘upper-caste men cannot rape a Dalit woman.’”

He drew parallels to the 1992 Bhanwari Devi case, in which upper-caste men were similarly acquitted of rape by the Rajasthan High Court. “What has changed in three decades?” Gautam asked. “The casteist mindset that denied justice to Bhanwari Devi in 1992 still persists today. When judges themselves uphold these prejudices, what hope remains for Dalits seeking justice?”

He also condemned a bail order imposed by the Odisha High Court on Dalit activist Kumeshwar Nayak, arrested for protesting illegal mining. The activist was released on the condition that he clean a police station daily for three months.
 

“This humiliating condition, imposed solely because of his caste and his courage to speak against injustice, reflects the deep-rooted bias that still infects parts of our judicial system,” he said. “Such conditions mock our Constitution and reduce justice to a tool of oppression.”

Beyond the courts, Gautam warned of a broader crisis. Citing official data presented in Parliament, he said caste-based crimes — officially recorded as atrocities against Scheduled Castes and Tribes — are rising at alarming rates.

He noted that “Over 600,000 cases of atrocities have been registered during the BJP’s rule, yet these commissions have acted on barely 7,000. Many posts lie vacant, and even where cases are heard, no meaningful action follows. What purpose do these commissions serve if they cannot protect Dalits and tribal populations?”

In BJP-ruled states, the data is particularly stark:

• In Haryana, reported atrocities rose from 762 cases in 2017 to 1,628 in 2021.
  
• In Madhya Pradesh, from 5,892 to 7,214 in a year.
  
• In Rajasthan, from 4,238 to 7,524.
  
• In Uttar Pradesh, from 11,444 to 13,140 within a year.
  
• Nationally, Gautam said, “atrocities against Dalits increased by 10% between 2018 and 2021.”
  

He also alleged political impunity under BJP rule . “That is why no real action is taken. That is why atrocities have risen under Modi’s rule. The system protects the oppressors, not the victims,” he charged.

Gautam highlighted two recent hate crimes. In one, a Dalit man in Madhya Pradesh was attacked by alleged members of the Hindu nationalist group Bajrang Dal after buying a cow as a traditional gift for his daughter. “They beat him severely, forced him and a companion to eat grass, made them drink dirty water, shaved their heads partially, and compelled them to crawl on their knees for two kilometres, leaving their legs bruised and bloodied,” Gautam said.

 “I personally met the victims and their families just days ago. Such inhuman acts show how caste hatred is tearing our society apart.”

In another incident in Aligarh, Uttar Pradesh, a Dalit youth was assaulted after seeking shelter in a temple during rain and applying a sacred mark on his forehead. “What was his crime? Taking shelter from the rain and applying a tilak?” Gautam asked. “The message is clear—they do not even consider Dalits as Hindus.”

Calling for immediate action, Gautam appealed to the Chief Justice of India and the wider public.
“We urge the Supreme Court to take serious cognizance of these judgments that betray the principles of equality and dignity enshrined in our Constitution. There must be accountability for judges whose decisions reflect caste prejudice. The Court should lay down clear guidelines to ensure that justice is never tainted by casteist thinking.”

He concluded with a warning: “If we do not act now, if we allow such injustice to continue, the unity and integrity of our nation will be at risk.”