Unequal before the law : Examining the extent of caste-based discrimination in the Indian criminal justice system and examining it within the Rawlsian framework of social justice

Abstract

India's criminal justice system has always been deeply affected by entrenched social hierarchies, particularly the caste system, despite constitutional guarantees of equality and nondiscrimination. This research attempts to investigate how caste-based prejudices and biases permeate various stages of criminal proceedings, subverting the ideal of impartial administration of justice. The idea is to employ a doctrinal approach which would include judgement analysis from several High Courts dealing with criminal matters and news anecdotes relating to allegations of caste-biases. The paper aims to expose the instances of systemic discrimination against individuals from marginalized castes. The paper also aims at discussing the issue of biasness within a Rawlsian framework of a just society to emphasize the necessary role of courts, that are supposed to be one of the core social institutions, being just and dispensing fair justice. Findings reveal that unconscious biases influence Court’s orders and judgements, with lower caste individuals facing disproportionate wrath and conviction. The research uncovers that courtroom dynamics and interactions and decision-making processes are influenced by social division of castes. Lack of access to legal resources and other socio-economic disadvantages obstruct marginalized groups’ ability to navigate the complex legal system effectively. Alarmingly, unconscious biases held by legal professionals, including but not limited to judges, was found to impact evidence interpretation, witness evaluation, and outcomes of judgements, undermining equal justice principles. The paper critically analyzes existing legal frameworks, identifying issues that require urgent and necessary reforms. It calls for a multidimensional approach to break systemic biases that includes comprehensive judicial training, increasing diversity within the legal fraternity, strengthening the existing provisions by making necessary changes.