NEW DELHI: The Opposition Congress party has voiced deep concern over what it calls the growing caste prejudice within India’s judicial system, particularly in cases involving Dalit victims of atrocities.
In a press briefing, Congress spokesperson Rajendra Pal Gautam accused sections of the judiciary of failing Dalits and called on the Supreme Court of India to take urgent cognisance of what he termed “shameful and unconstitutional conduct” by some High Court judges.
Gautam cited several recent judgments that, according to him, expose the persistence of caste-based discrimination even at the level of the higher judiciary.
Referring to a 2021 Chhattisgarh High Court ruling, Gautam pointed out that 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 a parallel with the infamous 1992 Bhanwari Devi case, in which the Rajasthan High Court acquitted accused upper-caste men on similar grounds. “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?”
Gautam also highlighted a recent bail condition imposed by the Odisha High Court on a Dalit activist arrested for protesting illegal mining. The activist, Kumeshwar Nayak, was granted bail on the condition that he clean the premises of the local police station every morning 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,” Gautam said. “Such conditions mock our Constitution and reduce justice to a tool of oppression.”
The Congress leader warned that the judiciary’s caste prejudice was compounding the growing wave of atrocities against Dalits across the country. Citing official data presented in Parliament, he noted that crimes against Scheduled Castes and Scheduled Tribes have risen sharply in recent years, with Uttar Pradesh alone accounting for over a quarter of all such cases.
Yet, Gautam argued, the judiciary was failing to provide protection and redress. “When High Court judges themselves deliver judgments soaked in caste bias, what message does that send to society? Do Dalits' lives not matter? That upper-caste perpetrators will always go free?” he asked.
Gautam made an emotional appeal to the Chief Justice of India to intervene. “We urge the Supreme Court to take serious cognisance 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 further criticised the failure of institutions like the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes, pointing out that these bodies have addressed only a fraction of the complaints received.
“Over six lakh 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 tribals?” Gautam said.
The Congress spokesperson did not spare the ruling party, alleging that many of the perpetrators of caste-based crimes had links to BJP leaders. “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.
He cited one of the most shocking recent incidents where a Dalit man in Osra, Madhya Pradesh, was brutally assaulted by alleged Bajrang Dal members.
The man, who had purchased a cow and calf as part of a traditional gift for his daughter after her marriage, was stopped by the assailants who demanded money.
When he said he had none, 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 disturbing case cited by Gautam, a Dalit youth in Aligarh, Uttar Pradesh, was viciously attacked after he took shelter inside a temple during rain. Seeing that it was a Shani temple, the young man applied a tilak (sacred mark) on his forehead.
This enraged local upper-caste men, who first accused him of being Muslim and, after he identified himself as a Dalit (Jatav), beat him mercilessly. “What was his crime? Taking shelter from the rain and applying a tilak? The message is clear—they do not even consider Dalits as Hindus,” Gautam said.
Congress spokesperson called on civil society, intellectuals, and all democratic forces to speak out against the caste bias within the judiciary and society at large. “If we do not act now, if we allow such injustice to continue, the unity and integrity of our nation will be at risk,” he warned.
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