CRIMINAL JUSTICE AND CASTE: STRUCTURAL BIASES IN DALIT ATROCITY CASES

Abstract

This study examines the legal and structural barriers that continue to restrict access to justice for Scheduled Castes (SCs) and Scheduled Tribes (STs) in India. Despite constitutional guarantees of equality and dignity, caste-based discrimination and social exclusion remain deeply embedded within society and continue to influence the functioning of the criminal justice system. The introduction of the Bharatiya Nyaya Sanhita (BNS), 2023 has renewed debate on whether recent criminal law reforms can meaningfully strengthen the protection of marginalized communities and improve access to justice. Using a doctrinal research methodology, the study analyses constitutional provisions, statutory frameworks, judicial decisions, government reports, and relevant scholarly literature relating to caste-based atrocities. The findings indicate that although India possesses a comprehensive legal framework, significant gaps remain between legal protections and their implementation in practice. Delays in investigation and trial, procedural shortcomings, weak enforcement, and inadequate victim support continue to undermine the effective delivery of justice. These challenges reflect not only administrative inefficiencies but also deeper structural barriers within the criminal justice system. The study highlights the need for stronger institutional accountability, improved implementation of existing safeguards, and a more victim-centred approach to justice. It concludes that while recent legal reforms offer opportunities for improvement, their effectiveness will ultimately depend on consistent enforcement and sensitivity to the lived realities of historically marginalized communities. Achieving meaningful justice requires not only legal reform but also sustained institutional and social transformation.

KEYWORDS: Access to justice; Caste-based atrocities; Criminal justice system; Dalit rights; Bharatiya Nyaya Sanhita; Structural bias.