Untouchability in International Law - Law Assignment Help

Assignment Task

Evaluating the Effectiveness of the Existing Framework of International Human Rights Law in Safeguarding the Rights of Those Who Have Been Classified ‘Untouchable’ on Social Grounds.

INTRODUCTION - International human rights law addresses a multitude of issues within its mandate. From continually fighting decades-old gender discrimination to identifying and combating new threats to equality, this field is always kept on its toes. Yet, for all the progress that it has made, international human rights law seems to have left one prominent and ancient issue behind: caste-based discrimination. Although extensively discussing discrimination in its various other forms, caste-based discrimination is a relatively recent addition to the universe of international law. Many relate this delay to the fact that caste has long been viewed as a national issue to be resolved by the Indian government rather than the international community. Others claim that the generic non-discrimination clauses found under treaties such as the International Covenant of Civil and Political Rights (ICCPR) and 1 the International Covenant of Economic, Social and Cultural Rights (ICESCR) are enough to 2 convey a prohibition on caste-based discrimination as well. It was only in the 1990’s, when Dalit activism spread into the international arena, that the relevance of and need for
explicit mentions of caste-based discrimination within human rights law became known.
The international Dalit movement emphasized how caste discrimination was not a relic of the past but a very present issue which affects more than 165 million people in India today. The laws and policies that the Indian government had put in place were clearly not 3 working, despite what the government themselves might claim, and something more dramatic needed to be done. This shift also came from an acknowledgement that ‘caste 4 stands as a direct challenge to a fundamental underpinning of the human rights ideal – that all human beings are equal and deserve the same respect, dignity, and rights.’5 Moreover, it turned out that caste, in fact, was not simply a national issue as it affected countries throughout Asia as well as particular communities across the globe. After the revelation of all this new information, it was now up to the international human rights community to respond accordingly.

CONCLUSION - The case of caste-based discrimination in international human rights law stands significant not only because it was a long time coming but also because this movement was spearheaded and is still led by Dalit activism itself. This gives indication of both the sincerity of this movement and the genuine impact it can have once the international framework openly takes Dalit rights and caste-based discrimination into its fold. Dalits have been caught in a cycle of discrimination for too long, where their perceived impurity and pollution ‘can be seen as a consequence as well as a cause of this form of discrimination.’ Despite India’s established of national methods to protect the rights of 89 the Scheduled caste since 1950, discrimination is still pervasive and widespread in 2018. It is important that we do not take another 70 years to resolve this issue.

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