Jurisprudence Assignment

Letter

Daksh Saini
21011462
Greetings, Azad

I recognise and respect your worries about the obstacles in the way of addressing the
widespread issue of caste-based injustice and exploitation in India by depending only on the
constitution and the current legal system. You have a valid point when you criticise my strategy,
and as a team, we need to have an in-depth debate about how to achieve real equality and
overthrow the casteist-capitalist system that has harmed Dalits for generations.
Since they draw attention to the ingrained biases and hierarchy of power in the legal system, I
value the different points of view provided by contemporary legal studies, feminist legal theory,
and critical race theory. These views correctly point out that the law reflects the currently
dominant societal, cultural, and political trends that are influencing it rather than acting as an
impartial arbiter. Dalits and other marginalised populations continue to be sidelined in India as a
consequence of the impact of the privileged and upper castes on the country's constitution and
legislation that followed.

Your persuasive argument highlights the shortcomings of official equal treatment and procedural
fairness in redressing historical injustices and substantive disparities experienced by Dalits. The
idea of equality before the law indeed has the power to sustain current hierarchies and conceal
the systematic discrimination that Dalits have faced for generations. This is an insightful
criticism that echoes the viewpoints of sceptical race theorists who have contested the liberal
idea that formal equality is unworthy to solve systematic inequalities and racism.
As well, I also recognise that the casteist attitudes and prejudices that are prominent in the legal
system, law enforcement, and administrative structures make it impossible for citizens to put
regulations and constitutional provisions into practice. Indeed, the tokenistic portrayal of Dalits in
these organisations hasn't accomplished much to change the underlying power structures that
allow discrimination based on caste to continue.1

Despite these drawbacks, I am certain that constitutional law and legislative modifications might
continue to be highly significant in the quest for justice and equality. The legal system and the
constitutional foundation offer a valid and strong platform for protesting injustice, calling for
responsibility, and pursuing structural changes, even though they are not a cure-all.
Despite its imperfections and concessions, the Indian Constitution upholds the essential values
of social justice, equality, and nondiscrimination. Even in cases where they have been applied
incorrectly, these principles have served as the centre of attention for social movements and
judicial disputes towards caste-based discrimination and oppression. Equal opportunity and
reservations provisions (Articles 16 and 335)2, the ban on the practice of untouchability (Article
17), the prohibiting of caste-based discrimination (Article 15), and other provisions have played
an essential part in altering the caste system and creating possibilities for Dalits and other
overlooked groups.

In addition, the Indian court has proven vital in recognising and maintaining these fundamental
concepts despite its natural prejudices and restrictions. Even while it hasn't always been ideal,

1
“The Pure Theory of Law (Stanford Encyclopedia of Philosophy),” July 26, 2021.
https://plato.stanford.edu/entries/lawphil-theory/#Bib.
2
India. (1950) The Constitution of India. [Dehra Dun: Photolithographed at the Survey of India Offices, 195] [Pdf]
Retrieved from the Library of Congress, https://www.loc.gov/item/57026883/
important court rulings have upheld caste-based atrocities, acknowledged Dalit rights, and
encouraged the effective application of legislation and constitutional protections for Dalit rights.
Ethical and non-violent methods for promoting social change while holding the state responsible
are also offered by the constitutional structure and judicial system. We could confront the
casteist-capitalist order inside the parameters of the current constitutional order alongside
organising public opinion and constructing larger social movements by interacting with the legal
system, bringing up public interest lawsuits, and pushing for legislative reforms.
It is crucial to recognise that the law, even in its flawed forms, may be an effective instrument for
social change in conjunction with long-term political organising, grassroots activism, and a
larger campaign for social change. The legal struggles against repression and prejudice based
on caste have frequently served as motivations for larger social and political movements,
bringing Dalits' difficulty to light and promoting structural changes.
Moreover, regardless of their many flaws, the legal system and the constitutional order are
evolving structures. They are always changing and may be moulded and changed by persistent
effort, advocacy, and legal proceedings. Through active participation in the legal system, we
may argue for legislative reforms that consider the shifting social and political realities, contest
discriminatory laws and practices, and push themselves for advanced implementations of
constitutional principles.

Although I acknowledge that the present legal system and constitutional order possess
imperfections. I think it would be unwise to completely reject them. Rather, we need to take a
multidimensional strategy that includes legal battles together with empowerment in politics,
economic restructuring, community engagement, and a fundamental change in the mindset and
attitudes of society.

A major societal and political movement that questions the fundamental principles of the
casteist-capitalist system ought to be in addition to the court cases. This involves battling the
deeply ingrained social and cultural beliefs that uphold prejudice based on caste while also
strengthening Dalits through political democracy, economic opportunity, and education.
We must acknowledge the interrelationship of oppression due to caste with other types of
oppression, including but not limited to gender, class, and religion. A thorough and inclusive
strategy that tackles the interrelated problems of caste, socioeconomic status, sexual
orientation, and other kinds of marginalisation is necessary for a genuinely empowering vision
for Dalits.

I sympathise with your need for an unconventional and revolutionary vision that questions the
fundamental assumptions of the current political, social, and economic systems in this regard.
Nonetheless, I think that this goal should not discount the possibilities of legal reforms and
constitutional law as one of the numerous resources at our disposal in the fight for justice and
equality. Rather, we need to implement a multifaceted approach that builds larger social and
political movements while also making smart use of the legal system. Even if the court cases
are significant, they should be seen as a means, not a goal in and of themselves. They ought to
be a part of a broader movement for structural transformation that aims to overthrow the
casteist-capitalist system and tackle the underlying roots of oppression based on caste.
As a result, even while I recognise the drawbacks of depending just on the current legal system
and constitutional law, I think it would be negative to completely give up on this approach.
Rather, we need to take a complex and multidimensional strategy that includes legal battles,
empowering politicians, economic redistribution, grassroots activism, and a deep change in
society's attitudes and consciousness. We can only expect to construct a truly equitable and just
society by taking an inclusive and intersectional strategy that tackles the linked concerns of
gender, caste, class, and other kinds of oppression.

Regards,
Sarah