Justice for the Marginalized in a Constitutional Democracy
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Abstract
This article draws attention to the historical context of the Criminal Tribes Act 1871 to throw light on how colonial logic worked with the existing caste structures in India to produce a unique form of legal and social disadvantage for these communities. It deals with how the constitutional promise of equality recognizes these historical wrongs and places responsibility on society and the State to correct them. The article then discusses the social and legal challenges that these communities continue to face even today. Lastly, it proposes that we must inculcate Dr. Ambedkar’s articulation of fraternity not only in our laws, but more importantly, in our society and psychology in particular, as the way forward—towards freedom, equality, and justice.
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