A COMPARATIVE STUDY OF UNTOUCHABILITY AND AFFIRMATIVE ACTION IN INDIA AND THE USA

Author –SHIVANGI JINDAL, Student at School of Law, Christ (Deemed to be University), Bangalore, India

Best Citation – SHIVANGI JINDAL, A COMPARATIVE STUDY OF UNTOUCHABILITY AND AFFIRMATIVE ACTION IN INDIA AND THE USA, ILE INTERNATIONAL LAW REVIEW, 1 (1) of 2023, Pg. 27-233, ISBN – 978-81-961120-9-7

ABSTRACT

The paper focuses on the history of untouchability in India and the United States, further it deals with the preventive untouchability measures and laws, and traces the chain of events that lead to their development. Despite the prevalence of such legislation and constitutional protection, reasons will be discussed as to its existence even at the present. The Dalits and other lowest castes have been stigmatized by the caste system, and they live in constant fear of dying in both countries. This paper compares the caste system’s historical background and current situation in India of   that of Dalits and Black’s situation in the USA. Due to institutional parallels and the fact that these groups serve as the social underpinning for the affirmative action programme in both India and the United States, the caste and racial issues in those countries are compared. It is a universal phenomenon for certain groups of people, such as Scheduled Castes, Scheduled Tribes, original inhabitants, and women, in particular, to be exploited and oppressed. Even today, the political philosophy of affirmative action is still largely misunderstood and highly contested around the globe. Proponents of the policy themselves continue to hold contrasting views on how to best put it into practice. In this paper, the comparison of affirmative action in India and the United States will be examined by drawing similarities, and the Affirmative Action practices of India and the USA will also be contrasted. The goal of the study is to evaluate the two systems, compare them critically, and make some suggestions about better measures for abolishing untouchability and strengthening affirmative action practices. But at the same time crafting out certain restrictive measures so that in the way of protecting the rights of one the rights of others don’t get curtailed.

Keywords: Discrimination, Caste system, Untouchability, Affirmative action, Comparison.