Equal by Law, Unequal by Caste: The "Untouchable" Condition in Critical Race Perspective.

Caste-based oppression in India lives today in an environment seemingly hostile to its presence: a nation-state that has long been labeled the "world's largest democracy;" a progressive and protective constitution; laws that proscribe and punish acts of discrimination; constitutionally mandated reservations or quotas for Dalits or so-called untouchables; caste-conscious measures designed to ensure the economic "upliftment" of Dalits; and an aggressive economic liberalization campaign to fuel India's economic growth. This paper seeks to answer the question of how and why this seemingly fool-proof recipe for equality has done little to mitigate centuries of oppression and exclusion for over 167 million Dalits at the bottom of India's caste system. It further asks whether the now clarion call of "Dalit Rights are Human Rights," increasingly heeded by the international community and heard around the world, can now succeed where all else has seemingly failed. It concludes that human rights are not a self-fulfilling prophecy but can galvanize a movement for social transformation so long as human rights proponents step outside the constraints of the legal and moral regime in which the Dalit struggle now lives. The paper situates "caste" in a global context and suggests that the discourse surrounding the struggle for Dalits rights in India brings the fallacy of anti-affirmative action arguments in the United States into sharp relief. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]