Justice for all by all

Ashoka
Changemakers
Published in
3 min readOct 31, 2022

Learning from India’s denotified tribes

Photo credit Siddhesh Gautam

Caste-based discrimination in India was codified into law in 1871 by the British colonial authorities when they enacted the Criminal Tribes Act branding several nomadic and indigenous communities as “hereditary criminals” — criminals by birth, enforced through the institution of policing. Though this law was repealed in 1952, the devastating taint of criminality for these “Denotified Tribes” (DNTs or “Vimukta”) in Bhopal, India to end the disproportionate targeting of oppressed caste communities by the criminal justice system. Lawyer and social entrepreneur Nikita Sonavane founded the Criminal Justice and Police Accountability Project in Bhopal, India to end the disproportionate targeting of oppressed caste communities by the criminal justice system. Ashoka’s Angelou Ezeilo sat down with Nikita to learn more. Watch the full conversation here. Here are a few of the highlights.

A system of graded inequality

To understand Nikita Sonavane’s work, it’s critical to first understand India’s caste system, its history and the discrimination that stems from it. The founder of India’s constitution, B. R. Ambedkar, characterized it as a “system of graded inequality.” For an insightful read on the topic of caste and how it applies beyond the Indian context Nikita and Angelou both recommended Caste by Isabel Wilkerson.

Making meaning: from lived experiences to systemic explanations

Nikita’s criminal justice reform work focuses primarily on communities who fall outside of the caste system, such as Denotified Tribes ((DNTs or “Vimukta”), who are deemed criminal at birth. Nikita herself belongs to a community known as Dalits who also fall outside the 4-Caste group structure. She started making meaning of her personal experiences of discrimination when in law school, she found herself mapping socio-economic profiles of death-row inmates and found that most of them belonged to oppressed cast communities. This data point launched Nikita’s mission to change this reality through the Criminal Justice and Police Accountability Project.

The origins of caste-based policing

The caste system was the fertile ground around which the British, in colonial times, built the institution of policing. As the entry point of the criminal justice system, it became clear to Nikita that as a first order of business, the Criminal Justice and Police Accountability Project needed to examine the discretionary powers held by the police force to dismantle caste-based policing.

When Caste-based policing meets tech

India is undergoing rapid digitization, including within the criminal justice system. While many people posit that technology can help eliminate human bias, Nikita is justifiably worried that AI technologies for predictive policing will simply codify and amplify the biases that are already there.

Law for all by all

“People belonging to marginalized communities have been speaking up for themselves for a very long time. The problem is they are being silenced and we want to center their voices.” One way Nikita’s team has been doing is by training the next generation of lawyers belonging to Dalit and Adivasi communities (oppressed casts) to engage with and shape the law moving forward.

Reclaiming our personhood and humanity

Ultimately, Nikita tells us “this is about reclaiming our personhood and humanity,” and not being viewed solely as victims of oppression. This means living a well-rounded existence, that includes rest and joy.

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Ashoka
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