Simone Lawson
Untouchability is a form of discrimination that has its roots in the Varna system, which categorises people belonging to lower castes as impure and forces them to do menial jobs. The practice of untouchability has a long history in India, where it refers to the act of ostracising people or a group based on the socially created caste system. Despite legal measures and constitutional provisions aimed at eradicating untouchability, its vestiges persist in various parts of India. To address this complex and deeply ingrained social issue, India has adopted a multi-faceted approach that includes legal reforms, educational initiatives, and societal transformation. This paragraph will explore the constitutional and legal measures undertaken by India to eradicate untouchability.
| Characteristics | Values |
|---|---|
| Article of Indian Constitution that abolishes untouchability | Article 17 |
| Year the Untouchability (Offences) Act was enacted | 1955 |
| Year the Untouchability (Offences) Act was revised and renamed to The Protection of Civil Rights Act | 1976 |
| Article of Indian Constitution that notes no citizen of India shall be discriminated against on the basis of religion, race, caste, sex or place of birth | Article 15 |
| Article of Indian Constitution that provides power to the President to specify particular castes, races, and tribes that are to be deemed Scheduled Castes | Article 341 |
| Year the Prevention of Atrocities Act was enacted | 1989 |
| Act that provides for an appropriate mechanism to enforce the rights of persons against whom untouchability is practised | The Protection of Civil Rights Act, 1955 |
| Act that deals with treatment on the basis of caste | The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 |
| Caste that is considered outside the caste system or the lowest caste | Dalit |
| Caste that is considered untouchable | Harijan |
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What You'll Learn
Article 17 of the Indian Constitution
The article guarantees social justice and dignity, which were denied to a large section of Indian society for centuries. It is directed against private persons and is available against private individuals. The Supreme Court has held that it is the constitutional duty of the state to take necessary steps to prevent the violation of this right.
Article 35, when read with Article 17, confers on Parliament the power to make laws prescribing punishment for practising untouchability. The Untouchability (Offences) Act, 1955, was enacted by Parliament, later renamed in 1976 to "The Protection of Civil Rights Act, 1955". The Act defines a 'civil right' as 'any right accruing to a person by reason of the abolition of untouchability by Article 17 of the Constitution'. All offences under the Act are non-compoundable, with punishments ranging from 1-2 years imprisonment.
The practice of untouchability is deeply rooted in India's caste system, which has historically led to the marginalisation of certain groups, particularly the Dalit communities, who are considered outside the caste system or the lowest caste. To eradicate untouchability, the caste system must be abolished, and inter-caste marriages should be encouraged, especially between higher castes and untouchable castes. Education is also a powerful tool to eradicate untouchability, and the government should provide incentives for the education of those from untouchable castes.
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Protection of Civil Rights Act, 1955
The Protection of Civil Rights Act, 1955, previously known as ""The Untouchability Offences Act", implements Article 17 of the Indian Constitution, which abolishes untouchability and forbids its practice in any form. The Act recognises a range of practices as constituting untouchability, including prohibiting individuals from eating with others, entering public places of worship, entering homes of other castes, using common village roads, and accessing common public properties and resources. It also recognises segregation in food and seating arrangements in restaurants, public events, or weddings, the segregation of children in schools, bonded labour, and separate burial or cremation grounds as acts of untouchability.
The Indian Supreme Court has upheld the fundamental right against untouchability, as guaranteed by Article 17, and it is applicable against private individuals. The State has a constitutional duty to take the necessary steps to ensure this right is not violated.
The Protection of Civil Rights Act, 1955, sends a clear message that the practice of untouchability, deeply rooted in India's history and associated with the marginalisation of Dalit communities, will not be tolerated and will be treated as an offence punishable by law.
To effectively eradicate untouchability, it is essential to address the root cause, which is the caste system. Inter-caste marriages, especially between higher castes and untouchable castes, should be encouraged to break down age-old prejudices. The government should provide incentives and facilities to those who marry outside their caste, such as scholarships, free accommodation, and vocational training to improve the economic conditions of those from the untouchable castes.
Education is another powerful tool in the fight against untouchability. Efforts should be made to spread general and technical education among students from untouchable castes, with special inducements such as scholarships, free hostel accommodation, and stationery.
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Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was passed by the Parliament of India on 11 September 1989 and notified on 30 January 1990. The Act was passed in recognition of the inadequacy of existing legal provisions, such as the Protection of Civil Rights Act, 1955, and the Indian Penal Code, 1860, in addressing caste and ethnicity-based hate crimes against the Scheduled Castes and Tribes.
The Act defines 'atrocities' in Section 3, establishing a new definition for this term, which refers to crimes committed against the Scheduled Castes (SCs) and Scheduled Tribes (STs) by non-SC or non-ST persons under the Indian Penal Code. It is not necessary to prove a motive of caste or racial discrimination to establish such an offence. Atrocities are punishable under sections 3(1) and 3(2) of the Act, denoting acts that are shockingly cruel and inhumane.
The Act was passed to prevent a wide range of offences against the Scheduled Castes and Tribes and to provide for speedy justice, monitoring, accountability, relief, and rehabilitation mechanisms. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, were notified in 1995 and provide for relief and rehabilitation norms. According to these rules, state governments must take preventive and precautionary measures regarding atrocity crimes, and an officer at the DSP level is responsible for investigating offences under the Act.
The Act has undergone several amendments since its enactment, including comprehensive amendments in 2015 and 2016, and further amendments in 2018 and 2019, to enhance its effectiveness in addressing caste-based crimes and protecting the rights of the Scheduled Castes and Tribes.
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Education and societal transformation
Education is widely regarded as the best method for eradicating untouchability. The government should therefore facilitate the spread of education among those who have historically been considered "untouchable". This includes providing general and technical education, as well as offering incentives such as scholarships, free accommodation, books and stationery. Additionally, to improve their economic position, vocational training and financial assistance should be provided to help them start their own small-scale and cottage industries.
The root cause of untouchability is the caste system, and so for untouchability to be eradicated, the caste system must be abolished. This can be achieved through inter-caste marriages, which should be encouraged by the government. By uniting people of different castes, age-old prejudices can be destroyed.
The practice of untouchability is a form of discrimination with a long history in India. It refers to the act of ostracising people or groups based on the socially-created caste system, with those considered "untouchable" being forced to do menial jobs and suffering segregation from society. The Indian Constitution's Article 17 abolishes untouchability and forbids its practice in any form, making it a punishable offence. The Protection of Civil Rights Act, 1955, which was previously called "The Untouchability (Offences) Act", defines the practices that are considered untouchability, including prohibiting people from entering public places of worship, using common roads and accessing public properties and resources.
The Supreme Court has held that it is the constitutional duty of the state to take necessary steps to ensure that the fundamental right against untouchability, guaranteed in Article 17, is not violated. This right is directed against private persons, and it is the state's obligation to interdict any violation of this right and ensure that it is respected.
To enforce the rights of persons against whom untouchability is practised, Article 17 is implemented by the Protection of Civil Rights Act, 1955. This Act defines "civil right" as any right that accrues to a person due to the abolition of untouchability by Article 17. All offences under the Act carry punishment, including imprisonment, and denying access to public places or services based on untouchability is a crime.
The 1989 Prevention of Atrocities Act is another important piece of legislation that deals with untouchability, revising and strengthening legal provisions to punish acts of violence or humiliation against Dalits and Adivasis. Article 15 of the Constitution also notes that no citizen of India shall be discriminated against on the basis of religion, race, caste, sex or place of birth.
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Inter-caste marriages
The practice of untouchability has long been associated with the Dalit communities, who are considered outside the caste system or the lowest caste. They have faced segregation and marginalisation for centuries, being pushed into menial and impure occupations. The physical touch of an "untouchable" person was considered to be polluting to those of higher castes.
To address this, Article 17 of the Indian Constitution abolishes untouchability and forbids its practice in any form, making it an offence punishable by law. The Protection of Civil Rights Act of 1955, previously called "The Untouchability Offences Act", defines civil rights as any rights accrued due to the abolition of untouchability. It prescribes punishments for offences such as denying access to public places or services based on caste.
The 1989 Prevention of Atrocities Act is another important piece of legislation, strengthening legal provisions to punish acts of violence or humiliation against Dalits and Adivasis. This Act was revised again in 1995 to further strengthen these provisions.
While these legal measures are in place, it is acknowledged that a change in perspective is also required to truly eradicate untouchability. Education is seen as a key method to achieve this, with efforts needed to spread general and technical education among those from lower castes. Economic support is also vital, with vocational training and financial assistance required to improve the economic position of those who have faced marginalisation.
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Frequently asked questions
Untouchability is a form of discrimination practised against certain sections of society who are shunned on the basis of their caste. The term is most commonly associated with Dalit communities who were considered to be outside the caste system or regarded as the lowest caste.
Article 17 of the Indian Constitution abolishes untouchability and forbids its practice in any form. If it is practised, it is treated as an offence punishable by law. Article 15 of the Constitution also notes that no citizen of India shall be discriminated against on the basis of religion, race, caste, sex or place of birth.
The Protection of Civil Rights Act, 1955, was enacted to strengthen the legal framework against untouchability. The Act provides for penalties for offences committed on the grounds of untouchability. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, also extends legal protection by addressing atrocities against Scheduled Castes and Tribes and prescribing stringent penalties for violations.
Education is seen as one of the best methods for the eradication of untouchability. It is suggested that the government should provide all types of facilities to those who have married outside their own caste to destroy age-old prejudices.
