Jonah Patel
The Indian Constitution of 1950, under Article 17, states that untouchability is abolished and forbids its practice in any form. The enforcement of any disability arising from untouchability is considered an offence punishable by law. The Supreme Court of India has held that untouchability is an indirect form of slavery, and it is imperative to abolish the caste system for the smooth functioning of the rule of law and democracy. To uphold this, the Parliament enacted the Untouchability (Offences) Act in 1955, which was later renamed 'The Protection of Civil Rights Act' in 1976, prescribing punishments for offences related to untouchability.
| Characteristics | Values |
|---|---|
| Untouchability abolished | Yes |
| Practice of untouchability forbidden | Yes |
| Enforcing disability arising from untouchability | Punishable offence |
| Preventing access to public places on the grounds of untouchability | Punishable offence |
| Refusing to sell goods or provide services on the grounds of untouchability | Punishable offence |
| Insulting a member of a Scheduled Caste on the grounds of untouchability | Punishable offence |
| Preaching or justifying untouchability | Punishable offence |
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What You'll Learn
- Untouchability is an indirect form of slavery and an extension of the caste system
- Article 17 of the Constitution of India, 1950, abolished untouchability and forbade its practice
- The enforcement of any disability arising from untouchability is an offence punishable by law
- The Untouchability (Offences) Act, 1955, prescribes punishment for practising untouchability
- Insulting a member of a Scheduled Caste on the grounds of untouchability is a crime
Untouchability is an indirect form of slavery and an extension of the caste system
Untouchability has been a long-standing issue in India, and its eradication has been articulated in the Constitution of India, 1950 (COI), specifically in Article 17. This article states that untouchability is abolished and forbids its practice in any form. The enforcement of any disability arising from untouchability is considered an offence punishable by law. The right under Article 17 is directed against private individuals, and it is the constitutional obligation of the state to take necessary action to ensure this right is not violated.
The subject matter of Article 17 is not untouchability in its literal sense but rather the 'practice as it had developed historically in the country'. It refers to the social disabilities imposed on certain classes of persons due to their birth in specific castes. In other words, untouchability is an indirect form of slavery and an extension of the caste system. This was recognised in the State of Karnataka v. Appa Balu Ingale (1993) case, where the Supreme Court held that untouchability and the caste system were intertwined and needed to be abolished together.
The Untouchability (Offences) Act, 1955, was enacted by the Parliament to address this issue. The Act, later renamed 'The Protection of Civil Rights Act, 1955', defines 'Civil Right' as any right that accrues to a person due to the abolition of untouchability. All offences under this Act are non-compoundable, and the penalties prescribed include imprisonment for preventing any person from entering a place of public worship, accessing public amenities, or receiving services based on their caste.
The Constitution of India recognises that untouchability is a form of discrimination that perpetuates social inequalities and infringes on the fundamental rights of individuals. By making untouchability a punishable offence, the Constitution aims to uphold the principles of equality and justice, ensuring that all citizens are treated with dignity and respect, regardless of their caste or social background.
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Article 17 of the Constitution of India, 1950, abolished untouchability and forbade its practice
The subject matter of Article 17 is the practice of untouchability as it had developed historically in India, referring to the social disabilities imposed on certain classes of persons by reason of their birth in specific castes. In 1976, the law was strengthened and renamed 'The Protection of Civil Rights Act, 1955'. It defines a 'Civil Right' as any right that accrues to a person due to the abolition of untouchability. All offences under this Act are non-compoundable, with set punishments for various discriminatory practices. These include preventing a person from entering a place of public worship, denying access to shops, hotels, or entertainment venues, refusing to sell goods or provide services, and insulting or preaching untouchability to a member of a Scheduled Caste.
The Parliament also enacted the Untouchability (Offences) Act, 1955, to prescribe punishments for practising untouchability. This Act was further strengthened to ensure that any violation of fundamental rights by private individuals would be addressed by the State. In the case of People’s Union for Democratic Rights v UOI, the Supreme Court held that it was the State's duty to take necessary steps to interdict such violations and ensure respect for the right, even if the aggrieved person could enforce their invaded fundamental rights.
The inclusion of Article 17 in the Constitution of India is a significant step towards ensuring social justice and equality for all citizens, regardless of caste or birth. It reflects the country's commitment to upholding the dignity and fundamental rights of every individual, addressing historical injustices, and promoting a more inclusive and equitable society.
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The enforcement of any disability arising from untouchability is an offence punishable by law
Untouchability has been abolished in India since 1950, and its practice in any form is forbidden. Article 17 of the Constitution of India states that the enforcement of any disability arising from untouchability is an offence punishable by law. This article applies to private individuals, and it is the constitutional obligation of the state to take necessary action to ensure that this right is not violated.
The nature of untouchability is such that it is not possible to conceive of the state practising it. However, in the case of a private individual violating this right, the state is obliged to take the necessary steps to interdict such a violation and ensure that the right is respected. This was upheld in the case of People’s Union for Democratic Rights v UOI, where the Supreme Court held that it is the state's obligation to act, regardless of whether the aggrieved person could protect or enforce their invaded fundamental rights.
The scope of the term "untouchability" was debated during the drafting of Article 17, with some confusion over its precise meaning. One member proposed an amendment to clarify the definition, making it explicitly applicable to caste and religion-based untouchability. This amendment was supported by another member, who argued that an undefined term could lead to misinterpretation. For instance, it could be interpreted as prohibiting the government from regulating the quarantine of individuals with communicable diseases.
The Untouchability (Offences) Act, 1955, was enacted by Parliament to prescribe punishments for practising untouchability. This was later renamed 'The Protection of Civil Rights Act, 1955', which defines 'civil right' as 'any right accruing to a person by reason of the abolition of untouchability'. The Act prescribes punishments, including imprisonment, for a range of offences, such as denying access to public places or services on the grounds of untouchability. It also makes it a crime to insult a member of a Scheduled Caste on the grounds of untouchability or to preach or justify it on historical, philosophical, religious, or other grounds.
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The Untouchability (Offences) Act, 1955, prescribes punishment for practising untouchability
Untouchability is an important topic in social justice and Indian society. The Indian Constitution's Article 17 abolishes the practice of untouchability. The Untouchability (Offences) Act, 1955, was passed in the Indian Parliament to eradicate untouchability from the country and prescribe punishments for the practice. The Act came into force on 1st June 1955 and imposed a six-month imprisonment or a fine of Rs.500 for any person convicted of enforcing the disabilities of untouchability on anyone else for the first offence. For subsequent offences, the convicted person is sentenced to both jail time and a fine.
The Act also prescribes penalties for enforcing any disability arising from untouchability, including professional, trade, or occupational disabilities. It also covers preventing someone from benefiting from a charity, refusing to sell goods or services, or denying access to public places like shops, restaurants, or places of worship. Injuring, molesting, excommunicating, boycotting, or annoying someone based on untouchability is also an offence.
The Act was amended on 2nd September 1976, becoming more stringent and renamed 'The Protection of Civil Rights Act, 1955'. This amendment defined 'Civil Right' as any right that accrues to a person due to the abolition of untouchability. It also increased the punishment for offences to 1-2 years of imprisonment. It also made the wilful negligence of complaints related to untouchability by investigating officers as abetment.
The Act ensures that no court shall recognise any custom or usage that imposes any disability on any person based on untouchability. It also addresses offences committed by companies, holding individuals responsible for the company's business conduct accountable. The Act also covers enhanced penalties for subsequent convictions and presumption by courts in specific cases involving members of Scheduled Castes.
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Insulting a member of a Scheduled Caste on the grounds of untouchability is a crime
Untouchability has been abolished in India since the enactment of the Constitution of India in 1950. Article 17 of the Constitution, which was unanimously supported by the Constituent Assembly, states that "untouchability is abolished and its practice in any form is forbidden". This article was further strengthened in 1976 with the Protection of Civil Rights Act, which defines civil rights as "any right accruing to a person by reason of the abolition of untouchability".
The enforcement of any disability arising from untouchability is an offence punishable by law. This includes insulting a member of a Scheduled Caste on the grounds of untouchability, which is explicitly mentioned in the Protection of Civil Rights Act as a crime. The Act prescribes punishment for preventing any person from accessing public spaces or services, such as places of worship, shops, restaurants, hotels, hospitals, or entertainment venues.
The historical context of untouchability in India is important to understand. The practice of untouchability was deeply rooted in the country's caste system, where certain classes of people were subjected to social disabilities due to their birth in specific castes. The Supreme Court of India has held that untouchability was an indirect form of slavery and an extension of the caste system, and therefore both must be abolished together for the smooth functioning of the rule of law and democracy.
The Indian Constitution recognises the importance of ensuring equal rights and opportunities for all citizens, regardless of their caste or social background. By making untouchability a punishable offence, the Constitution aims to eradicate this discriminatory practice and promote social justice and equality. The State has a constitutional obligation to take necessary action to ensure that the right to equality, as guaranteed by Article 17, is not violated by any individual or group.
It is important to note that the laws and constitutional provisions alone cannot completely eradicate the practice of untouchability. Social attitudes, cultural norms, and education also play a significant role in eliminating this form of discrimination. However, by making insulting a member of a Scheduled Caste on the grounds of untouchability a crime, India has taken a significant step towards creating a more inclusive and just society for all its citizens.
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Frequently asked questions
Untouchability is a form of social disability imposed on certain classes of people by reason of their birth in specific castes.
The constitution of India articulates the unequivocal eradication of untouchability. Article 17 of the COI deals with the abolition of untouchability and states that its practice in any form is forbidden and punishable by law.
Under Article 17, it is an offence to prevent any person from entering any place of public worship, deny access to any shop, restaurant, hotel, or place of public entertainment, refuse admission to hospitals, or refuse to sell goods or services to any person. Insulting a member of a Scheduled Caste on the ground of untouchability or preaching and justifying untouchability on historical, philosophical, religious, or other grounds is also a crime.
