Omar Bennett
Untouchability is a form of discrimination and social exclusion that is largely unique to South Asia, particularly India, where it is associated with the treatment of Dalit communities. The practice, which involves considering certain people “polluting” or “unclean”, has been outlawed in India, Nepal and Pakistan, and is punishable by law. The Indian Constitution's Article 17, part of the Right to Equality, explicitly bans untouchability and provides for affirmative action in educational institutions and public services for those affected by the caste system. Despite this, prejudice, discrimination, segregation, and violence based on untouchability are still prevalent across India, as highlighted in a 1999 Human Rights Watch Report.
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What You'll Learn
The origin of untouchability
One theory suggests that untouchability originated as class stratification in the urban areas of the Indus Valley Civilisation. According to Austrian ethnologist Christoph von Fürer-Haimendorf, poorer workers involved in 'unclean' occupations such as sweeping or leatherwork were historically segregated and banished outside the city limits. Over time, personal cleanliness became synonymous with "purity", and the concept of untouchability spread to rural areas. After the decline of the Indus Valley towns, these practices probably spread to other parts of India. However, scholars like Suvira Jaiswal and R. S. Sharma refute this theory due to a lack of evidence and its inability to explain the prevalence of untouchability in rural areas.
American scholar George L. Hart traces the origin of untouchability to ancient Tamil society, based on his interpretation of Old Tamil texts such as Purananuru. He mentions specific occupational groups like the Paraiyars, who were believed to control malevolent supernatural forces and were avoided and considered dangerous and polluting by others. Jaiswal, however, dismisses Hart's evidence as weak and contradictory.
Another theory attributes the origin of untouchability to the invasion of the Aryans around 1500 BC. They subjugated the indigenous people, considering them racially and culturally inferior. The indigenous people who escaped into the jungles were called Chandalas and were stigmatised. Large-scale untouchability emerged between 600 BC and 200 AD. According to Sharma, the institution of untouchability arose when aboriginal tribes with "low material culture" and uncertain livelihoods were regarded as impure by the privileged classes who despised manual labour. Jaiswal supports this idea, suggesting that the assimilation of aboriginal groups into Brahmanical society led to the branding of certain groups as untouchables.
Additionally, B. R. Ambedkar, an Indian social reformer and politician from an untouchable social group, theorised that untouchability was a deliberate policy of the Brahmins, who despised those who gave up Brahmanism for Buddhism. However, this theory has been refuted by later scholars.
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The Indian Constitution's provisions for equality
The Indian Constitution's commitment to equality is enshrined in Articles 14 to 18, which outline the Right to Equality. This right is a cornerstone of India's democratic framework and plays a crucial role in building a just and equitable society.
Article 14 guarantees that all citizens are equal before the law and that the State cannot deny any person 'equality before the law' or 'equal protection of the laws'. This means that all citizens will be treated the same by the law, and it prohibits any form of discrimination by the State on grounds such as religion, race, caste, sex, or place of birth.
Article 15, as mentioned in one source, prohibits discrimination on similar grounds, including religion, race, caste, sex, or place of birth.
Article 16 ensures equal employment opportunities in State services for all citizens, without discrimination based on race, religion, caste, sex, place of birth, descent, or residence.
Article 17 abolishes untouchability, a form of discrimination unique to South Asia, particularly within the Indian caste system, where certain social groups, such as the Dalits, were considered "polluting" and subjected to exclusionary practices. Untouchability, though outlawed, has not been legally defined in the Constitution or the Protection of Civil Rights Act of 1955. The article also makes any disability arising from untouchability an offence.
Article 18 abolishes titles and distinctions, prohibiting the State from granting any titles except for academic or military distinctions. It also prohibits citizens from accepting titles from foreign states.
The Right to Equality is a fundamental human right, ensuring that all people are treated equally and without discrimination. It is foundational to human rights law and is enshrined in various international treaties and constitutions worldwide.
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Caste-based discrimination and violence
The Indian Constitution, specifically Article 17, has abolished the practice of untouchability in all its forms. This article explicitly declares the prohibition of untouchability, stating that its practice in any form is forbidden and that the enforcement of any disability arising from it is an offence punishable by law. This is supplemented by the Untouchability Offences Act of 1955 (renamed the Protection of Civil Rights Act in 1976), which also considers the practice of untouchability as a criminal offence.
The report highlights specific cases of caste-based violence, such as the accusation that respondents in the State of Karnataka v. Appa Balu Ingale case had forcibly restrained the complainant from taking water from a borewell because they were considered untouchable. It also mentions how untouchability is an indirect form of slavery, as it is an extension of the caste system.
The Indian Constitution includes several articles aimed at addressing caste-based discrimination and violence. Article 14 states that all people are equal before the law and are entitled to equal protection under the law. Article 15 prohibits the state from discriminating against any citizen based on religion, race, caste, sex, or place of birth. It also ensures that no citizen shall be subject to any disability, liability, restriction, or condition based on these grounds in accessing public amenities.
Despite these constitutional provisions, caste-based discrimination and violence remain a significant issue in India, as evidenced by the persistence of practices such as untouchability.
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Affirmative action for Dalits and other groups
India's affirmative action programme is one of the most comprehensive in the world. It is enshrined in the country's constitution, which requires the government to define a list or schedule of the lowest castes in need of compensatory programmes. These "scheduled castes" include converts to Sikhism but exclude converts to Christianity and Islam. The groups that are excluded and continue to be treated as "untouchables" probably constitute another 2% of the population.
The programme includes reservations or quotas in parliament and state assemblies, government jobs, and educational institutions for the country's most socially disadvantaged groups, including Dalits and tribespeople. These quotas have helped to empower and uplift the socially deprived, although they remain controversial. Identity and caste-based groups are constantly clamouring for fresh quotas as formal jobs and quality education remain scarce.
Affirmative action policies have had some positive impacts on increasing the representation of Dalits in educational institutions, governmental jobs, and elected positions. For example, schemes providing free textbooks and meals have been instituted for Dalit and Adivasi primary school children, and the policies become intensified at upper educational levels with the provision of residential middle schools, reservations in higher education, and scholarships. This may lead to a narrowing of the gap in college graduation between Dalits/Adivasis and others.
However, there is little improvement in inequality at the college level, and it is unclear whether educational expansion is sufficient to reduce educational inequalities or whether explicit affirmative action is needed. Furthermore, Dalits have not been able to break into mainstream political debates and discussions despite the system of reservations. The main reason for this has been the co-option of the Dalit agenda into that of the mainstream political parties, which are usually led by upper-caste men, resulting in the neglect of the primary demands of Dalits.
Many Dalit political action groups are focusing on local governments and working to ensure that Dalit candidates gain representation in them. These programs have been strengthened in the past two decades. In the employment arena, quotas were initially implemented only at the time of recruitment into government service. In the 1990s, the continued absence of Dalits and Adivasis from the upper rungs of the civil service led to the implementation of quotas in promotions as well.
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International comparisons of untouchability
While untouchability involving the caste system is largely unique to South Asia, comparable forms of discrimination can be found all over the world. For instance, the term "untouchable" has been used to refer to groups outside of the Indian subcontinent, including the Burakumin of Japan, the Baekjeong of Korea, the Ragyabpa of Tibet, the Romani people and Cagot in Europe, and the Al-Akhdam in Yemen.
In her book Caste: The Origins of Our Discontents, American author Isabel Wilkerson places India, the United States, and Nazi Germany side-by-side in a discussion of social hierarchy. Comparative inquiries into caste-like societies often focus on whether they have groups similar to Dalits, the "outcaste" or lower-most group that experiences untouchability. Examples include African Americans in the United States, the Burakumin in Japan, the Baekjeong of Korea, the Osu of Nigeria, and the Muhamasheen of Yemen.
Denis Regnier's study of the Betsileo, a slave descent group in southern Madagascar, found that pollution narratives citing uncleanliness did not necessarily lead to social and spatial exclusion, but rather more selectively regulated marriage between free- and slave-born people. Parisa Vaziri's work on slavery in the Western Indian Ocean world and Bayan Abubakr's approach to contextualizing the Nubians also offer context-specific insights into how discourses of uncleanliness manifest for people who may not be deemed untouchable per se.
Despite legal bans on untouchability in India, Nepal, and Pakistan, caste-based discrimination remains a complex and pervasive human rights issue. A 2015 study in Gujarat, India, found that the practice of untouchability is still prevalent, with Dalits facing discrimination in numerous aspects of daily life, including access to education, medical facilities, housing, and employment. This discrimination is not limited to remote and economically underdeveloped areas, but is universal across the country.
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Frequently asked questions
Untouchability is a form of social institution that legitimises and enforces practices that are discriminatory, humiliating, exclusionary, and exploitative against people belonging to certain social groups.
Untouchability was banned by the Indian Constitution because it is a form of social institution that legitimises and enforces practices that are discriminatory, humiliating, exclusionary, and exploitative against people belonging to certain social groups. The ban provides equality and social justice.
The Indian Constitution, specifically Article 17, bans untouchability in all its forms. The Untouchability Offences Act of 1955 (renamed as the Protection of Civil Rights Act in 1976) also makes the practice of untouchability a criminal offense.
In addition to Article 17, Articles 14, 15, and 19 of the Indian Constitution are key provisions that address untouchability. These articles guarantee equality before the law, prohibit discrimination on various grounds including caste, and protect freedom of speech, respectively.
While the ban on untouchability has been in place since 1950, prejudice, discrimination, segregation, and violence based on untouchability are still prevalent across India. However, a 2020 study found that 70% of Indians reported not indulging in the practice of untouchability, which is an encouraging sign.
