Question

Explain the constitutional and legal measures undertaken to eradicate untouchability.

Answer 1

Hint: The practice of untouchability has a long history in India. It refers to the act of ostracising people or a group based on the socially created caste system. It is most commonly associated with the Dalit communities who were considered to be outside the caste system or regarded as the lowest caste. They were historically pushed into occupations that were in service of the upper castes or regarded as impure by the upper castes such as manual scavenging, sweeping, cremating, etc. This segregation from society led to their centuries of marginalisation that these groups have faced over generations.

Complete Step by Step answer: Article 17 of the Indian Constitution abolishes untouchability and forbids its practise in any form. If it is practised, it shall be treated as an offence punishable under the law. Article 17 has been implemented by the Protection of Civil Rights Act, 1955, whose earlier title was “The Untouchability Offences Act”. According to this act, the following practices are also understood as untouchability—prohibition from eating with other members, from entering public places of worship, from entering other castes homes, from using common village roads and from accessing common public properties and resources. Also, segregation in food and seating arrangements in restaurants, public events or weddings, segregation of children in school, bonded labour and separate burial or cremation grounds are all considered acts of untouchability. The Supreme Court has held the fundamental right against untouchability guaranteed in Article 17 is available against private individuals and it is the constitutional duty of the state to take necessary steps to see that this right is not violated.

Note: Untouchability is also practised in other cultures and countries such as against Cagots in France, Baekjeong in Korea, Tanka in China to name a few.