India is a land of diverse populations. People with different cultures and religions form the Indian society. With the passage of time, some practices evolved in a way that harms the dignity of the people belonging to the socially and economically backward classes. The practice of untouchability is one such social illness that has slowed down the progress of the country.
The people belonging to certain castes are treated unequally solely based on their birth. The people with backward status were denied their rights. But the Constitution of India has been the saviour of the fundamental rights of the Indian citizens. It upholds the right to equality and social justice in India.
Part III of the Indian Constitution provides protection to all the Indian citizens, guaranteeing them equal rights. Article 17 of the Indian Constitution abolishes the practice of untouchability in all its forms, thereby making it a punishable offence.
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The Concept of Untouchability in India
Untouchability has been an ancient tradition in India. It exists from the Vedic Period. Untouchability is not specifically defined under any law, but it can be understood as a social practice of discrimination against a certain class of people based on their caste. The persons belonging to the presumed untouchable class were not allowed to enter the temples or public places to take water from wells, tanks, etc. Even the persons belonging to upper castes considered that touching a person from the so-called untouchable communities would make them or their things impure.
There has been a caste system in India since the Vedic Period called the Varna System, which divides people into four main Varnas (classes) on the basis of the work they perform, i.e., their occupation.
The Four Varnas are:
- The Brahmins, i.e., the thinkers,
- The Kshatriyas, i.e., the king or armies,
- The Vaishyas, i.e., the businessmen or ordinary people,
- The Shudras, i.e., those who serve the other classes.
Shudras referred to the class of people who served the other three classes. But there was no concept of untouchability then. It developed during the mediaeval period. The people taking birth as Shudras were considered impure and hence untouchable, even though they didn't take such an occupation. Later, they were discouraged from taking any other occupation and were discriminated against on the basis of their birth.
They were prohibited from going into a temple or a place of worship, or any other public area or from obtaining water from holy wells, water sources, etc.
They were denied access to a Dharamshala (a building built by a specific community, caste, or ethnic group usually used by pilgrims belonging to a particular group to stay for free or at a minimal cost), restaurant, store, hotel, hospital, public transportation, educational facility, cremation grounds, roads, rivers, and riverbanks, or any venue for general enjoyment.
There were various social and political movements against untouchability by various reformists. Mahatma Gandhi was against the concept of untouchability. He called the depressed classes as ‘Harijans’ (God’s people). Dr. B.R. Ambedkar was one of the great leaders of the depressed classes and worked for the inclusion of the Dalit community into mainstream society.
The Constituent Assembly discussed the Draft Article 11 ( now Article 17, Constitution of India 1950) on 29 November 1948 that aimed at abolishing untouchability. The Assembly unanimously (with the approval of all the members) accepted the draft Article after a small discussion (about whether the term untouchability should be defined in this article or kept open for wider interpretation).
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Article 17 of the Indian Constitution
The lawmakers were aware of the social structure of the country and added the right to equality as a fundamental right under Article 14 to Article 18. It secures the people of lower castes or depressed classes from discrimination of any kind and abolishes untouchability. Article 15 strictly prohibits the state from discriminating against any person on the ground of their caste, race, religion, sex, or place of birth.
Article 17 is a part of the right to equality guaranteed by the Indian Constitution. It abolishes untouchability in all its forms and makes it a punishable offence. The scope of this article is wider. It implies the abolition of social stigma and social disabilities imposed on such people.
It states that “‘Untouchability’ is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.”
The term has not been defined, but the court in various cases includes acts of discrimination on the ground of birth in a particular class. The Rajasthan High Court in Jai Singh v. Union of India and the Madras High Court in Devrajiah v. B. Padmana explained the word ‘untouchability’.
The court said that the term ‘Untouchability’ under Article 17 is not to be understood in its literal or grammatical sense but as a practice that developed historically in the country. It refers to the restriction imposed on certain classes of persons by society because of their birth in certain castes. It does not cover the social exclusion of a few individuals from religious services, etc.
It cannot be practised in any form, and any act done or disability imposed on people belonging to the lower classes is punishable. Hence, a person cannot be restricted, disqualified, insulted, or harassed merely because he belongs to the untouchable community. The acts of forcing such people to live in separate areas and the ceremonies of purification that were observed for coming into contact with such people should also be abolished. It has been made a punishable offence under the laws made by the legislature. The government for the first time enforced the Untouchability (Offences) Act of 1955 (renamed as The Protection Of Civil Rights Act, 1955), making untouchability a punishable offence. Later, other laws were also made.
Relevance of Article 17
Article 17 of the Indian Constitution is important because it abolishes untouchability. It is relevant for the following reasons:
- Social Justice: It promotes equality and social justice by eliminating discrimination based on caste.
- Legal Prohibition: It provides a legal basis for individuals to protect against the practices of untouchability, reinforcing the principle that all citizens are equal.
- Empowerment: It empowers the depressed communities by recognizing their rights and ensuring their dignity. This article makes various places accessible to such people.
- Cultural Change: By formally abolishing untouchability, it encourages a cultural shift towards greater acceptance and inclusion in society.
Overall, Article 17 is an important part of India's commitment to building a more equitable society.
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Legal Enactments in India
In order to abolish untouchability, the government of India enacted various laws. Some of them are:
The Untouchability (Offences) Act of 1955
The first law enacted after independence for abolition of untouchability was the Untouchability (Offences) Act of 1955. It became effective from 1st June 1955.
Some of the main characteristics of the Act were:
- The Act imposed a six month imprisonment or a fine of Rs. 500 for any person convicted for an offence of untouchability in the first instance.
- A jail sentence as well as a fine would be imposed for each successive offence. The penalty can also be raised if thought necessary.
- The offences include prevention from entering a temple or place of worship or other public places; prevention from drawing water from sacred water bodies, wells, etc.; prevention from using a ‘dharmashala’, restaurant, shop, hotel, hospital, public transportation, educational institution, and any place of public entertainment.
- It also deals with stopping the usage of roads, rivers, river banks, cremation grounds, wells, etc.
- Offences such as restriction on profession, trade, or occupations; prevention from charity benefits; refusal to carry out an occupation; refusal to sell goods or services to a person from so called untouchable castes; Causing injury, molestation (an act of making unwanted or improper sexual advances towards someone or attacking someone sexually against their wishes), boycott, or harassment a person on the basis of untouchability were also made punishable.
The Protection of Civil Rights Act, 1955
The Untouchability (offences) Act of 1955 was amended and renamed as ‘the Protection of Civil Rights Act of 1955’ on 2nd September 1976. It prescribes punishment for the practising of untouchability or for the enforcement of any disability arising therefrom. It imposes stricter control over the crime of untouchability.
Some of the main characteristics of this law are:
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- The act provides various punishments for the acts arising out of untouchability.
| Punishment for Offences | Term of Imprisonment | Fine (in addition to imprisonment) |
|---|---|---|
| Punishment for enforcing religious disabilities. (Section 3) | Imprisonment for a term of not less than 1 month and not more than 6 months | Fine not less than 100 rupees and not more than 500 rupees |
| Punishment for enforcing social disabilities (Section 4) | Imprisonment for a term of not less than 1 month and not more than 6 months | Fine not less than 100 rupees and not more than 500 rupees |
| Punishment for refusing to admit a person to hospitals, etc. (Section 5) | Imprisonment for a term of not less than 1 month and not more than 6 months | Fine not less than 100 rupees and not more than 500 rupees |
| Punishment for not selling goods or rendering services. (Section 6) | Imprisonment for a term of not less than 1 month and not more than 6 months | Fine not less than 100 rupees and not more than 500 rupees |
| Punishment for other offences arising out of “untouchability”. (Section 7) | Imprisonment for a term of not less than 1 month and not more than 6 months | Fine not less than 100 rupees and not more than 500 rupees |
| Punishment for unlawful compulsory labour forced on the ground of untouchability. (Section 7A) | Imprisonment for a term of not less than 3 months and not more than 6 months | Fine not less than 100 rupees and not more than 500 rupees |
- All offences under this act are **cognizable (a serious crime for which a police officer can arrest the accused without a warrant), and every such offence, except where punishment exceeds three months of imprisonment, should be tried summarily (a simplified trial procedure where the cases are disposed of speedily by a Magistrate’s court) by a Judicial Magistrate of first class or a metropolitan magistrate.
- Where any offence is committed under this Act, in relation to a member of a Scheduled Caste, the court shall presume that such act was committed on the ground of “untouchability” unless proved otherwise.
- Every person shall be punished for a subsequent offence:
| Offence | Term of Imprisonment | Fine |
|---|---|---|
| For second offence | Imprisonment for a term of not less than 6 months and not more than 1 year. | Fine not less than 200 rupees and not more than 500 rupees. |
| For the third subsequent offence | Imprisonment for a term of not less than 1 year and not more than 2 years. | Fine not less than 500 rupees and not more than 1000 rupees. |
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- It is the duty of the State government to provide facilities and legal aid to such people so that they can avail their rights of protection from “untouchability”.
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
This act aims to prevent atrocities and discrimination against members of Scheduled Castes and Scheduled Tribes. It provides for specific punishments for various offences and ensures the protection of these communities from discrimination and violence. It also contains important details such as how the trial must be held, what types of relief are available, how special courts are formed, and so on. Some of the punishments provided under this act are:
| Offences | Punishment |
|---|---|
Offences of atrocities such as:
| For those not belonging to Scheduled Caste or Tribe: Imprisonment for a term which shall not be less than 6 months but which may extend to 5 years and with fine. |
| Offences by a person not belonging to Scheduled Caste or Scheduled Tribe under Section 3(2) | Shall be punished with: |
| Giving or fabricating false evidence for causing, or knowing it to be likely that it will cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of a capital offence (Section 3(2)(i)) |
|
| Giving or fabricating false evidence causing conviction for a non-capital offence but punishable with imprisonment of 7 years or more (Section 3(2)(ii)) | Imprisonment for a term not less than 6 months but which may extend to 7 years or more and with fine. |
| Mischief by fire or explosive causing damage to property belonging to Scheduled Caste/Tribe (Section 3(2)(iii)) | Imprisonment for a term not less than 6 months but which may extend to 7 years and with fine. |
| Mischief by fire or explosive causing destruction of buildings used for worship, dwelling, or custody of property by a Scheduled Caste/Tribe (Section 3(2)(iv)) | Imprisonment for life and with fine. |
| Committing IPC offences punishable with imprisonment of 10 years or more, knowing the victim is from Scheduled Caste/Tribe (Section 3(2)(v)) | Imprisonment for life and with fine. |
| Specified offences under the Schedule against Scheduled Caste/Tribe (Section 3(2)(va)) | Punishment as per IPC for such offences and liable to fine. |
| Destroying evidence to screen offenders or giving false information (Section 3(2)(vi)) | Punished with the penalty for that offence. |
| Public servant committing offences under Section 3(2) (Section 3(2)(vii)) | Imprisonment for a term not less than 1 year but may extend to the punishment for that offence. |
| Punishment for neglect of duties by a public servant (Section 4) | Imprisonment for a term not less than 6 months but which may extend to 1 year. |
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Indian Judiciary and Article 17
The Indian judiciary has played a significant role in uplifting the people of lower strata of society and ensuring them social justice.
In case of Devarajiah vs. B. Padmana, the court, while explaining the word “untouchability”, indicated that it is not to be interpreted literally or grammatically but understood as a practice adopted from historical development and historical activities. It is understood as a social disability imposed on the basis of birth in a certain caste.
In People Union for Democratic Rights vs. Union of India, the court held that the protections provided by articles 15 and 17 apply to both state and private individuals. Hence, people are protected from both the state and private individuals who practise untouchability. Also, it will be the responsibility of the state to take action immediately, even if the violation is done by private individuals. The state cannot be freed from its duty even if the aggrieved person is capable of enforcing his/her fundamental rights.
The Supreme Court has expressed its concern on the continuance of the practice of untouchability in the case of State of Karnataka v. Appa Balu Ingale. It considered untouchability as an indirect form of slavery that is an extension of the caste system.
The Indian judiciary, in various cases, has shown its concern towards the existence of untouchability and its impact on the growth of the nation.
Conclusion
Article 17 of the Indian Constitution represents a vital commitment to social justice and equality. Although there has been an improvement in society towards this social illness, the struggle to fully get rid of it is still ongoing. It requires collective efforts from the government, judiciary, civil society, and individuals to challenge and change deep-seated societal norms. As India continues to evolve, the principles glorified in Article 17 must be upheld, ensuring that every citizen can enjoy their fundamental rights without fear of discrimination.
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Frequently Asked Questions (FAQs)
What is untouchability?
Untouchability refers to a social practice where people belonging to the lower castes as per the Caste system prevailing in India are considered impure and the people of the elite class avoid any sort of physical contact with them. Such people are discriminated against on the basis of their birth in a particular caste.
Which statute deals with the abolition of untouchability in India?
The Protection of Civil Rights Act of 1955 primarily deals with the offences of untouchability in India. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 also provides for penalties with respect to offences relating to untouchability in India.
References
- The Constitution of India
- The Protection of Civil Rights Act, 1955
- Article 17: Abolition of Untouchability
- The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
- Study on Abolition of Untouchability
Written by Samraddhi Mutha
Samraddhi is a law aspirant with a keen interest in Business and Corporate Laws, eager to work in the corporate world while gaining practical experience. As a CS aspirant, she is particularly drawn to Corporate Statutes, researching related aspects, and drafting various legal documents..
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Further Reading
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