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Abolishing Untouchability
Context: A central, radical feature of the constitution was the formal abolition of untouchability, a cornerstone of the caste system. While often attributed to the foresight of the Constituent Assembly’s leadership, this provision was in fact a hard-won victory secured through decades of organised Dalit assertion, led by figures like Dr. B.R. Ambedkar.
What is Untouchability?
Untouchability is a pernicious and degrading aspect of the Hindu caste hierarchy that relegates certain groups, historically labelled “Untouchables” or “Dalits,” to the bottom of the social order. It is a system of social and religious apartheid characterised by:
- Ritual “Pollution”: The belief that certain communities are “polluting” by their very nature or occupation, making physical or social contact with them “impure” for upper castes.
- Social Exclusion & Segregation: This belief translated into pervasive practices: denial of access to public spaces (wells, roads, temples), segregation in housing (separate colonies), and enforcement of social distance.
- Economic Exploitation: Confinement to “polluting” or menial occupations (like manual scavenging, leatherwork, disposal of dead animals) with little chance of social mobility.
- Religious Sanction: It was historically justified and perpetuated by religious dogma and scriptural interpretations that assigned this status as a result of “karma” from past lives, making it seem immutable.
- In the Constituent Assembly era, orthodox defenders made a critical distinction between “communal untouchability” (exclusion in public spheres) and “religious untouchability” (practices integral to ritual purity, like temple entry or rituals during funerals/menstruation). They argued the latter was an inviolable core of religious freedom.
Why did its eradication become the need of the hour?
The abolition of untouchability was a non-negotiable imperative for the new Indian nation for several converging reasons:
- Foundational for a Democratic Republic: India was establishing itself as a democracy based on the universal adult franchise and the principle of equality. The existence of a legally and socially sanctioned system that deemed millions of citizens inherently “polluted” and unequal was a fundamental contradiction to the very idea of popular sovereignty and equal citizenship. As one orthodox petition revealingly feared, it would arm the “heavy majority” against them.
- Result of Sustained Dalit Struggle: The demand was not a gift but an outcome of relentless mobilisation. Leaders like Dr. Ambedkar had for decades organised protests, debates, and movements (like the Mahad Satyagraha for water access, temple entry movements) making the annihilation of caste a central political issue. The Constituent Assembly provisions reflected this powerful groundswell.
- A Moral and Social Justice Imperative: Untouchability was a brutal system that wounded the “self-respect” (as even some opponents conceded) and dignity of a vast section of the population. Building a just society required its dismantling as the first step toward social integration.
- Countering Orthodox Resistance & Defining National Identity: The fierce opposition from orthodox groups, who petitioned in large numbers for minority protections to preserve caste practices, presented a clear ideological choice. The constitution-makers had to decide whether the new India would be a theocratic state preserving hierarchical “Dharm Rajya” or a secular, egalitarian republic. Abolishing untouchability was a decisive rejection of the former.
How was it eliminated from India through constitutional and legal measures?
The elimination of untouchability was pursued through a powerful combination of constitutional declaration, legal prohibition, and affirmative action, overcoming significant resistance.
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Constitutional Cornerstones:
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- Article 17 (Abolition of Untouchability): This was the most direct and absolute mandate. It declared, “‘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.” It placed the issue beyond the realm of legislative debate, making it a fundamental constitutional principle.
- Article 15 (Prohibition of Discrimination): Forbids discrimination against any citizen on grounds of religion, race, caste, sex, or place of birth. It specifically empowers the State to make special provisions for the advancement of any socially and educationally backward classes (including SCs/STs).
- Article 16 (Equality of Opportunity): Provides for equality of opportunity in public employment and allows for reservations in favour of backward classes.
- Article 23 (Prohibition of Traffic in Human Beings): Aids in combating forced labour linked to caste-based occupations.
- Right to Religion vs. Social Reform: Despite orthodox demands to protect “religious untouchability” under Article 25 (Freedom of Religion), the Constitution explicitly subordinated this right to other fundamental rights, public order, morality, and health. More crucially, Article 25(2)(b) specifically empowers the State to make laws providing for “social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.” This provision was a direct legal tool to enable temple entry laws.
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Enabling Legislation:
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- The Untouchability (Offences) Act, 1955: This was the first law enacted to punish the practice of untouchability, prescribing penalties for preventing access to temples, shops, public restaurants, water sources, etc.
- The Protection of Civil Rights Act, 1976 (PCRA): A stronger amendment to the 1955 Act, it enhanced punishments, made offences cognizable and non-compoundable, and placed a duty on public servants to investigate such offences.
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The Comprehensive Legal Arsenal:
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- The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (PoA Act): Recognising that social boycotts and violence were new forms of enforcing untouchability, this Act created specific offences against SCs/STs (like forcing them to eat inedible substances, sexual exploitation, etc.) with stricter penalties.
- Affirmative Action (Reservations): Complementary to punitive measures, constitutionally mandated reservations in education, government jobs, and legislatures (Articles 330, 332, 335) were aimed at providing material and political power to dismantle the socio-economic foundations of caste hierarchy.
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The Source’s Authority and Ownership of the Article is Claimed By THE STUDY IAS BY MANIKANT SINGH
