Title: Indian Law and Caste: The Abolition of Untouchability (original) (raw)
Related papers
Social justice and untouchability in India: A constitutional perspective
Untouchability is an ignoble feature of Indian society. On the one hand, it symbolizes inequality; and on the other hand, it is violative of the principle of human dignity. Every human being is born free and equal. No human dictat can cause a schism on the basis of such concepts like untouchability between two human beings. Although many social reformers tried their hand to reform the social traditions, yet legal reforms could be taken after the independence when we got a new Constitution of free India. Article 17 of the Constitution specifically deals with untouchability. Our Supreme Court in her various judgments clarified the law regarding the abolition of untouchability. Besides that, there are separate statutes like Protection of Civil Rights Act, 1955 and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 which provide legal safeguards to ensure abolition of untouchability. This paper enumerates the legal provisions and the Apex Court Judgments to showcase the spirit of the founding Fathers enshrined in our constitution.
Abolition of 'untouchability' in India
Untouchability" in India was officially abolished by Article 17 of the Constitution of India which came into force on 26 th January 1950. At 65, Indian Republic is still groping with this problem while 80% of her people continue to practise untouchability in some form or other. According to official data a 16.6% of the 1.25b population comprise the untouchable castes called Dalits who live in ghettos and are subjected to humiliations and atrocities of the worst kind despite protective laws. This article attempts to answer why the Indian Republic is a dismal failure in this front? It also argues that 'untouchability' which is a symptom of the malaise of Casteism cannot be eradicated without the abolition of the Caste-system itself afflicting Indian Society.
India's Untouchables: Still Awaiting Equality
South Asian Journal of Religion and Philosophy, 2023
This article considers the history and current situation of the Dalits of India, also known as the Untouchables. A range of primary source material is consulted, including Hindu sacred scripture that defines the caste system, writings by Indian leaders who advocated on behalf of social equality, constitutional documentation, and census data. This research shows that, although there has been much progress towards breaking down India's caste system and achieving a greater degree of social equality, much remains to be done. This is especially the case in India's rural regions where caste distinctions endure. The article also considers caste among the Hindus of Bali, showing that Indonesia's Hindus are free of the worst kinds of caste discrimination that remain a problem in India.
Practice of Untouchability in India, USA and UK: A Comparative Study
SSRN Electronic Journal, 2020
The paper focuses on the majorly practiced law of untouchability which was expressly abolished from the Constitution of India but is openly practiced as an existed law. The caste system has not only given a face tag to the Dalits and other lowest caste but has given a fear of death every day. This paper discusses the origin of caste system in India compared by the origination in UK and USA and connects it to the historical background of these focused countries. Other section of the paper focus on the current scenario of Dalits in India, USA and UK and shared the statistical data and report analysis for a better understanding.
Capturing caste in law : the legal regulation of caste and caste-based discrimination
2013
As a system of hereditary social stratification, caste is associated primarily with South Asia, particularly India, but it also exists in South Asian diaspora communities including in the United Kingdom. Discrimination based on caste affects around 167 million Dalits – formerly ‘Untouchables’ – in India alone. In the United Kingdom it is estimated that there are at least 200,000 people of Dalit origin, possibly many more. Government-commissioned research suggests strongly that discrimination and harassment based on caste also exist in this country. This thesis discusses the legal regulation of caste discrimination in India, in international human rights law and in the United Kingdom. In order to contribute to an understanding of how caste can be conceptualised legally and how caste discrimination can be regulated legally, the thesis examines how the concept of caste and the phenomenon of discrimination and inequality on grounds of caste have been defined, constructed and addressed b...
Tracing the evolution of laws relating to caste in India
2020
A meticulous presentation on "<b>Tracing the evolution of laws relating to caste in India</b>- <i>understanding the development of legislation and judicial decisions</i>" by <i><b>Kiruba Munusamy</b></i>, a practicing lawyer at the Supreme Court of India and founder of the Legal Initiative for Equality (LIFE). <br><br>The session was organized and hosted by : OutLawed on 18th June 2020, 18:30 h (IST)<br><br>
Sociology, 2024
Caste and untouchability have created considerable problems in the social system of the country, which had become acute and medieval. and continued till the independence of India. The problem created by the caste system and consequent untouchability has been described in the following paragraphs which has created disunity in the country. The following article brings out the problem with by the country and how it has been solved are described in this article and ultimately how under the leadership of Mahatma Gandhi and Congress party under the leadership of Gandhiji has completely removed untouchability and casteism. Somehow caste structure even now used by political parties for their gains as could be seen in the recent Lok Sabha elections in Uttar Pradesh.