Social justice and untouchability in India: A constitutional perspective (original) (raw)
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Title: Indian Law and Caste: The Abolition of Untouchability
The intersection of law and caste is a compelling narrative, particularly in the context of the abolition of untouchability. This paper delves into the historical trajectory of untouchability, examining how legal interventions have played a pivotal role in dismantling this discriminatory practice. From early legislative efforts to constitutional amendments, the evolution of laws against untouchability is traced. The paper explores the socio-legal landscape, highlighting key milestones and challenges in the journey towards societal equality. Emphasis is placed on the transformative impact of legal provisions on marginalized communities, fostering inclusivity and challenging deeply ingrained prejudices. Through a lens of historical progression and contemporary relevance, this study offers a concise yet comprehensive overview of the legal landscape surrounding the abolition of untouchability.
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.
A Study on the Abolition of Untouchability
IOSR Journal Of Humanities And Social Science (IOSR-JHSS), 2017
Untouchability” is a practice which is abolished & considered to be forbidden by law. And practicing this activity is considered to be offence and punishable in Law.Defensive separation is one of the essential strategies through which Constitutional objectives like social and financial equity can be secured to the Women, Scheduled Castes and Scheduled Tribes. Defensive separation implies inclination given in admission to open instructive foundations and in broad daylight work to the weaker areas of the general public including the Women, Scheduled Castes and Scheduled Tribes. As India is having assorted qualities regarding religion, standings, conviction and groups with various levels of social and instructive progression, which made it troublesome for the State to embrace uniform arrangement to all segments of the general public. The investigation on "Defensive Discrimination" is essential since over 70% of the populace is living in the towns and the advancement of the nation relies on the provincial improvement. It is outlandish for the State to give the monetary help to all Women, Scheduled Castes and Scheduled Tribes, by offering money to enhance their financial conditions. So the Constitutional producers have received such a variety of arrangements for giving reservation in instruction and business. Yet, it is awful to state that still over half of the Women, Scheduled Castes and Scheduled Tribes are uninformed about their assurance and unmindful to get those advantages, due to the issues like, destitution, ignorance, obstruction of go between, absence of will of the administration and so forth. These gatherings of individuals have neglected to acquire the total organic products. So it is unavoidable to bring systematization by the administration to give the products of reservation to the individuals who really required and bar the forward class from reservation. The examination would likewise highlight the part of legal in deciphering the defensive separation provision given in the Constitution of India for Women, Scheduled Castes and Scheduled Tribes. Through this investigation, individuals having a place with these areas (Women, SCs and STs) would be illuminated about the Constitutional securities and benefits and the insurance given to them under different laws. Also, the conclusion and recommendations made in this exploration work might be used by the administrators, strategy creators and arrangement mediators to achieve equity and fairness through the approach of reservation.
The Hindu social order, particularly its main pillars: the caste system and untouchability, presents a unique case. As a system of social, economic and religious governance it is founded not on the principle of liberty or freedom, equality and fraternity, the values which formed the basis of universal human rights, but on the principle of inequality in every sphere of life. It leaves no difference between legal philosophy (law) and moral philosophy (morality).
Social Justice and Caste Inequality: A Review of the Constitutional Provisions
Quest Journals, 2017
Indian society is a graded society with various communities divided according to their religion, caste, language and geographical locations. When some communities were having the privileges being in a dominant position, the other communities were suffering the humiliation in the name of tradition and culture. Among these differences, the segregation due to the caste differences with discriminatory practices made the Constitutional makers to debate in order to maintain and create a democratic space. The concept of social justice and the notion of equality and fraternity were given much importance while making the draft constitution to provide the protected space in the society. The present paper draws the attention towards understanding the social justice as discussed in the Constitutional assembly debates and look at the new directions to make a better society.
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.
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.
Dalits are the most neglected, marginalized, exploited and the most disadvantaged socio-economic group in India. The continuing atrocities on the Dalits, its nature and the response (or the lack of it) of the law and order machinery represents deep-rooted fault lines in our society and demands multi-faceted action as a nation. The scourge of untouchability was a blot on the Indian civilization. Despite the constitutional declaration of its abolition under Article 17 of the Constitution, progressive legislations, programmes and schemes for the development and empowerment of the dalits it persists in many subtle and not so subtle ways. It has been an unmitigated tale of prejudice, discrimination and exploitation. At stake, in the ultimate analysis, is the very integrity and survival of Indian society. Without transforming vertical inequality in society into horizontal equality, democracy will have no meaning. If the law is not in favour of disadvantaged, they will never achieve true equality of opportunity and freedom of choice. This Paper will analyze the various atrocities on Dalits & their Constitutional rights guaranteed in the Indian Constitution. Key words: (Dalits, Atrocities, Untouchability, Discrimination, Constitutional Rights)