The End Of Untouchability (article 17):
Introduction:
Untouchability is the treatment of people differently based on their caste and the kind of work they undertake. For centuries, untouchability has been ingrained in the Indian caste structure. Untouchability abolition (Article 17) was integrated into Part III of the Indian constitution's Fundamental Rights. The practice of untouchability is restricted and outlawed, guaranteeing its elimination in all forms. A democratic government will not tolerate the practice of untouchability and will penalize it.
Untouchability: What Is It?
Untouchability is a social practice that denigrates and discriminates against certain oppressed groups based only on their place of birth. Others were allegedly tainted by their physical touch.
Untouchability is not defined in either the Constitution or the Act.
These untouchable groups were not allowed to use the pond or tank that the higher castes utilized, or to draw water from the same wells.
They were subject to a number of restrictions, including being forbidden from entering specific temples.
However, the Mysore High Court affirmed its interpretation in one of its rulings.
The court ruled that the practice as it has evolved historically in the nation, rather than the literal or grammatical meaning of the word "untouchable," is the topic of Article 17.
It alludes to the societal limitations placed on certain classes of people as a result of their birth into particular castes. As a result, it excludes some people from participating in social boycotts or religious services, among other things.
Some actions will be seen as untouchable traditions as a result of the various judgments and directions the court has given, and a provision for punishment has also been included in this regard.
Article 17: Justification
According to Article 17, "Untouchability" has been outlawed and is never permitted to be practiced. Any handicap imposed as a result of "Untouchability" is illegal and will be punished accordingly.
The idea of "untouchability" has been eliminated, and any use of it is forbidden. Any restriction imposed as a consequence of "Untouchability" is illegal and is punished by law.
Article 17 of the Indian Constitution was included to put an end to the caste system, untouchability, discrimination, and other types of injustice that have persisted in our society for decades.
It offers defense not only against the state but also against private citizens.
The state is required by law to make the necessary steps to prevent its infringement. (Union of India v. People's Union for Democratic Rights Case)
Article 17 of the Constitution's list of established rights is the only one that is unqualified. In other words, it is against the law to exercise untouchability in any way, and there are only consequences if you do.
The fact that this provision was included in the Constitution shows how important the Constituent Assembly thought the elimination of this abhorrent practice was.
A crucial provision in terms of equality before the law (Article 14) is Article 17. It guarantees social justice and human dignity, two rights that have for centuries been denied to a significant portion of Indian society.
There can never be a violation of Article 17 since it is absolute in nature.
Untouchable Behavior:
Case Studies of Techniques regarded as untouchable:
• Either directly or figuratively promoting untouchability
• Prohibiting anybody from going to a place of public worship or from worshipping there (Like Temple, Majid, Church)
• Using customary, religious, philosophical, or other justifications to justify being untouchable (I am adhering to casteism because it is written in the Bible.) That won't work and will also be seen as a criminal act
• denying people access to any business, hotel, club, or other place of public entertainment
• restriction on the placement of public services, such as at a reservoir, a tap, or other water sources, a road, a public pasture, a crematorium, or other places
• A scheduled caste (SC, ST, OBC) member being disparaged because they are untouchable
• refusing to let individuals into facilities such as hospitals, schools, or hostels that are intended to serve the needs of the general public
• refusing to market products or provide services to anybody
The Untouchability Law:
Abolition of Untouchability Laws
• This basic right does not automatically apply. Many regions of India still experiences untouchability even after the Constitution had been in place for 70 years.
• Under the power of Article 35, the Parliament has passed legislation to address this.
The 1955 Untouchability Offenses Act
Main provision
• No pardon will be issued since this is a criminal crime.
• If found guilty, a judge may impose either a 500 rupee fine or a six-month jail term.
• A candidate for Parliament or a state election will be disqualified if proven guilty.
Protecting of Civil Liberties Act of 1976:
• This statute modified the Untouchability Offenses Statute of 1955.
• The Protection of Civil Rights Act, 1955, was completely modified and renamed in 1976 in order to broaden its application and toughen its criminal penalties.
• According to the statute, a civil right is any privilege that a person acquires as a result of untouchability being abolished under Article 17 of the Constitution.
• The penalty was increased upon proof of the accusations to two years in jail, a fine of Rs. 2000, or both.
Prevent Atrocities Against Scheduled Castes And Scheduled Tribes Act of 1989:
• Its main objective is to prevent atrocities by, among other things, stepping up monitoring and obtaining permission from the higher castes.
• Offers support and rehabilitation to victims.
• A special court and police force are established.
• In rare circumstances, police may even provide firearms to SC and ST community members for self-defense.
Some Important Judgment:
Karnataka State v. Appa Balu Ingale
• In this case, the respondents were sued because the plaintiff was forcibly denied access to the freshly excavated bore well because he belonged to an untouchable group.
• The respondent was testified against by four Harijans. In this case, Article 17's declared goal was to rebuild the ethical and moral pillars that society had lost as a result of blindly adhering to ritualistic cultural beliefs.
• It was said that the goal is to equalize Dalit’s with the general population. Caste and religious discrimination need to be outlawed.
Union of India v. People's Union for Democratic Rights, AIR 1982
• In accordance with this Case, the State is required to intervene immediately if a private person infringes the rights protected by Article 17.
Union of India and Others v. Safai Karamchari Andolan and Others
The petitioners in this case asked the Central Government, State Governments, and Union Territories to implement the Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, by filing a petition under Article 32.
In this case, the Court issued a number of directives, including:
• We shall all provide rehabilitation for manual scavengers.
• There are scholarships available for scavengers' offspring.
• Scavengers get one-time cash assistance.
• One person in every family has to get skill training in order to earn a livelihood.
• They want additional legal assistance.
• Each fatality in a sewer gets compensated.
Conclusion
A crucial part of the Right to Equality is Article 17. It guarantees social justice as well as equality. In India, untouchability in any form is illegal and subject to legal sanctions. Furthermore, it is crucial that the notion of Untouchability not be taken literally. Untouchability should be understood in the perspective of Indian society, however.