File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Abolishment of Untouchability

"Untouchability shuts all doors of opportunities for betterment in life for Untouchables

Untouchability is a curse that has prevailed in the society for centuries. From the earlier times, untouchables has been the victim of the inhuman treatment just for the reason that they did not belonged to the "elite class" of people. The questions arousing the curosity of the readers had always been as to "Who were Untouchables?" " Why were the treated like that?" "What had been done for them so far?"

Meaning of Untouchables

Untouchable in the simplest of words if explained means "things that cannot be touched". From the beginning of the civilization, human race had always been categorized into different sections on the basis of how much wealth or power an individual possessed. As time flew and people started making progess, when wealth became power, the class system started becoming rigid. The class system is of the apex structure.

At the top were the rulers or precisely the wealthiest who were the most powerful followed by the group of their acquaintances who served as well as advised them. In this apex structure of class, just below the ruling parties and the nobles, the Officers were the common man who ran small business. As one moves below, you would find a class that was neither a king nor belonged to the king or to his men or subjects.

Those were the untouchables that usually lived outside the walls of the city and were a part of inhuman treatment, washed and cleaned others restrooms etc. People belonging to the lowest class have been objectified as "thing that cannot be touched" and hence The "Untouchables."

History of the untouchables in India
Untouchables were known as 'Dalits'. The term 'Dalit' has been derived from the Sanskrit word Meaning 'down' and 'destrodden'. Untouchability was not only prevalent in India but also on Japan, Tibet and Korea.

People in India were divided into four castes namely:
  • The Brahamans or the ruling class.
  • Kshatriyas or those in the armies.
  • Vaishyas were the ordinary business men or the artisans.
  • Shudras or simply the 'untouchables' that served the other three classes
The Shudras were the slaves that were looked down upon. They lived outside the walls of theKingdom, were not allowed to enter the temples or to draw water from the well or to use any Other kind of public amenities. The Shudras were devoid of any kind of educational opportunities and were a part of ' a child of a slave can only be a slave' slogan.

Many reformers such as Jyotiba Phule, Ishwar Chandra Vidyasagar, Raja Ram Mohan Roy, Swami Vivekananda worked really hard against the untouchability practices. Dr Bhimrao Ambedkar and Mahatma Gandhi were the most prominent reformers among all. Mahatma Gandhi called the untouchables as 'Harijans' meaning 'children of God'.

Abolishment of Untouchability
After fighting for decades to remove this social barrier and exercising dominance over oppressed classes,� The practice of untouchability was finally and legally banned by the Constitution of India in the year 1950 under Article 17. Article 17 came into force on June 1st, 1955.

Article 17 clearly states that untouchability in any way is prohibited irrespective of any caste, Colour or creed and incase somebody practices it shall be liable and punished by law.

'Untouchability is abolished and its practise in any form is forbidden. The enforcement of any disability arising out of untouchability shall be an offence punishableIn accordance with law.' �

Importance of Article 17
  • Article 17 reflex country's democracy, it clearly states that power of the people is above all which later tends to seek social equality
  • Such constitutional and legal safeguards country's democracy.
  • Abolishment of untouchability under Article 17 opened doors of opportunities for the underprivileged that were oppressed.
  • The oppressed classes have now an access to educational and financial opportunities to Improve their living lifestyle.
  • Article 17 helped in weakening the caste structure that was so rigid and tough to breakthrough it.
  • Article 17 gives an access to the Dalits for all public amenities including using public wells and entering temples.
  • Article 17 guarantees that Dalits would not be be exposed to the inhuman treatment that they had been a victim of.
  • Dalits under Article 17 are now not looked down upon as slaves but rather are treated at par with others in every field of life.
  • Article 17 guarantees the implementation of social justice in the society, such implementations are necessary for establishing the democratic side of a country.
  • Hence it is necessary to remove all the practices that are undemocratic and discriminatory in nature.
Case Laws:
  1. Ingale Appa Balu (AIR-1993)
    The Supreme Court in the case of Ingale Appa Balu of year 1993 stated that practice of Untouchability is an indirect form of slavery and if it is continued, caste system would still exist.
     
  2. Devarajiah vs B.Padmanna* (1957)
    The court revised the provisions under Article 17 and stated the abolishment of untouchability. The court also further stated that it's practice in form is strictly prohibited.

Conclusion
Abolishment of untouchability under Article 17 was indeed an applausable step taken by our Constituent makers as well as the government because it's abolishment not only paved all the paths for the opportunities for the oppressed classes but also gave our country India, a stronger side of democratism where the power of the people and its constitution is supreme above anything else.

The abolishment of the practice was not only a blessing for the lower castes but also it was the result of the constant efforts and never ending hardwork of our reformers that toiled their entire lives even in the 17th or the 18th century where the caste system was so rigid, where they faced so many obstacles and repercussions to uplift the social status of the untouchables.

Although the constitution of India has banned the practice but this curse is still prevalent in many parts of India where untouchables still struggle for their upliftment and identity, so as the citizens Of the Democratic Republic of India, it is our responsibility to carry out the legacy of the social works of our reformers and our constituent makers and let's uplift the people to make India a better and a stronger nation where people are not judged on the basis of their castes but for their competency and their sheer hard work because somebody has rightly said " a small step taken today would surely turn into a larger step tomorrow".

End-Notes:
  • Quote by Dr Bhimrao Ambedkar
  • www.toppers.com
  • Article 17, Constitution of India
  • indiankanoon.org

Award Winning Article Is Written By: Ms.Aaliya Fatima, University of Lucknow
Awarded certificate of Excellence
Authentication No: MR306754319557-08-0323

Law Article in India

You May Like

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly