"When The Blood That Flows In All Human Beings Are The Same Then Why Should There Be A Scope Of Discrimination Based On Their Caste Or Creed" - -  Anonymous

Musing about the society, it's not free from any problems. One of the underlining problems is untouchability and this stigma is so obstinate that it doesn't leave the society which will be discussed in this article review. The concept of caste in ancient India was a complex and multidimensional phenomenon that evolved over time. The early Indian perspective on caste was sculpted by various texts, traditions, and thinkers, reflecting both hierarchical and egalitarian views.

Untouchability is abolished and its practice in any form is forbidden. This is a reference to Article 17 of the Constitution of India, which states: "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." Untouchability is nothing but a woeful problem as it focuses on disparity, inequality and inequity in the social, economic and other aspects of life and institutions.

I still don't find the logic why untouchability prevailed in India when the preamble of our Indian constitution affirms to solemnly resolve the people to secure to all its citizens "justice, social, economic and political" and moreover article 38 pledges the state to take appropriate steps to steer a social order in which justice, social, economic and political, shall inform all the institutions of the national life. Injustice is so omnipresent hailing from precolonial and colonial period and which is why earnest efforts are required to bring about a panacea for social transformation.

This paper also extends its focus on caste aspect as well. The general meaning of caste could be understood as a social class or group in a society that is determined by birth, occupation, or social status, which also signifies social hierarchy, hereditary, endogamy, occupational and social status. In India, the caste system is a complex and ancient social hierarchy that has been influential in shaping social relationships, economic opportunities, and cultural practices.

This research gave us an insight as to when the precise indication of the four-tier hierarchical inequality developing among the Vedic Aryans. The author mentioned about one of the sacred Hindu hymns mentioned in Rigveda which categorize Brahmana as the mouth, Rajanya as the arms, Vaishya as the thighs and Shudra as feet of the divine Purusha when he was sacrificed by gods for the sake of creation of the universe.

Around 1000BC-600BC the 4 classes were titled as brahmanas were given the title as a specialized class of priests monopolizing the complex rituals and as scholars and teachers, and the kshatriyas as warriors and rulers controlling larger territorial units and material resources as a result of participation and victories in ongoing battles, the Vaishyas as tribute-paying peasants, cattle-rearers, artisans and traders, and the Shudras as domestic servants, agricultural laborers and slaves.

The early Indian perspective on caste was complex, reflecting both hierarchical and egalitarian views. While texts like Manusmiriti reinforced the caste system, others like Buddhist and Jain scriptures challenged it. This evolving concept continues to shape Indian society today. What gives a shock to my spine is that Shudra were been designated ayajniya, that is, unfit to perform a sacrifice. Not to forget about our so-called Dharma sutras identified Shudras as untouchables in its lawbook.

People had a false misconception that untouchability possess hereditary pollution owing to physical contact with group of people. The distinction between the affluent and the destitute, the high (ukkattha) and the low (hina), is pronounced and explicit, and is applied to jatis (castes), kulas (families), kammas (occupations) and sippas (crafts) in both Buddhism and Jainism. By reading this article I have come to a conclusion that as to how the concept caste has continued through generations and ages.

We get to witness the impact of caste in occupations in birth-based hierarchical class society of early India. If we closely pay attention expansion of caste and untouchability increased in leaps and bounds over 200AD TO 1200AD. Untouchability, a practice that denies individuals basic human rights and dignity, has a long and complex history in India. The early Indian perspective on untouchability was shaped by various texts, traditions, and social norms, leading to a deeply ingrained and troubling practice.

As per my knowledge the backward tribal communities were not given enough economic security. Their pathetic condition made them soft targets to get exploited. Parashara, who composed his Smriti during the period, reflected this social change clearly when he prescribed a number of expiations especially for the Shudras in case of their being polluted by the untouchables. But thankfully our Indian constitution did not adhere or incline towards any illogical mindset while framing laws. But there could well be other forms of social disability connected with untouchability.

There can be discrimination against them in regard to the use of utensils and other articles kept in public restaurant, hotel, dharmshala, etc. for the use of general public or the practice of any profession or the carrying on any occupation, trade or business or the enjoy of any benefit under a charitable trust created for the benefit of general public or the construction, acquisition or occupation of any residential premises in a locality or the observance of any social or religious custom, usage or ceremony or taking part in any religious procession or the use of jewelry and finery.

All the above-mentioned practices are now forbidden by the constitution. For the effective enforcement of the declaration contained in article 17 the constitution ruminates penal laws for prescribing punishments for those acts. The Indian government needs a hands down respect for enacting the Untouchability Act, 1955. This act prescribed punishment for the enforcement of any disability arising therefrom.

In 1965, a committee on untouchability, economic and educational development of the SCs was appointed to examine the working of the act and to make suitable recommendations for its amendment. In the amended act the expression civil rights have been defined as any right accruing to a person by reason of abolition of untouchability under article 17 of the constitution.

The amended act also made considerable changes in the existing law, namely, all offences to be treated as non-compoundable and offences punishable up to three months to be tried summarily, punishment of offences enhances; a civil servant showing negligence in the investigation of offences to be punished as an abettor, privately owned places of worship brought within its purview; preaching of untouchability or its justification made an offence, the state governments empowered to impose collective fines on the inhabitants of an area involved in or abetting the commission of offences and a machinery envisaged for better administration and enforcement of its provisions.

In State of Karnataka v. Appa Balu, 1995 SCC 469, the first case to have come before the supreme court under the act, the court upheld the conviction of the accused respondents by the two lower courts but reversed by the high court. In a feiry concurring opinion going into the sociological angularities of the evil of untouchability and the constitutional resolve to remove it lock, stock and barrel at the earliest, K Ramaswamy J said that the evil is not founded on mens rea and in appreciating the evidence the courts should approach the psychological approach and should not be influenced by deep seated prejudices covertly funded in other walks of life about this evil.

Written By: Vivekanand Jha