Untouchability is a menace and social evil associated with traditional

Hindu society. Untouchablity in simple terms can be understood as a

practice whereby a particular class or caste of persons are discriminated
with on the ground of their being born in that particular caste or on the
ground of their being members of those social groups involved in menial
jobs. The practice of ‘untouchability’ is a stigma attached attached to
the Hindu society. In the entire twentieth century, the Namasudra and
other lower castes were influenced with that reforms and there were
visible signs of a dynamic changes in their society. According to
traditional Hindu ‘Varna System’, a person is born into one of the four
castes based on karma and ‘purity’. Those born as Brahmans are priests
and teachers; Kshatriyas are rulers and soldiers; Vaisyas are merchants
and traders; and Sudras are laborers.
Untouchability is basically not from India. It was practiced in parts of
Europe until a few centuries ago, and Japan still has a large number of
"Untouchables", called the 'Burakumin'. But it is in the Indian Sub-
continent that this system survives, closely bound with culture, religion,
history and politics. Today over 170 million people in India are
considered Untouchable, and their development has been slow despite
the Legal safeguards and the Government programs. According to the
'Manu Smriti' there are four castes in Hindu society and each caste has
assigned duties, responsibilities and privileges. The Brahmins are the
learned, the Kshatriyas are the warriors, the Vaishyas are the traders, and
the Sudras perform menial tasks and physical labour, and are considered
as the lowest. And only uppers castes have the right to study the Vedas.
The upper castes alone have the right to the thread ceremony which is
performed as a rite of passage, allowing them to be termed twice-born.
India got Independence on 15th of August, 1947 after long and painful
struggle of more than one hundred years. The struggle was not only
against the foreign rule of British but it was also against the social evils
such as untouchability prevailing from centuries. After Independence
when great leaders of freedom struggle agreed to make our own
Constitution, it was decided that there must be provisions under the
Constitution regarding the abolition of social evils and upliftment of
down-trodden castes and social groups etc.

India's government and legal system when dealing with dalits or

'untouchables' is fraught with contradiction. This is evident in the
disparities between upper and lower castes, in terms of economic and
political power, and is a consequence of the States differential treatment
of these sections. The Indian Constitution - the writing of which was
chaired by the most powerful dalit advocate for dalit rights, Dr.
Ambedkar embodies civil and legal rights providing for non-
discrimination. However, secular legal and constitutional structures are
contradictory to the prevalent ancient Hindu law: religious, social and
economic practices that involve a discriminative hierarchy based on
hereditary social status, occupation and ritual duties. Stratification of
society benefits the upper classes as it secures positions of economic and
social power, and allows the exploitation of the lower castes; Hindu
beliefs and law sanction this. It is therefore not in their interest to
remove discrimination by the implementation of the constitutional
principles and laws in favors of the dalits. The Indian state hasn't, to
date, taken a serious approach to the betterment of the dalit situation
because it is essentially aligned with the upper castes. The provision of
reservations for government seats, employment and higher education has
improved the living standard of some dalits, yet most remain in poverty.
Reservations provide positive discrimination; ironically this also
stereotypes dalits, resulting in their continual segregation in society. The
state has not successfully provided due access to education, equitable
employment, ownership of land and legal protection to break the cycle
of caste based oppression. Dalit political parties and movements for the
assertion of rights and self determination have been numerous and
varied, but have been successfully quelled by the state and upper castes
through the use of political power, violence, and police intimidation, all
contrary to the constitution.
In view of this objective Article 17 was added to the Constitution;
Article 17 reads as follows:
“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.”

Thus, Article 17 abolishes and forbids untouchability in any form. At the

same time, it also makes it an offence punishable as per the law made by
the Parliament.

In order to fulfil the mandate of Article 17 of the Constitution, the

Parliament enacted the Untouchability (Offences) Act, 1955. It made
several discriminatory practices punishable as offences, although the
punishment provided were rather mild and in their actual application
even milder.
Several lacunae and loopholes were found in the working of the
Untouchability (Offences) Act, 1955 which compelled the Government
to bring about a drastic amendment in the Act in 1976. The Act was
revamped as the Protection of Civil Rights Act.
In our society there still exist feeling of superiority of caste and birth.
We can experience the practice of untouchability in everyday life around
us, especially in rural and semi-urban areas of the country. Also, in big
metro cities, the inhuman practice of manual scavenging is still there.
According to a news report of Press Trust of India (PTI), on January 3,
2014, four tea shop vendors were arrested by the Police in Karnataka for
practicing untouchability while selling tea- they were serving tea in
different types of cups to caste Hindus and SC/STs. The incidence
shows that the evil practice is so deep rooted in Hindu society that even
after 67 years of Independence is continuing in one form or other.

However, it can be said that things are slowly changing; the mind set of
modern generation is also changing. Today’s youth with modern
education and globalized outlook are viewing the social order from
different perspective of equality and impartiality and not from the
religious or traditional point of view.
Following suggestions can be made to eradicate the evil of
untouchability.
1. Increasing education among the untouchables.
2. Emphasis should be on economic improvement of the untouchables.
3. The untouchables should be given assistance in agriculture and
cottage industries.
4. Propaganda against untouchability should be made.
5. Social security should be provided to the members of the scheduled
castes so that they may not have to borrow in limes of disease, old age
and death.