Untouchability, It is a historically related practice with social discrimination and exclusion, has deeply infused India with historical significance. The Indian Constitution enacted in 1950, explicitly abolished untouchability under Article 17 and provide a safeguard against such practices.
Later on, legislative and judicial decisions have further addressed and condemned untouchability. The objective of this legal review is to examine relevant case law, rules and regulations through their impact on combating untouchability in India.
Legislations:
1. Constitution of India, Article 17:
Article 17 ambiguously declares the abolition of untouchability and its practice in any form. This article comes under the fundamental rights which means, if anyone follow these practices you can directly approach to High Court & Supreme Court to abolish it. It deems such practices as a punishable offense, reinforcing the constitutional commitment to social justice.
2. Untouchability Offences Act, 1955:
This legislation criminalizes practices of untouchability and prescribes punishments for offenses related to its enforcement. The Act aims to enforce the constitutional prohibition of untouchability. This Act was passed in the Parliament for the elimination of the practice of untouchability from the country.
If any person convicted of enforcing the disabilities of untouchability, will be liable for a 6-month-imprisonment or a fine of Rs.500.
3. Protection of Civil Rights Act, 1955:
Enacted to further the constitutional mandate against untouchability, this Act declares the practice of untouchability as an offense and makes it punishable with imprisonment and fine. It also empowers the government to prescribe and notify scheduled castes and scheduled tribes for the effective implementation of the Act.
4. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:
While primarily aimed at preventing atrocities against scheduled castes and tribes, this Act also addresses untouchability. It criminalizes practices like forcing a member of a scheduled caste or tribe to drink or eat any inedible or obnoxious substance, and more, with stringent penalties.
Relevant Case Law:
1. State of Madras v. Champakam Dorairajan (1951):
This landmark judgement related with reservations in educational institutions and government jobs. The court approve the validity for providing reservations for backward classes, including scheduled castes and scheduled tribes, as a measure of positive discrimination to uplift these marginalized sections.
2. M.R. Balaji v. State of Mysore (1963):
In this case, the Hon'ble Supreme Court clarified that reservations were constitutionally valid. But they should not more than 50% and it should be given on the bases of backwardness rather than caste. The court highlighted that reservations were a means to address historical injustice and uplift the weaker sections of the society.
3. State of Kerala v. N.M. Thomas (1976):
This case considered one of the landmark judgement which resolves around the reservation policy of the state. Kerala's government gives the constitutional validity for providing reservation in promotions for scheduled castes and scheduled tribes. The court held that such reservations are valid under Article 16(4) of the Constitution in order to accelerate the advancement of these communities.
Analysis and Conclusions:
The constitutional and legislative structure, along with landmark judgments, reflects a interactive effort to fight untouchability in India. There is a very robust Constitution statutes for eliminating the untouchability practices in India. The Protection of Civil Rights Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. These acts are made persons liable for following such practices and gives punishments as well.
The judiciary also has a crucial role to interpreting and reinforcing the constitutional provisions. It works as a tool for social upliftment, that is coupled with restrictions also. It has a good approach to address this historical injustices to ensuring fairness and equity in the country.
In conclusion, the legal landscape surrounding untouchability in India is characterized by a commitment to social justice and equality. The constitutional provisions, supported by specific legislations and judicial decisions, provide a strong foundation. However, ongoing efforts are essential to address the socio-economic disparities and deep-rooted prejudices that perpetuate untouchability, ensuring that the constitutional vision of a casteless and egalitarian society is realized.
Tips:
While the legal framework is complete, challenges are also there in the application and enforcement of these laws. Even in todays time reports of continuing instances of untouchability and atrocities against scheduled castes and tribes highlight. So there is a need for hard efforts in awareness, education, and proactive measures by law enforcement agencies to control this issue.
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