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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: April 20, 20242024-04-20T11:40:19+05:30 2024-04-20T11:40:19+05:30In: Human Rights

Describe the nature of the problem of Untouchability and Social exclusion in India. How this problem has been dealt with by the Constitution?.

Explain the nature of India’s social exclusion and untouchability issues. What role does the Constitution play in this matter?

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    1. Himanshu Kulshreshtha Elite Author
      2024-04-20T11:40:38+05:30Added an answer on April 20, 2024 at 11:40 am

      The problem of untouchability and social exclusion in India has deep historical roots and continues to persist as a significant social issue despite constitutional provisions and legal measures aimed at addressing it. Untouchability refers to the discriminatory practice of considering certain castes or communities as "untouchable" or socially inferior based on traditional caste-based hierarchies, particularly within the Hindu social system. This practice results in social exclusion, marginalization, and denial of basic human rights to affected individuals and communities.

      Nature of the Problem:

      1. Caste-Based Discrimination: The caste system in India has traditionally categorized certain groups as "Scheduled Castes" (SCs) or "Dalits" (formerly known as "untouchables"), subjecting them to systemic discrimination and exclusion from social, economic, and political spheres. Dalits often face segregation, restricted access to public spaces, and discrimination in education, employment, and healthcare.

      2. Social Exclusion: Untouchability perpetuates social exclusion by enforcing social norms that isolate and marginalize certain communities. Dalits are often denied entry into temples, denied access to common water sources, and subjected to discriminatory treatment in various aspects of daily life.

      3. Violence and Abuse: Dalits are vulnerable to physical violence, sexual assault, and atrocities perpetrated by higher-caste individuals seeking to maintain social dominance and control. These incidents underscore the systemic nature of caste-based discrimination and the challenges faced by marginalized communities in seeking justice.

      4. Economic Marginalization: Dalits often experience economic marginalization due to limited access to resources, landlessness, and exploitative labor practices. Economic disparities perpetuate social inequalities and contribute to the cycle of poverty and deprivation among Dalit communities.

      Constitutional Response:

      The Constitution of India recognizes the severity of caste-based discrimination and untouchability and seeks to address these issues through various provisions and safeguards:

      1. Abolition of Untouchability (Article 17):
        Article 17 of the Indian Constitution explicitly abolishes untouchability in any form. It declares that the practice of untouchability is prohibited and imposes penalties for enforcing any disability arising from it. This constitutional provision represents a clear denouncement of caste-based discrimination and aims to eliminate untouchability from society.

      2. Reservation Policy (Articles 15(4), 16(4)):
        The Constitution provides for reservation of seats in educational institutions and public employment for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) to promote their social and educational advancement. Reservation policies aim to address historical disadvantages and promote representation of marginalized communities in governance and public institutions.

      3. Special Provisions for SCs and STs (Articles 46, 338-342):
        The Constitution includes special provisions for the welfare and empowerment of Scheduled Castes and Scheduled Tribes, including the establishment of the National Commission for Scheduled Castes and Scheduled Tribes to investigate and monitor issues related to their rights and safeguards.

      4. Anti-Discrimination Laws:
        The Protection of Civil Rights Act, 1955, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, provide legal protections against caste-based discrimination and atrocities targeting Dalits. These laws aim to prevent and punish offenses committed against individuals belonging to marginalized communities.

      Despite constitutional safeguards and legal protections, challenges remain in effectively addressing the problem of untouchability and social exclusion in India. Implementation gaps, social attitudes, and deep-rooted caste prejudices continue to hinder the realization of constitutional ideals of equality and social justice. Efforts to combat untouchability require comprehensive strategies that combine legal reforms, social awareness campaigns, affirmative action programs, and inclusive development initiatives to dismantle caste-based discrimination and ensure the full inclusion and empowerment of marginalized communities. Ongoing advocacy and collective action are essential to advance social change and promote human dignity for all individuals regardless of caste or social status.

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