Write a short note on the legal provisions against ‘untouchability’.
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Write a short note on the legal provisions against ‘untouchability’.
In India, untouchability, a practice rooted in the caste system, was officially abolished with the adoption of the Constitution in 1950. Legal provisions against untouchability were enacted to eradicate this discriminatory practice and promote social justice and equality. Some of the key legal provisions include:
Article 17 of the Indian Constitution: Article 17 explicitly abolishes untouchability and prohibits its practice in any form. It declares that the practice of untouchability is punishable by law and imposes penalties for enforcing it.
Protection of Civil Rights Act, 1955: This legislation provides for the enforcement of constitutional provisions abolishing untouchability. It defines untouchability offenses and prescribes penalties for their commission. The Act prohibits the practice of untouchability in public places, access to public services, and any form of social discrimination based on caste.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: This Act aims to prevent atrocities against Dalits and Scheduled Tribes and provides for special measures for their protection and welfare. It includes specific provisions addressing practices such as forced labor, sexual violence, and social boycotts inflicted upon Dalits.
Various State Legislation: Several states in India have also enacted laws to address untouchability and caste-based discrimination. These laws complement the national legislation and provide additional protection and remedies for victims of untouchability.
Judicial Pronouncements: Indian courts have played a significant role in interpreting and enforcing legal provisions against untouchability. Landmark judgments have upheld the constitutional rights of Dalits and affirmed the principle of equality before the law, setting precedents for combating caste-based discrimination.
Despite these legal provisions, the practice of untouchability persists in some parts of India, particularly in rural areas, where caste-based hierarchies remain deeply entrenched. Efforts to eradicate untouchability require not only legal interventions but also social awareness, education, and grassroots activism to challenge deep-rooted prejudices and promote social inclusion and equality for all.