The abolition of untouchability stands as one of India’s most important constitutional and social achievements. Although outlawed decades ago, its presence in society hasn’t fully disappeared. Understanding the legal safeguards, the historical context, and the ongoing challenges is vital—especially for law students, civil service aspirants, and anyone concerned with human rights.
What Is Untouchability and Why Was It Practised?
Untouchability refers to the social practice of discriminating against certain castes—mainly Dalits—by denying them access to public spaces, resources, and basic dignity. This system was rooted in the caste hierarchy of Hindu society. Those deemed “untouchable” were excluded from temples, schools, wells, and even roads used by upper castes. The practice ensured systemic denial of rights for generations.
Constitutional Provisions Against Untouchability
The Constitution of India firmly rejects untouchability. Article 17 declares, “Untouchability is abolished and its practice in any form is forbidden.” This article not only prohibits the act but also makes its enforcement the State’s responsibility. Parliament reinforced this directive through the Protection of Civil Rights Act, 1955, which penalises any attempt to enforce or justify untouchability.
The Constitution also promotes equality through Articles 14 (equality before law), 15 (prohibition of discrimination), and 21 (right to life with dignity). These provisions together create a strong legal foundation to combat caste-based discrimination.
Key Legislation: Protection of Civil Rights Act, 1955
This Act defines untouchability as a punishable offence. Any denial of access to shops, temples, water sources, or public conveniences based on caste invites legal action. The law punishes individuals, authorities, and institutions that support such discriminatory behaviour. Courts can impose both fines and imprisonment depending on the severity of the offence.
Over time, the law has been expanded to cover indirect practices and symbolic acts of discrimination as well. Still, implementation remains uneven across regions.
Scheduled Castes and the Prevention of Atrocities Act, 1989
Recognising that untouchability often leads to violent oppression, Parliament enacted the SC/ST (Prevention of Atrocities) Act. This law criminalises violence, social boycotts, humiliation, and denial of customary rights. It also provides for special courts, victim protection, and rehabilitation measures.
Together, Article 17, the Civil Rights Act, and the SC/ST Act form a three-layered legal framework to fight caste-based exclusion.
Judicial Interpretation and Activism
Indian courts have consistently upheld the abolition of untouchability. In State of Karnataka v. Appa Balu Ingale (1995), the Supreme Court called untouchability “a slur on the nation’s constitutional promise.” Courts have often expanded the scope of anti-discrimination protections by interpreting Article 21 as including the right to dignity, privacy, and equal participation in society.
Public Interest Litigations (PILs) have also played a major role in forcing the State to act when local authorities ignore caste atrocities.
Social Reform and the Role of Dr. B.R. Ambedkar
No discussion on the abolition of untouchability is complete without mentioning Dr. B.R. Ambedkar. A Dalit himself, Ambedkar fought relentlessly to end caste discrimination. As the Chairman of the Constitution Drafting Committee, he ensured that Article 17 found a place in the supreme law of the land.
He also urged social reformers to go beyond legal measures. In his view, changing the mindset of society mattered more than just punishing acts of discrimination.
Challenges That Remain Today
Despite strong laws, untouchability continues in hidden and indirect forms. Manual scavenging, honour killings, caste-based school segregation, and social boycotts still occur in many parts of India. Law enforcement often fails to act, and victims rarely receive full justice.
Legal abolition must be followed by social transformation. Education, media awareness, political mobilisation, and community activism all play critical roles in dismantling caste-based mindsets.
Conclusion: A Law Alone Cannot End Untouchability
The abolition of untouchability marks a historic legal and moral victory. Article 17 stands as a powerful promise of equality, but that promise must reach every street, classroom, and courtroom. Laws give strength to victims and hold oppressors accountable. However, true change will only happen when society sees all people as equals in both law and life.
