Cecily Zamora
Untouchability is a form of social exclusion and discrimination against individuals and groups based on their caste and occupation. While the concept of untouchability is largely associated with the treatment of Dalit communities in India, similar practices have been observed in other parts of the world, including Japan, Korea, and Tibet. The practice of untouchability has been recognised as a grave crime by the Indian Constitution, with Article 17 specifically abolishing it and making it a punishable offence. Despite legal efforts to eradicate untouchability, the deep-rooted caste system and social biases continue to pose challenges in completely eliminating this discriminatory practice, especially in rural and semi-urban areas.
| Characteristics | Values |
|---|---|
| Country | India |
| Legal Status | Outlawed by Article 17 of the Indian Constitution in 1950 |
| Enforceability | Difficult to enforce; still prevalent in rural India |
| International Pressure | US House of Representatives and European Union passed resolutions condemning untouchability |
| Religious Status | Recognised as a social evil associated with Hinduism |
| Religious Leaders' Views | Opposed by Mahatma Gandhi, Dr Bhimrao Ambedkar, and other reformers |
| Religious Alternative | Gandhi tolerated untouchables converting to Islam or Christianity |
| Caste System | Bottom of the caste hierarchy; "Dalits" meaning "broken people" |
| Discrimination | Physical or social boycott, demeaning jobs, exclusion from educational institutions |
| Reservation System | Introduced to ensure Dalits are not denied entry into educational institutions and government jobs |
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What You'll Learn
The Indian Constitution and Untouchability
Untouchability is a social institution that legitimises discriminatory, humiliating, exclusionary, and exploitative practices against people from certain social groups. The term is most commonly associated with the treatment of Dalit communities in the Indian subcontinent, who were considered "polluting" and were subjected to segregation and exclusion from religious and social practices. The concept of untouchability is largely unique to South Asia, with comparable forms of discrimination found in other parts of the world.
The Indian Constitution recognises untouchability as a grave crime and has dedicated articles to abolishing this practice and empowering Dalits. Part III of the Constitution, which deals with Fundamental Rights, includes Article 14, ensuring equality before the law and equal protection of the law within India. Article 15 prohibits the state from discriminating against any citizen based on religion, race, caste, sex, or place of birth. Article 17, added to address untouchability, abolishes the practice and makes its enforcement punishable by law. This article aims to empower Dalits and promote equality and social justice.
The Indian Constitution also includes provisions for the reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People and State Legislative Assemblies, ensuring their representation in governance. Additionally, there are measures for equality of opportunity in public employment, with Article 16 guaranteeing equality for all citizens and prohibiting discrimination based on caste or place of birth. These constitutional measures reflect the country's commitment to eradicating untouchability and promoting social inclusion.
Despite these constitutional provisions, untouchability still persists in India, especially in rural and semi-urban areas. The European Union, in 2007, passed a resolution stating that India's enforcement of laws to protect Dalits was inadequate, and that atrocities, untouchability, illiteracy, and inequality of opportunity continued to affect their lives. While legal provisions have helped reduce untouchability, particularly in urban areas, there is still work to be done to eliminate it completely.
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Historical attempts to abolish Untouchability
Untouchability, a form of social exclusion, has been practised for a long time in South Asian countries like India, Nepal, and Pakistan. It is based on the Indian caste system, where people belonging to the lower caste are subjected to discrimination and expected to do demeaning jobs. The term Dalit, which refers to untouchables, means 'broken' or 'despised' in Sanskrit.
The practice of untouchability was legally abolished in India in 1950, with the adoption of Article 17 in the Indian Constitution. This was a result of the tireless efforts of social activists like Jyotirao Phule, Savitribai Phule, Mahatma Gandhi, and Dr B. R. Ambedkar. Gandhi and Ambedkar had differing views on how to address the issue, with Gandhi wanting to abolish untouchability and Ambedkar seeking to eradicate the caste system itself. Despite the legal ban, prejudice, discrimination, segregation, and violence against Dalits and other lower-caste groups persist in India.
In Nepal, the government legally abolished the caste system and criminalised any form of caste-based discrimination, including untouchability, in 1963. This move was intended to address the various forms of discrimination faced by people belonging to lower castes.
While the abolition of untouchability in India and Nepal was a significant step towards equality, it is important to recognise that the journey towards true equality is ongoing. The deep-rooted structures of caste-based discrimination continue to perpetuate inequality and require a multifaceted approach that combines legal action, community-driven change, and robust advocacy to dismantle them.
The struggle against caste-based discrimination is not limited to South Asia. Similar forms of discrimination have been observed in other parts of the world, including Japan, Tibet, and Korea, as well as in Europe and Yemen. The concept of untouchability, or the exclusion and exploitation of certain social groups, is a global human rights concern that requires solidarity and commitment to dismantling structures of oppression everywhere.
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The persistence of Untouchability in modern India
Untouchability is a form of social exclusion practised by upper-caste communities that target people from lower-caste communities. It is a discriminatory practice that is unique to South Asia, particularly India, where it is largely associated with the treatment of Dalit communities, who are considered "polluting". Despite being outlawed in the Indian constitution, untouchability persists in modern India due to various factors.
Firstly, the persistence of untouchability can be attributed to deeply ingrained societal attitudes and the lack of effective enforcement of the legal ban. Religious beliefs and practices have often been manipulated to justify caste discrimination, with some viewing lower castes as "polluted" and avoiding contact to maintain their purity. This notion of "purity" and "pollution" is deeply rooted in religious and social insecurities and has led to the exclusion and exploitation of Dalits.
Secondly, economic dependence plays a role in the persistence of untouchability. Lower castes often rely economically on upper castes, making it challenging for them to assert their rights and stand up against discrimination. This dynamic is particularly evident in lower-paying jobs, where Dalits work on land owned by upper castes, perpetuating economic disparities and limiting opportunities for lower castes.
Furthermore, the fear of violence and intimidation from upper castes makes it difficult for Dalits to demand their rights and oppose discrimination. They may face violence for entering temples or refusing certain demeaning jobs associated with their caste. Lower castes also face limited access to legal avenues due to a lack of awareness of their rights, inadequate legal representation, and corruption within the justice system.
Additionally, prejudice and discrimination against lower castes are often passed down through generations and reinforced by cultural practices. Specific ceremonial duties for Dalits and restrictions on sharing food and water further marginalise them in society. The persistence of untouchability leads to social exclusion, denying lower castes the right to fully participate in various aspects of life, including education and economic opportunities.
While untouchability has declined in urban areas, it remains prevalent in rural India, with upper-caste individuals feeling that reservation systems have reduced their chances of securing educational and job opportunities. The root cause of the caste system and the associated discrimination and inequalities it creates, therefore, persist in modern India despite legal and social efforts to eradicate it.
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International perspectives on Untouchability
Untouchability is a term most commonly associated with the treatment of Dalit communities in the Indian subcontinent, who were considered "polluting" and subjected to discrimination and ostracization. However, the concept of untouchability is not unique to India and has been observed in other countries and cultures as well. Here is an overview of international perspectives on untouchability:
Japan
In Japan, the Burakumin community has faced similar discrimination and social exclusion as the Dalits in India. They were considered "untouchable" due to their association with "unclean" occupations such as slaughtering animals and working with leather. The Burakumin community has historically been segregated and marginalized, facing prejudice and social stigma similar to that experienced by untouchable castes in India.
Korea
The Baekjeong community in Korea has also been labeled as "untouchable" and faced social ostracization. They were traditionally engaged in occupations that were considered polluting or impure, such as butchery and leatherwork. As a result, they were subjected to discrimination and exclusion from mainstream society, similar to the experiences of untouchable castes in other parts of the world.
Tibet
In Tibet, the Ragyabpa community has been identified as "untouchable" and faced social marginalization. They were often associated with occupations that were considered polluting, such as butchery and manual labor involving bodily fluids. The Ragyabpa community has experienced discrimination and exclusion, reflecting the broader global phenomenon of untouchability based on caste and occupation.
Europe
The concept of untouchability is not limited to Asian countries and has been observed in Europe as well. The Romani people, also known as Gypsies, have faced social exclusion and discrimination throughout European history. They were often stereotyped as nomadic, uneducated, and engaged in occupations that were considered impure or polluting. While the specific terms and contexts differ, the underlying principles of exclusion and discrimination based on caste or occupation resonate with the broader understanding of untouchability.
Yemen
In Yemen, the Al-Akhdam community has been labeled as "untouchable" and faced social marginalization. They were historically associated with occupations that were considered impure or polluting, such as manual scavenging and cleaning. The Al-Akhdam community has experienced discrimination and exclusion, reflecting the global prevalence of untouchability practices that perpetuate social and economic inequalities.
It is important to recognize that the term "untouchable" may not be universally accepted or used by the communities themselves. Each community's experiences and perspectives on untouchability are unique, shaped by their specific historical, cultural, and social contexts.
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Legal repercussions of practicing Untouchability
Untouchability is a form of social exclusion and discrimination against individuals and groups based on their caste and occupation. It is a practice that has been prevalent in South Asian countries, particularly India, where it is associated with the treatment of Dalit communities, who are considered "polluting" and are subjected to inhuman treatment. The concept of untouchability is not limited to India, as it also exists in other countries like Japan, Tibet, and Korea, with similar forms of discrimination found worldwide.
The practice of untouchability has been recognised as a grave crime by the Indian Constitution, which includes dedicated articles to protect the rights of those affected. Article 17 of the Indian Constitution, which came into force on June 1, 1955, explicitly abolishes untouchability and prohibits its practice in any form. It states that anyone practising untouchability shall be liable and punished by law, regardless of caste, colour, or creed. This article played a crucial role in paving the way for opportunities and social equality for oppressed classes.
The legal repercussions for practising untouchability in India can result in punishment by the court without exception. The Indian government has also implemented a reservation system to ensure that Dalits are not denied access to educational institutions, government jobs, and other opportunities due to their social and economic conditions. Despite these measures, untouchability and caste-based discrimination persist in India, particularly in rural and semi-urban areas.
In addition to India's efforts, the European Union passed a resolution in 2007, calling on the Indian government to end caste-based discrimination and address issues such as atrocities, untouchability, illiteracy, and inequality of opportunity faced by Dalits. Similarly, the US House of Representatives passed a concurrent resolution in 2007, condemning the caste system and untouchability in India. These international efforts reflect the ongoing struggle to eradicate the practice of untouchability and promote equality.
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Frequently asked questions
Untouchability is a form of social exclusion practised by upper-caste communities that target people from lower-caste communities. It is based on the Indian caste system and has also been observed in other countries like Japan, Tibet, and Korea.
No, untouchability is not legal. It is recognised as a grave crime by the Indian Constitution and is punishable by law. Article 17 of the Constitution, which came into force on June 1, 1955, specifically aims to empower Dalits and makes untouchability a punishable offence.
If a person is found practising untouchability, they will be punished by the court without exception. The European Union passed a resolution in 2007, calling on the Indian government to end caste-based discrimination and acknowledging the gross inadequacy of India's enforcement of laws to protect Dalits.
People who are considered untouchables are subjected to various forms of discrimination and are expected to do demeaning jobs. They may be denied access to public property such as religious places, educational institutions, and even basic necessities like drinking water. In one instance, tea shop vendors in Karnataka were arrested for serving tea in different types of cups to caste Hindus and Dalits.
Being an untouchable is an identity that is determined at birth and is not something that one formally becomes. Historically, people born into the lowest castes, those doing menial jobs, criminals, and people suffering from contagious diseases were considered untouchables. Some Hindus even converted to other religions to escape their fate, but their untouchability followed them.
