Untouchables And Lawbreakers: What Are The Consequences?

Untouchability is a form of social discrimination that legitimises practices that are humiliating, exclusionary, and exploitative against certain social groups. The term is most commonly associated with the treatment of Dalit communities in the Indian subcontinent, who are considered polluting and are forced to live outside the boundaries of villages. Despite being outlawed in India, Nepal and Pakistan, untouchability continues to be a prevalent issue, with instances of prejudice against Dalits still occurring in some rural areas. While the specific consequences are not explicitly stated, it can be inferred that if an untouchable breaks the law, they may face even more severe punishments and social ostracisation.

Punishment for breaking the law

In the Indian caste system, untouchables, or Dalits, are those whose occupations involve activities that are considered ritually "polluting" by Hindu society, such as manual scavenging or working with dead animals. Untouchability has been outlawed in India, Nepal, and Pakistan, but instances of prejudice and violence against Dalits still occur in some rural areas.

• Social ostracism, ridicule, and harassment, which can drive individuals to suicide.
• Prohibition from eating with other caste members or using the same utensils.
• Segregated seating and food arrangements at village functions and festivals.
• Prohibition from entering temples and other places of public worship.
• Prohibition from wearing sandals or holding umbrellas in front of higher-caste members.
• Prohibition from entering other caste homes or using common village paths.
• Separate burial or cremation grounds.
• Exclusion from accessing common resources such as wells, ponds, and temples.
• Segregated seating for children in schools.
• Social boycotts for refusing to perform duties associated with their caste.

While the practice of untouchability has been legally abolished in India, Nepal, and Pakistan, the enforcement of these laws and the protection of Dalits' rights remain challenging.

Law enforcement

Untouchability, a form of social discrimination, is largely unique to South Asia, with the term most commonly associated with the treatment of Dalit communities in the Indian subcontinent. In 1950, the Indian government legally abolished the practice of untouchability and provided measures for affirmative action in educational institutions and public services for Dalits and other social groups within the caste system. Despite this, instances of prejudice against Dalits still occur in some rural areas.

In the context of law enforcement, the abolition of untouchability in India means that any practices of discrimination or violence against Dalits and other formerly untouchable castes are illegal. This includes any physical violence or denial of access to public spaces, resources, and services. Law enforcement officers are responsible for upholding the law and ensuring that members of formerly untouchable castes are protected from any form of discrimination or abuse. This may include investigating and prosecuting cases of caste-based discrimination, enforcing affirmative action measures, and ensuring equal access to public services and resources.

In addition to national laws, some states in India have also implemented their own measures to protect the rights of formerly untouchable castes. For example, the state of Kerala has introduced measures to provide reservations in education and government jobs for members of these castes. Law enforcement officers at the state level would be responsible for upholding and enforcing these additional measures.

To effectively enforce laws against untouchability, law enforcement officers may need to develop specific strategies and protocols for responding to reports of caste-based discrimination. This could include sensitization training on caste-based issues, establishing dedicated helplines or reporting mechanisms, and collaborating with community organizations to build trust and encourage reporting.

Overall, the abolition of untouchability in India has significant implications for law enforcement, requiring them to actively protect the rights and safety of members of formerly untouchable castes and ensure equal treatment under the law.

Social exclusion

Untouchables are often forced to live outside the boundaries of villages and are not allowed to enter temples or come near sources of drinking water used by other castes. They face restrictions on eating and using the same utensils as people from other castes, and they are prohibited from wearing sandals or holding umbrellas in front of higher-caste members. These restrictions vary from place to place, but they all contribute to the social exclusion of untouchables.

The social exclusion of untouchables extends beyond spatial segregation. They are prohibited from entering the homes of other castes, using common village paths, and accessing public properties and resources such as wells, ponds, and temples. Even in schools, children from untouchable castes face segregation, with separate seating areas designated for them.

The social exclusion of untouchables also takes the form of social boycotts and ostracism. Untouchables who refuse to perform their assigned "duties" or challenge the caste system may be ostracised, ridiculed, harassed, or even driven to suicide. The caste system, particularly in rural areas, enforces these exclusionary practices, legitimising and perpetuating discrimination against untouchables.

The term "untouchable" is most commonly associated with the treatment of Dalit communities in the Indian subcontinent. However, similar practices of exclusion and discrimination have been observed among other groups worldwide, such as the Burakumin of Japan, the Baekjeong of Korea, and the Al-Akhdam in Yemen. While untouchability has been outlawed in countries like India, Nepal, and Pakistan, the social exclusion and marginalisation of these communities persist, requiring continued efforts for social inclusion and equality.

Caste-based discrimination

In the context of the caste system, "untouchables" are those who are not considered a part of the varna system and are therefore not afforded the same treatment as the savarnas (Brahmins, Kshatriyas, Vaishyas, and Shudras). Untouchables are typically associated with occupations and habits of life that involve ritually "polluting" activities, such as fishing or manual scavenging.

The specific practices associated with untouchability vary from place to place but often include prohibitions from:

• Eating with members of other castes
• Using the same utensils as members of other castes
• Entering places of worship
• Wearing sandals or holding umbrellas in front of higher-caste members
• Entering the homes of other castes
• Using common village paths
• Accessing common/public properties and resources such as wells, ponds, and temples
• Attending schools with children from other castes

Despite being outlawed in countries like India, Nepal, and Pakistan, instances of prejudice and violence against untouchables, also known as Dalits, still occur in some rural areas. In response, governments have taken steps to abolish the caste system and criminalize caste-based discrimination. For example, the 1950 national constitution of India legally abolished the practice of untouchability and provided affirmative action measures for Dalits in educational institutions and public services.

The origin of untouchability is still debated among scholars, with theories ranging from the development of class stratification in urban areas to the influence of religious Hindu texts.

Criminalisation of caste-based discrimination

The criminalisation of caste-based discrimination has been a long-standing issue, with the practice of "untouchability" being outlawed in India, Nepal and Pakistan. However, caste-based discrimination remains prevalent, particularly in rural areas, and has even spread to the South Asian diaspora. Despite constitutional guarantees and other national legislation banning caste discrimination, much of the legislation remains unenforced.

Nepal was the first country to abolish the caste system and criminalise caste-based discrimination, including "untouchability", in 1963. The country's 1990 constitution prohibits discrimination based on caste, religion, race, sex, and ideology. However, an exception was created for Hindu religious practices, allowing for the exclusion of Dalits from temples and rituals. Nepal has also committed to developing policies aimed at the social and economic advancement of the Dalit population.

In India, the practice of "untouchability" was constitutionally abolished in 1950, and the country's constitution provides measures for affirmative action in educational institutions and public services for Dalits and other lower castes. Despite this, instances of prejudice and violence against Dalits persist, particularly in rural areas, due to the rigid caste structure and lack of enforcement of legal protections. Caste-based discrimination in India takes many forms, including restrictions on access to public places, employment, education, and political representation. Dalits are also subject to social and economic boycotts, as well as acts of retaliatory violence for refusing to carry out caste-based tasks or defying the social order.

Caste discrimination has also been recognised in the United States, with Seattle becoming the first jurisdiction to add caste to its list of categories protected against discrimination in 2023. Caste discrimination may have been brought to the US by immigrants from India, Nepal, and other South Asian countries, with more than five million South Asians living in the country. While caste is not officially recognised by US federal law, it may be implicitly covered under anti-discrimination laws that name other categories, and it has been acknowledged as an issue in the US tech sector by a group of Dalit female engineers from prominent tech companies.

The criminalisation of caste-based discrimination is a complex issue that requires a combination of legal protections, enforcement of existing laws, and social reform to address the root causes of discrimination and prejudice.

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