Constitutional and legal safeguards against untouchability
Despite constitutional and legal safeguards, untouchability continues to persist in subtle forms. Discuss the measures to eradicate it and the challenges involved.
Model Answer
Introduction
- Article 17 abolishes untouchability, reflecting the constitutional commitment to equality, dignity and fraternity.
Safeguards
- Article 17: Abolishes untouchability and makes its practice punishable.
- Article 15(2): Ensures equal access to public places and facilities.
- PCR Act, 1955: Penalises practices arising from untouchability.
- SC/ST PoA Act, 1989: Provides stringent penalties and Special Courts.
- Article 338: NCSC monitors safeguards for Scheduled Castes.
- Manual Scavenging Act, 2013: Ends caste-linked hazardous sanitation work.
- RPA, 1951: Provides electoral disqualification for relevant convictions.
Challenges
- Definitional gap → newer forms of caste exclusion remain difficult to prosecute.
- Economic dependence → discourages victims from reporting discrimination.
- Under-reporting + social stigma → hides the actual scale.
- Judicial delays → weaken deterrence and witness participation.
- Persistent social practices → segregation, social boycotts and purity-based discrimination.
Way Forward
- Effective enforcement + time-bound justice + economic empowerment + mechanisation of sanitation + social awareness + inter-caste integration.
Conclusion
Legal safeguards must be complemented by social and economic transformation to convert constitutional equality into lived equality and dignity.