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You are the Judge · Q1

Q.Dalit men refused customary foot-washing at upper-caste wedding, 4 women beaten, 1 paraded naked. Does this violate Fundamental Rights? What would you order government to do?

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This situation is a clear Fundamental Rights violation -- caste-based exclusion from a customary

ceremony is untouchability under Article 17, and the assault on the women adds a serious violation

of personal liberty and bodily dignity under Article 21. As judge, the order should combine

criminal accountability for the assailants with a directive protecting the victims and preventing

recurrence.

The refusal to allow Dalit men to perform the customary foot-washing ritual is a textbook instance of

untouchability-linked caste discrimination, which Article 17 abolishes "in any form," making its

practice punishable by law; it also falls within Article 15's prohibition on discrimination based on

caste. The subsequent assault on four women, including one who was paraded naked, is a grave and

separate violation -- it attacks their right to life and personal liberty with dignity under Article

21, and amounts to serious criminal offences (assault, sexual harassment/outraging modesty, unlawful

confinement, and public humiliation) under ordinary criminal law, in addition to being a Fundamental

Rights matter.

As the judge in this case, an appropriate order would: direct the police to register and pursue

criminal charges against the assailants under the relevant provisions of the IPC and the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, since this Act was specifically enacted to

address exactly this pattern of caste-based violence and humiliation; direct the state to provide

immediate protection, medical care, and compensation to the victims; and direct the local …

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