Q.What constitutional provisions and special laws seek to end untouchability and to protect the Scheduled Castes and Scheduled Tribes?

The Indian Constitution explicitly prohibits untouchability and provides a framework for the protection and upliftment of Scheduled Castes and Scheduled Tribes.

Key constitutional provisions include:

• Article 17 directly abolishes "Untouchability" and forbids its practice in any form. The enforcement of any disability arising out of "Untouchability" is an offence punishable in accordance with law.
• Article 15 prohibits discrimination against any citizen on grounds of religion, race, caste, sex, or place of birth, which includes discrimination based on caste.
• Article 46 mandates the State to promote with special care the educational and economic interests of the weaker sections of the people, especially the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.
• Provisions for reservation of seats in legislative bodies (Articles 330, 332) and in public employment (Article 335) ensure their representation and participation.

In addition to these constitutional safeguards, specific laws have been enacted: …

Untouchability, a deeply entrenched social practice rooted in the historical caste system of India, subjected certain communities to severe discrimination, exclusion, and indignity. It denied them basic human rights, access to public spaces, and opportunities, relegating them to the lowest rung of society. Recognizing the profound injustice and societal harm caused by this practice, the framers of the Indian Constitution made its abolition and the protection of historically marginalized communities a cornerstone of the new republic.

The Constitution of India, adopted in 1950, laid a robust framework to eradicate untouchability and ensure justice and equality for Scheduled Castes (SCs) and Scheduled Tribes (STs).

Constitutional Provisions

The Constitution addresses untouchability and the protection of SCs and STs through several key articles:

• Article 17: Abolition of Untouchability

  This is the most direct and significant provision. It unequivocally abolishes "Untouchability" and forbids its practice in any form. The enforcement of any disability arising out of "Untouchability" is declared an offence punishable in accordance with law. This article is unique because it is an absolute prohibition and makes the practice a criminal offense, directly targeting a social evil.

• Article 14: Equality Before Law

  This article guarantees that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. This general principle of equality forms the basis for challenging any discriminatory practice, including those related to untouchability.

• Article 15: Prohibition of Discrimination

  This article prohibits discrimination against any citizen on grounds only of religion, race, caste, sex, or place of birth.

  • Article 15(2) specifically states that no citizen shall be subjected to any disability, liability, restriction, or condition with regard to access to shops, public restaurants, hotels, and places of public entertainment, or the use of wells, tanks, bathing ghats, roads, and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. This directly counters the historical exclusion faced by victims of untouchability.
  • Article 15(4) empowers the State to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. This provision enables affirmative action, such as reservations.

• Article 16: Equality of Opportunity in Public Employment

  This article guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

  • Article 16(4) allows the State to make any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. This is the basis for reservations for SCs and STs in government jobs.

• Article 46: Promotion of Educational and Economic Interests

  Falling under the Directive Principles of State Policy, this article mandates that the State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. While not directly enforceable, it guides the State in policy formulation.

• Articles 330 and 332: Reservation of Seats in Legislatures

  These articles provide for the reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha (House of the People) and the Legislative Assemblies of the States, respectively. This ensures their political representation.

• Article 335: Claims of SCs and STs to Services and Posts

  This article states that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.

• Articles 338 and 338A: National Commissions

  • Article 338 provides for a National Commission for Scheduled Castes (NCSC) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under the Constitution or under any other law, and to evaluate the working of those safeguards.
  • Article 338A establishes a similar National Commission for Scheduled Tribes (NCST) with identical functions for the Scheduled Tribes. These commissions play a crucial role in protecting and promoting the interests of these communities.

Special Laws

To give effect to these constitutional provisions, particularly Article 17, and to provide stronger legal protection, specific laws have been enacted by the Parliament:

• The Protection of Civil Rights Act, 1955 …