Forest Services
Justice Nagarathna’s Statement on Untouchability Practices
In April 2024, Justice Nagarathna of the Supreme Court of India publicly condemned the persistence of ritualistic untouchability practices occurring periodically, stating, "There can’t be three-day untouchability every month." This remark highlights the ongoing violation of constitutional safeguards despite Article 17 explicitly abolishing untouchability. The statement draws attention to the social reality where caste-based exclusion continues informally, undermining the constitutional promise of equality.
UPSC Relevance
- GS Paper 2: Polity and Governance – Constitutional provisions on untouchability, Scheduled Castes safeguards
- GS Paper 1: Social Issues – Caste discrimination and social exclusion
- Essay: Social justice and equality in contemporary India
Constitutional and Legal Framework Against Untouchability
Article 17 of the Constitution of India abolishes untouchability and forbids its practice in any form. The Protection of Civil Rights Act, 1955 (PCR Act) penalizes the enforcement of untouchability, specifically under Sections 3 and 4. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (POA Act) criminalizes acts of untouchability and related discrimination, with Sections 3 and 4 targeting social exclusion and humiliation.
- State of Karnataka v. Appa Balu Ingale (1993): Supreme Court reinforced that untouchability practices violate fundamental rights and must be strictly prohibited.
- Despite these provisions, conviction rates under the POA Act remain below 10%, reflecting enforcement challenges.
- Police sensitization and judicial delays contribute to weak implementation of anti-untouchability laws.
Economic Impact of Untouchability and Caste-Based Exclusion
Caste-based discrimination restricts economic opportunities for Scheduled Castes (SCs), who make up 16.6% of India’s population (Census 2011). The Ministry of Social Justice and Empowerment allocated approximately ₹45,000 crore for SC welfare in 2023-24, a 15% increase from the previous year. However, studies indicate that social boycotts and untouchability practices limit SC access to local markets and employment, perpetuating poverty.
- The World Bank estimates caste-based exclusion reduces India’s GDP by up to 4%, highlighting the macroeconomic cost.
- According to the Economic Survey 2023, SC employment in organized sectors remains below 10%, indicating persistent economic marginalization.
- NFHS-5 (2019-21) reports 28% of SC households face social exclusion in accessing public services, affecting livelihoods.
Institutions Addressing Untouchability and Caste Atrocities
Several institutions play critical roles in combating untouchability:
- Supreme Court of India: Adjudicates constitutional violations and interprets anti-untouchability laws.
- National Commission for Scheduled Castes (NCSC): Monitors implementation of safeguards and investigates atrocities.
- Ministry of Social Justice and Empowerment: Formulates policies and allocates funds for SC welfare.
- State Scheduled Castes Welfare Departments: Implement anti-untouchability measures at the state level.
- National Crime Records Bureau (NCRB): Collects data on crimes against SCs, including untouchability offenses.
According to NCRB 2022 data, 45,935 cases were registered under the POA Act, with a 5% annual increase over the past five years, indicating persistent caste-based atrocities.
Comparative Perspective: South Africa’s Anti-Discrimination Framework
South Africa’s Promotion of Equality and Prevention of Unfair Discrimination Act (2000) explicitly criminalizes caste-like discrimination. Within a decade, reported cases of social exclusion decreased by 30%, attributed to a comprehensive legal framework combined with social awareness campaigns.
| Aspect | India | South Africa |
|---|---|---|
| Legal Provision | Article 17, PCR Act (1955), POA Act (1989) | Promotion of Equality and Prevention of Unfair Discrimination Act (2000) |
| Conviction Rate | Less than 10% under POA Act | Higher conviction rates due to specialized tribunals |
| Social Awareness | Limited, with periodic social boycotts persisting | Extensive campaigns reducing social exclusion |
| Impact on Social Exclusion | Increasing NCRB cases, 5% annual rise | 30% reduction in 10 years |
Enforcement Gaps and Social Realities
Despite constitutional safeguards, untouchability persists due to weak enforcement, low conviction rates, and social acceptance of caste hierarchies. Informal practices, such as periodic social boycotts, continue unchecked. Police and judiciary often lack adequate sensitization, and victims face social and economic pressures that discourage reporting.
- Low conviction rates under the POA Act (<10%) reduce deterrence.
- Social acceptance of caste discrimination normalizes untouchability rituals.
- Periodic untouchability, as highlighted by Justice Nagarathna, reflects ritualized exclusion rather than isolated incidents.
Way Forward: Strengthening Legal and Social Measures
- Enhance police training and judicial sensitization on caste atrocities to improve investigation and prosecution.
- Increase funding for awareness campaigns targeting caste discrimination and untouchability practices.
- Strengthen monitoring mechanisms of NCSC and state welfare departments for timely intervention.
- Promote economic inclusion through targeted employment schemes to reduce social exclusion.
- Encourage community-led social reforms to dismantle caste hierarchies and untouchability rituals.
- The PCR Act criminalizes the practice of untouchability.
- The Act provides for the establishment of special courts for trial of offences under it.
- The PCR Act was enacted after the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Which of the above statements is/are correct?
- Article 17 abolishes untouchability and forbids its practice in any form.
- Article 17 applies only to Scheduled Castes and not to Scheduled Tribes.
- Article 17 is a fundamental right under the Constitution.
Which of the above statements is/are correct?
Jharkhand & JPSC Relevance
- JPSC Paper: Paper 2 – Governance and Social Justice
- Jharkhand Angle: Jharkhand has a significant Scheduled Caste population facing social exclusion; cases under the POA Act are reported regularly.
- Mains Pointer: Highlight state-level implementation gaps, role of Jharkhand SC Welfare Department, and local social reform efforts.
What does Article 17 of the Indian Constitution state?
Article 17 abolishes untouchability and forbids its practice in any form. It is a fundamental right under Part III of the Constitution, ensuring no person is subjected to untouchability.
What is the difference between the PCR Act and the POA Act?
The PCR Act, 1955 penalizes the practice of untouchability, focusing on civil rights protection. The POA Act, 1989 is more comprehensive, criminalizing atrocities and discrimination against SCs and STs, with stricter punishments and special courts.
Why is enforcement of anti-untouchability laws weak in India?
Enforcement is weak due to low conviction rates (below 10%), inadequate police sensitization, social acceptance of caste hierarchies, and victims’ reluctance to report due to fear of social boycott.
What role does the National Commission for Scheduled Castes (NCSC) play?
The NCSC monitors the implementation of constitutional safeguards for SCs, investigates atrocities, recommends policy measures, and ensures rights protection against untouchability and discrimination.
How does caste-based exclusion impact India’s economy?
Caste-based exclusion limits SC access to markets and employment, reducing productivity and GDP by an estimated 4% (World Bank). It perpetuates poverty and economic marginalization of SC communities.