Justice Nagarathna’s Statement on Untouchability

In 2024, Justice Nagarathna of the Supreme Court of India remarked that "there can’t be three-day untouchability every month," highlighting the recurring and systemic violation of constitutional safeguards against untouchability. This statement was made during a hearing on atrocities against Scheduled Castes (SCs), underscoring the persistence of caste-based discrimination despite existing legal frameworks. It draws attention to the failure in enforcement of laws such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (POA Act) and the Protection of Civil Rights Act, 1955 (PCR Act), which criminalize untouchability and related atrocities.

Constitutional and Legal Framework Against Untouchability

Article 17 of the Constitution explicitly abolishes untouchability and forbids its practice in any form. The POA Act, 1989 supplements this by defining specific acts of untouchability and atrocities against SC/ST communities, particularly under Sections 3 and 4, which criminalize acts such as social and economic boycott, denial of access to public places, and physical violence. The PCR Act, 1955 also criminalizes untouchability practices, focusing on social boycott and denial of rights. The Supreme Court’s landmark judgment in State of Karnataka v. Appa Balu Ingale (1993) reinforced a strict interpretation of the POA Act, emphasizing zero tolerance for caste-based atrocities.

• Article 17 abolishes untouchability and its enforcement is a fundamental right.
• POA Act Sections 3 and 4 define untouchability and prescribe stringent punishments.
• PCR Act Sections 3 and 4 criminalize denial of access and social boycott.
• State of Karnataka v. Appa Balu Ingale (1993) mandates strict enforcement and interpretation of POA Act.

Economic Impact of Untouchability and Caste Discrimination

The Ministry of Social Justice and Empowerment allocated approximately INR 35,000 crore for Scheduled Castes welfare schemes in 2023-24, reflecting government commitment to economic upliftment. However, caste-based discrimination continues to cause economic marginalization. The Economic Survey 2023 estimates a 2-3% GDP loss due to underutilization of human capital from caste exclusion. The NFHS-5 (2019-21) data shows SC/ST households earn on average 30% less than general category households, and face a 10% higher unemployment rate, indicating persistent economic disparities linked to social discrimination.

• INR 35,000 crore budget allocated for SC welfare in 2023-24 (MoSJE).
• Caste discrimination causes 2-3% GDP loss (Economic Survey 2023).
• SC/ST households earn 30% less than general category (NFHS-5).
• Unemployment among SC communities is 10% higher than national average.

Institutional Framework and Enforcement Challenges

Key institutions involved in combating untouchability include the National Commission for Scheduled Castes (NCSC), which monitors atrocities and recommends policy measures; the Ministry of Social Justice and Empowerment (MoSJE), which formulates and implements welfare schemes; the National Human Rights Commission (NHRC), which addresses human rights violations including caste discrimination; and State-level Scheduled Castes and Scheduled Tribes Protection Cells, responsible for enforcement of the POA Act. The Supreme Court adjudicates constitutional and legal disputes related to untouchability.

Despite this framework, enforcement gaps persist. The National Crime Records Bureau (NCRB) 2022 reported 44,000 cases of atrocities against SC/ST, but the conviction rate stands at a mere 25%. The PCR Act has an even lower conviction rate, below 10% over the last decade. A 2023 Ministry of Social Justice report found only 40% of allocated funds for SC welfare were fully utilized by states, reflecting administrative and political bottlenecks.

• NCSC monitors atrocities and recommends policy reforms.
• MoSJE allocates funds and implements welfare schemes.
• NHRC investigates human rights violations including caste discrimination.
• State SC/ST Protection Cells enforce POA Act locally.
• Conviction rate for atrocities cases is only 25% (NCRB 2022).
• Less than 10% conviction under PCR Act in last decade.
• Only 40% of SC welfare funds utilized by states (2023 report).

Data on Social Discrimination and Educational Impact

The NFHS-5 (2019-21) survey indicates 15% of SC respondents reported discrimination in public places, highlighting ongoing social exclusion. Educationally, a 2022 study by the Centre for Equity Studies found over 60% of SC students drop out before completing secondary education, mainly due to discrimination and lack of support. These figures reveal the systemic nature of untouchability beyond legal violations, affecting social mobility and human capital development.

Comparative Perspective: India and South Africa

India’s legal framework against caste discrimination can be compared with South Africa’s post-apartheid policies. South Africa’s Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA), 2000 integrates legal prohibition with social reforms, resulting in a 35% reduction in reported discrimination cases over a decade. This demonstrates the effectiveness of combining strong legal instruments with social accountability and awareness campaigns, an area where India’s enforcement mechanisms lag.

Implementation Gaps and Enforcement Challenges

Despite robust laws, the enforcement of anti-untouchability provisions is hindered by several factors: inadequate sensitization of police and judiciary leads to victim-blaming and delayed justice; socio-political pressures often result in underreporting or manipulation of cases; lack of victim support mechanisms discourages reporting; and poor fund utilization limits welfare impact. These gaps perpetuate impunity and allow untouchability practices to continue, as highlighted by Justice Nagarathna’s observation.

Way Forward: Strengthening Enforcement and Social Accountability

• Mandatory sensitization and training programs for police, judiciary, and public officials on caste discrimination and legal provisions.
• Improved victim support systems including legal aid, protection, and rehabilitation to encourage reporting and reduce dropouts.
• Enhanced monitoring and accountability mechanisms for fund utilization at state and district levels.
• Community engagement and awareness campaigns to change social attitudes and reduce stigma.
• Judicial activism to ensure strict adherence to POA and PCR Acts, with fast-track courts for atrocity cases.

Mains Question

Critically analyse the challenges in enforcement of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and suggest measures to enhance its effectiveness in eradicating untouchability practices in India.