What are the constitutional provisions with respect to untouchability

 Article 17 notes that “Untouchability” is eliminated, and that its existence is forbidden in some manner. The violation of any condition that results from “Untouchability” shall be an offence punished by statute.

Meaning of Untouchability:

Though, Article 17 of the Constitution, meant to eliminate the tradition of untouchability, does not describe the word ‘untouchability’ nor is it specified elsewhere in the Constitution. 

The Court provided a wider definition of the term ‘untouchability’ according to Article 17 of the Constitution.

The Court noted that ‘untouchability’ should not be taken in the strict sense under Article 17 of the Constitution but should be interpreted as a tradition which has existed and evolved in India.

In Jai Singh vs. Union of India case Rajasthan High Court and Devrajiah vs B. Padmana case of Madras High Court defined the word untouchability.

The court said that the word ‘Untouchability’ is is not to be taken by its literal or grammatical interpretation. The meaning of the word is to be derived from historical development and historical practices.

Untouchability refers to the social disability imposed on certain classes of a person because of their birth in a specific backward class. Hence, it does not cover any social boycott of a few individuals or their exclusion from religious services, etc.

Therefore the word untouchability in article 17 only means ‘Caste-based untouchability’.

The Untouchability Offences Act of 1955

The Untouchability Offences Act 1955, which includes punishment for untouchability.But later the government realised that all the provisions and punishment defined under this Act were inadequate. Therefore in the year 1965, a committee was set up to revise this Act. This committee was known as ‘Committee on Untouchability – Economic and Educational Development of Scheduled Caste’. This committee came up with multiple recommendations and in the year 1976, all the recommendations were included, and the previous Act of 1955 was incorporated as ‘The Civil Rights Protection Act 1955’.

Conclusion:

Though untouchability is abolished by law, it did not get reflected in our social hierarchy where practice untouchability in some or the other form people still practice untouchability. A serious change in our traditional outlook is warranted to tackle this menace. We should realize that HUMANITY COMES BEFORE ANY RELIGION OR CASTE. The belief of untouchability has been divided our society and denied basic rights to lower caste which hampered the development of these communities and nation as whole. Government and individual has the responsibility to promote the above said provisions to establish casteless society, strive for overall development of the nation.