UNTOUCHABILITY

Untouchablity in simple terms can be understood as a practice whereby a

particular class or caste of persons are discriminated with on the ground
of their being born in that particular caste or on the ground of their being
members of those social groups involved in menial jobs. The
discrimination can be in the form of physical or social boycott from the
society. For instance: the members of so-called higher castes such as
Brahmin, Kshatriyas etc would not dine or sit with a person of lower class.

ORIGIN OF CASTE SYSTEM

The caste system as we see it today has not been pronounced in just one

book; infact it has been shaped by multiple texts. The most ancient

mention of the caste system is found in the Rig Veda, believed to be

developed between 1500-800 BC, where it was called the Varna system. It

classified the society into four varnas:

the Brahmins: priests, scholars and teachers;

the Kshatriyas: rulers, warriors and administrators;

the Vaishyas: cattle herders, agriculturists, artisans and merchants;

and

the Shudras: labourers and service providers.

These distinctions were mentioned in the Purusha Sukta verse of the

Veda, although some scholars believe that this clause was added much

later than the Vedic period. Similar laws were articulated in Manu Smriti,

which is believed to be written between 200 BC-200 AD and which served

as the guiding text for formulating Hindu laws by the British government.

Even Mahabharata, the text of which was completed by 4th century AD,

had mentions of the four-tier Varna system. All of these texts associated

particular traits with each class: Brahmins were considered to be pure,

wise and gentle; Kshatriyas were linked with anger, pleasure and

boldness; Vaishyas were deemed to be hard-working people living off the

 plough; and Shudras were associated with violence and impurity, worthy

of contempt. As such, their social status began to be perceived in the

declining order Brahmins were highly respected and obeyed while

Shudras were despised and ordered. Over time, particular castes were

placed even below Shudras and were called Avarnas not belonging to

any class. They were supposed to do menial jobs as sweepers, gutter

cleaners, scavengers, watchmen, farm laborers, rearers of unclean

animals such as pigs, and curers of hides. People from such castes are

called Dalits (meaning oppressed) in modern times. Although many of

them have moved to other professions over time, yet the general

perception against them has remained to be one of hatred and loathe.

Types of Discrimination against Untouchables or Dalits

According to National Campaign on Dalit Human Rights (NCDHR), there

are various forms of discriminations being practiced against Dalits in India,
these are:
Prohibited from eating with other caste members,
Prohibited from marrying with other caste members,
Separate glasses for Dalits in village tea stalls,
Discriminatory seating arrangements and separate utensils in
restaurants,
Segregation in seating and food arrangements in village functions
and festivals,
Prohibited from entering into village temples,
Prohibited from wearing sandals or holding umbrellas in front of
dominant caste members,
Prohibited from using common village pat,
Separate burial grounds,
No access to villages common/public properties and resources
(wells, ponds, temples, etc.),
Segregation (separate seating area) of Dalit children in schools,
Bonded Labor,
 Face social boycotts by dominant castes for refusing to perform their
duties.

While untouchables were subjected to all forms of discrimination, they

hardly enjoyed any privileges. The nature, content and incidence of
maltreatment of untouchables might have varied in time and space.

However, some of the most pronounced and common features of this

barbaric practice are as follows:

1. Social Disabilities:

From the social point of view, the untouchables suffered from the following
disabilities.

(i) Lowest Social Status:

Since social status was fixed for different castes, the untouchables were
placed at the lowest position in the caste hierarchy and they enjoyed lowest
status in the society. Their social status was just like a golden zero.
Moreover, they were considered as the symbol of pollution by the higher
caste people. Consequently, the untouchables were deprived of all kinds of
commensal contacts.

(ii) Educational Disabilities:

Traditionally, the untouchables were forbidden from receiving education.

They were not entitled to acquire the knowledge of the Vedas. Even, they
were not permitted to touch the religious test. The untouchables were not
allowed to get education from the public institutions. Only recently they
have been given educational facilities.
(iii) Disabilities relating to Social Habits:

Till recently, the untouchables faced several problems with regard to social
habits like food, drink and social intercourse. They were not permitted to
take food or drink from the house of higher caste people. They ate only
Kachha foods. They also faced the same problem as regards social
intercourse.

(iv) Prohibition in the use of Public Places:

In the past, the untouchables were not allowed to use village wells, ponds,
public hospitals, roads and so on. They were not permitted to live in those
places where the higher caste people resided. The untouchables were
forced to live in the worst type of village slums. Moreover, they were
leading a life just like the domestic animals.

2. Economic Disabilities:

Economically the position of the untouchables was very pitiable. They were
deprived of all kinds of economic privileges in the society. Following are
the main economic disabilities of the untouchables.

(i) No Right to Property:

Traditionally, the untouchables were not allowed to have any land or

property of their own. They were prevented from entering into various type
of enterprises They were not permitted to acquire wealth or to buy land in
the village. Even the untouchables had no right to sell their landed property
to anyone. Moreover, they were deprived of all sorts of right to property.

(ii) No Right to choose Occupation:

In the past, the untouchables were not allowed to engage themselves in

occupations which were reserved for the members of higher castes they
were compelled to stick to their traditional occupations. They were large
were engaged in agricultural and other associated works as wage-earners.
The untouchables were traditionally associated with lower occupations like
scavenging leather works, basket making and so on. From generation to
generation, hey lived with half belly with no hope of getting some testy
food. Even now their position is not very much different from what it had
been in the past. Most of them are still below the poverty-line.

(iii) Landless Labourers:

The untouchables were traditionally known as landless because they had

no land in the village. Before the abolition of Zamindar, system their
primary duty was to work for a landlord without any remuneration. Thus
their position was just like a slave and in certain circumstances worst than
lave in this context, Gandhiji has said that The untouchables performed
the most essential services of society, yet at the same time they were the
lowest paid ones, Only such amount of wages is given to them that is
necessary to unite their crushed souls and their physical frames.

3. Religious Disabilities:

Though, the untouchables are known as the Hindus by religion, yet they
were not permitted to enter into the Hindu temples or shrines or other
places of worship. They were not allowed to study religious books. They
were also deprived of becoming the jajman of Brahmin priests. For
example, a Brahmin never performed the religious ceremony of an
untouchable. They were also deprived of services provided by Barbers,
Washermen etc. Only recently, efforts have been made by the Government
for removing these religious, disabilities by legislations.
4. Political Disabilities:

In the past, the untouchables were also deprived of all kinds of political
privileges. They were not allowed to participate in politics, and
administration. They were also not permitted to hold any public post. Only
during the British rule, they for the first time, got the right to vote. But, now-
a-days, they enjoy political rights. But it is doubtful, whether they can
properly utilise this political right without their economic development.

LAWS AGAINST UNTOUCHABILITY

India got Independence on 15th of August, 1947 after long and painful

struggle of more than one hundred years. The struggle was not only

against the foreign rule of British but it was also against the social evils

such as untouchability prevailing from centuries. After Independence

when great leaders of freedom struggle agreed to make our own

Constitution, it was decided that there must be provisions under the

Constitution regarding the abolition of social evils and upliftment of down-

trodden castes and social groups etc. The Governmental effort has been

made to prevent the practice of untouchability through Constitutional

measures on the one hand, and to improve the living conditions of the
untouchables by providing certain benefits through legal measures on the
other hand. Following are the important Governmental efforts taken for the
eradication of untouchability.

1. Constitutional Safeguards:

The Constitution of India provides protection and safeguards for the

untouchables by way of general rights of citizenship with the object of

promoting their socio-economic interests and of removing certain

disabilities from which they suffer. The following Constitutional safeguards

are provided to the untouchables.

(i) Article 15:

The state shall not discriminate againstany citizen on grounds only of

religion, caste, race, sex, and place of birth or any of them. No citizen

shall on grounds only of religion, caste, race, sex, place of birth or any of

them, be subject to any disability, liability or restriction with regard to (a)

access to shop, public restaurants, hotels and places of public

entertainment, or (b) the use of wells, tanks, water taps, bathing ghats,

burial or cremation ground, any sanitary convenience, roads and places

of public resort maintained wholly or partly out of the State funds or

dedicated to the use of the general public.

(ii) Article 16:

There shall be equality of opportunity for all citizens in matters relating to

employment or appointment to any office under the State. No citizen shall

on grounds only of religion, caste, race, sex, descent, place of birth,

residence or any of them be ineligible for or discriminated against in

respect of any employment or office under the State.

(iii) Article 17:

Untouchability is abolished and its practice in any form is forbidden. The

enforcement of any disability arising out of untouchability shall be an

offence punishable in accordance with the law.

(iv) Article 18

Article 18 prevents the state from confirming any title except military and

academic distinction. Titles such as Rai Bahadur, Sawai, Rai Sahab,

Zamindar, taluqdar etc were prevalent in medieval and British India. All

these titles were abolished by article 18 of the constitution.

(iv) Article 25:

The throwing open of Hindu religious institutions of a public character to

all classes and sections of Hindus.

(v) Article 29:

The forbidding or any denial of admission to educational institutions

maintained by the State or receiving aid out of the State funds.

(vi) Article 46:

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.

(vii) Article 164:

Provided that in the State of Bihar, Madhya Pradesh and Orissa, there shall

be a Minister in charge of Tribal Welfare who may in addition be in charge

of welfare of the Scheduled Castes and backward classes or any other

work.

(viii) Article 330:

Seats shall be reserved in the Lok Sabha for the Scheduled Castes, the

Scheduled Tribes except the Scheduled Tribes in the tribal areas of Assam

and the Scheduled Tribes in the autonomous districts of Assam.

(ix) Article 332:

Seats shall be reserved for the Scheduled Castes and Scheduled Tribes in

the Legislative Assembly of every State.

(x) Article 335:

The claims of the members of Scheduled Castes and the Scheduled Tribes

shall be taken into consideration, consistently with the maintenance of

efficiency of administration, in making of appointments to services and

posts in connection with the affairs of the Union or of a State.

(ix) Article 338:

There shall be a special officer for the Scheduled Castes and Scheduled

Tribes to be appointed by the President. It shall be the duty of the special

officer to investigate all matters relating to safeguards for the Scheduled

Castes and Scheduled Tribes under this constitution and report to the

President upon the working of those safeguards at such intervals as the

President may direct and the President shall cause all such reports to be

laid before each house of Parliament.

(xii) Article 340:

There shall be a Commission to be appointed by the President in order to

investigate the condition of socially and educationally backward classes.

2. The Untouchability Offences Act, 1955:

For the eradication of untouchability, the Untouchability Offences Act was

passed by the Parliament in 1955. It came into force on June I, 1955. This

Act provides penalties for the following offences:

(a) Preventing a person on the ground of untouchability from entering a

place of public worship, offering prayers therein or taking water from a

sacred tank, well or spring.

(b) Enforcing all kinds of social disabilities such as denying access to any

shop, public restaurant public hospital or educational institution, hotel or

any other place of public entertainment, denying the use of any road,
river, well, tank, water tap, bathing ghat, cremation ground, sanitary

convenience, dharmasalas, sarai or musafirkhana or utensils kept in

such institutions and hotels and restaurants.

(c) Enforcing occupational, professional or trade disabilities or disabilities

in the matter of enjoyment of any benefit under a charitable trust, in the

construction or occupation of any residential premises in any locality or

the observance of any social or religious usage or ceremony.

(d) Refusing to sell goods or render services to a Harijan because he is a

Harijan, for molesting, injuring or annoying a person or organising a

boycott of or taking part in the excommunication of a person who has

exercised the right accruing to him as a result of the abolition of

untouchability.

The untouchability Offence Act, 1955 has been replaced by the Protection

of the Civil Rights Act after amendment on 1976. The Bill which was

passed in Rajya Sabha on September 2, 1976 and subsequently passed in

Lok Sabha had proposed stringent measures against those who still

practice untouchability. It sought to make willful negligence on the part of

the investigating officers of complaints relating to untouchability

tantamount to abatement.

The provision has also been made to have a deterrent effect on the

commission of untouchability offences. The Act prescribes punishment for

compelling any person to scavange, sweep, remove carcasses, fly animals

or remove umbical cords. All untouchability offences have become non-

compoundable and in case where the punishments given are less than

three months, they can be tried summarily.

However, the menace of untouchability continued and dalits were still

being treated in a discriminatory way, their socio-economic conditions

remained vulnerable, they are denied a number of civil rights and were

subjected to various offences, indignities and humiliations.

Therefore, to counter theses atrocities meted out to so-called Dalits

section of society, the Parliament passed Scheduled Caste and

Scheduled Tribes (Prevention of Attrocities) Act, 1989. The Act

provided more comprehensive and punitive measures to deal with and to

prevent discrimination and atrocities against dalits. The ultimate

objective of the Act was to help the social inclusion of Untouchables/Dalits

into the mainstream Indian society.

3. Harijan Welfare Departments:

For the all-round development of untouchables the Government of India

has established a Harijan Welfare Department and also appointed a

Commissioner for Harijan welfare. Some Regional Assistant

Commissioners have been appointed in each region to assist the

Commissioner. Besides, the Advisory Boards are formed in all States to

suggest the ways and means for the welfare of Harijans.

4. Educational Facilities:

For the upliftment of the untouchables, both Central and State

Governments provide many educational facilities to them. Seats are

reserved in all educational institutions for the untouchables. Free

education, free distributions of books and stationery, stipends,

scholarships and so on are some of the educational facilities provided by

the Government to them.

5. Job Facilities:

A fixed percentage of jobs has been reserved for the untouchables in the

administrative services of both Central and State Governments. To make

Harijan students skilled in various crafts, proper arrangements have been

made by the Government for their training.

6. Economic Facilities:

For the improvement of economic conditions of untouchables, both

Central and State Governments are spending considerable amount of

money. The nationalised banks are also extending their helping hand by

lending loans to them for starting small scale and cottage industries.

Apart from these, for the betterment of the untouchables, the Government

has also provided loans to them through various schemes such as

Integrated. Rural Development Programme, Jawarhar Rozgar Yojna etc.

7. Housing Facilities:

The housing condition of the untouchables is very miserable. They mostly

live in the worst type of slums. Therefore, the Government provides

housing facilities to them. New Harijan colonies are being constructed

where accommodation is cheap. Through Indira Awasa Yojna, the

Government provides new houses to the Harijans. Special efforts are

being made towards cleanliness of old Harijan residential areas.

Ground reality

65 years after the caste system was abolished by the constitution, India
still practices one of the cruellest feature of the it, untouchability. It is only
now that few organisations have started breaking the social hierarchy.

The data collected by the India Human Development Survey conducted by

the National Council of Applied Economic Research says the same.

About 27 percent of the Indian households still practice

untouchability
 Since, Brahmins come on the top of the caste chart, 52 percent of
them still practice untouchability

Only 5.34 percent of Indian marriages are inter-caste

About 15 percent of Scheduled Caste and 22 percent of Scheduled

Tribe respondents admitted to the practice

It is most widespread in Madhya Pradesh with 53 percent practicing

untouchability. Madhya Pradesh is followed by Himachal Pradesh
with 50 per cent. Chhattisgarh comes on the 3rd position with 48
percent, Rajasthan and Bihar with 47 percent, Uttar Pradesh with 43
percent, and Uttarakhand with 40 percent

The survey also shows that almost every third Hindu practises
untouchability (33-35%)

More than 160 million people in India are considered 'Untouchable'

Statistics compiled by India's National Crime Records Bureau

indicate that in the year 2000, about 25,455 crimes were committed
against Dalits

Every hour two Dalits are assaulted; every day two Dalits are
murdered, and two Dalit homes are torched.

MEASURES AGAINST UNTOUCHABILITY

In spite of Governmental and non-Governmental steps untouchability still

persists more or less in every part of the country.

Following suggestions can be made to, eradicate the evil practice of

untouchability:

1. Spread of Education:

Education is the best method for the eradication of untouchability

Therefore; effort should be made for the spread of education among the
untouchables. Moreover, arrangements should be made by the
Government for the spread of general as well as technical education
among Harijan students. Special inducements in the form of scholarships,
free hostel accommodation, books, stationery etc. should be provided to
them.

2. Economic Facilities:

The economic condition of the untouchables still continues to be miserable.

Harijan upliftment would remain a pious hope as long as .their economic
position remains unchanged. Hence, they should be given vocational
training in various crafts and technical skills and financially should be
assisted to start small scale and cottage industries of their own.

Economic backwardness of Harijans can only be removed through

opportunities for gainful employment and improvement in social status
Provision of land, irrigation facilities; supply of bullocks, agricultural
instruments, seeds and manures; development of rural cottage industries;
development of communications, cooperative societies etc. are helpful in
many ways in improving their economic positions. Thus, for the eradication
of untouchability, all economic facilities should be provided to the
untouchables.

3. Housing Facilities:
Harijans, at present, mostly live in the worst type of slums and they are
segregated from the residential areas of the higher castes. Bad housing
conditions not only affect their health but also affect their morality.
Therefore, the Harijans should be given ample housing facilities so that
they develop their living conditions. The Government while improving the
housing conditions should provide new houses to the houseless Harijans.
Besides, maximum financial assistance should also be provided to them for
repairing old and bad houses.
4. Employment Facilities:
For the improvement of the standard of living of Harijans and other
backward classes, Government should provide as much employment
facilities as possible. Along with Government services, reservation of
vacancies for Harijans should be made in all industrial enterprises.

5. Emancipation from Dirty Occupations:

Harijans at present are mostly engaged in various dirty occupations. It is
true that one engaged in the dirty occupation, appears unclean to others. It
also affects his personality. Therefore, efforts should be made at all levels
to emancipate them from dirty occupations as far as possible.

6. Abolition of Caste System:

Caste system is the root cause of the origin of untouchability! Therefore,
the abolition of caste system is very essential for the eradication of
untouchability.

7. Encouragement to Inter-Caste Marriages:

It is a very effective means for the eradication of untouchability. By inter-
caste marriages, not only two persons of different castes but their families
too shall be united. To destroy age-old prejudices it should be the policy of
Government to provide all types of facilities to those who have married out-
side their own caste. Hence, for the removal of untouchability, inter-caste
marriages, especially between the higher castes and the untouchable
castes should be encouraged by all possible means.

8. Propaganda against Untouchability:

Public awareness is necessary to abolish this problem. For the eradication
of untouchability, propaganda should be relentlessly directed by the
Government and other social organizations against this evil through the
mass-media of communication like radio, television, newspaper etc. All
educational institutions should also work in this direction. As a
consequence, the feelings of untouchability find no place in the minds of
people and it is automatically eradicated.

9. Contact between Caste Hindus and Harijans:

It is necessary that there should be an ever increasing contact between the
Harijans and the caste Hindus. The tradition of untouchability should be
destroyed and the feeling of disgust which the superior Hindus harbour for
the untouchables as well as the sense of inferiority of the Harijans should
be eliminated.

It is a matter of no small pleasure that the Union and State Governments,

along with many other political and religious associations of the country, are
making tremendous efforts in achieving these improvements. Awakening is
also spreading among the Harijans. It is hoped that, with the effort of the
Harijans themselves, the Government and other social associations,
untouchability will be wiped out from the villages.

2) Strict enforcement of laws:

The laws are also there and they have to be enforced. The enforcement machinery is not very
effective. It is a typical situation. If a Non-Harijan who is not committed to the problem of
untouchability is placed in charge of the affairs, he does the work in a half minded manner. On
the other hand if a Harijan is given the responsibility for implementing these programmes there
is danger of this becoming too partial. This could yield to favoritism which will have certain
repercussions.