Abolition of Untouchability

Introduction
The Constitution of India, 1950 (COI) prohibits the practice of untouchability in clear and definable terms. Article 17 of the COI addresses untouchability.
Article 17 of the COI

• It states that untouchability is abolished and practice is forbidden in any form. The enforcement of any disability resulting from untouchability is an offence punishable according to law.
• The right under Article 17 includes private individuals and it is a constitutional obligation of the State to take action to uphold the right and to ensure that it is not violated.
• The reference of Article 17 is not to untouchability in a literal or grammatical sense at all but to ‘practise as it had grown historical in the country’. The term in this case refers to social disabilities imposed on certain classes of persons by reason of their birth in certain castes.
  Untouchability
• The term untouchability is not defined either in the COI or the Act.
• Literally, the term means treating persons as untouchable either temporarily or otherwise for a number of reasons including suffering from contagious diseases or as per social observances with regard to birth or deaths or social boycotting arising from caste or other disputes.

Case Laws:

• Devarajiah v. Padmanna (1961): The Supreme Court held that the object of Article 17 was to eradicate the dehumanising treatement of treating certain individuals as filthy according to their birth in certain Castes.
• State of Karnataka v. Appa Balu Ingale (1993): The Supreme Court held that untouchability was a derivative of slavery in an indirect manner, and was only an extension of the caste system. It observed that Caste System and Untouchability have been together and will die together. It is a fundamental requirement and necessary to abolish the Caste system, in as timely a manner as possible, for the proper functioning of the rule of law and democracy.