Untouchability and Constitutional Safeguards

A “purification” (Shuddhikaran) ritual at a public venue in Haldwani, Uttarakhand, following its use by Dalit individuals, has sparked debate regarding the constitutional prohibition of untouchability under Article 17.

Idea of Purity and Pollution in the Caste System

Purity and Pollution

The traditional caste hierarchy was historically organised around the concepts of purity (Shuddhi) and pollution (Ashuddhi). Communities placed at the bottom of the caste hierarchy were often associated with occupations involving waste, death and animal carcasses, which reinforced notions of impurity and untouchability.

These beliefs also contributed to spatial segregation, with Dalit communities often being forced to live in separate settlements or on the outskirts of villages. Traditional practices could treat contact or even association with lower-caste individuals as polluting, leading to purification rituals and other discriminatory practices.

Historical Perspectives on Untouchability

Bhakti Movement

Saints such as Ravidas and Kabir challenged caste-based exclusion by emphasising spiritual equality and devotional practices.

Arya Samaj

Swami Dayananda Saraswati regarded untouchability as a post-Vedic corruption and promoted the Shuddhi Movement to reintegrate untouchables and converts into the Hindu fold.

Jyotirao Phule

Through the Satyashodhak Samaj (1873), Jyotirao Phule linked untouchability with social and economic exploitation and emphasised education and empowerment.

Sri Narayana Guru

Sri Narayana Guru challenged ritual hierarchy through the Aruvipuram consecration of 1888 and advocated the principle of “One Caste, One Religion, One God for Humankind.”

Periyar

The Self-Respect Movement (1925) led by Periyar adopted a rationalist and anti-Brahminical approach and called for rejection of caste-based religious authority.

Mahatma Gandhi

Mahatma Gandhi regarded untouchability as a moral sin and promoted social reform through the Harijan Sevak Sangh, temple-entry movements and social integration. Initially, however, he distinguished the issue of untouchability from the broader Varna system.

Constitutional and Legal Provisions

Article 17

Article 17 of the Constitution, which forms part of the Right to Equality under Articles 14–18, abolishes untouchability in all forms and makes its enforcement a punishable offence. Importantly, Article 17 can operate against private individuals as well as the State.

The Constitution does not provide a specific definition of “untouchability”, allowing the law to address its complex and evolving manifestations.

Protection of Civil Rights Act, 1955

The Untouchability (Offences) Act, 1955, later renamed the Protection of Civil Rights Act, 1955, was enacted to give effect to Article 17. It prescribes punishments for preaching and practising untouchability and for enforcing religious or social disabilities based on untouchability.

SC/ST (Prevention of Atrocities) Act, 1989

The SC/ST (Prevention of Atrocities) Act, 1989 provides additional legal protection to members of Scheduled Castes and Scheduled Tribes. Section 7(1)(d) specifically addresses insulting or attempting to insult an SC member on the ground of untouchability.

However, the offence must be intrinsically connected with the social practice of untouchability and cannot be treated as merely a generic form of humiliation.

National Commission for Scheduled Castes

The National Commission for Scheduled Castes (NCSC) is a constitutional body established under Article 338. It monitors, investigates and safeguards the rights of Scheduled Castes and possesses powers similar to those of a civil court for certain purposes.

Important Judicial Pronouncements

Surya Narayan Choudhary v. State of Rajasthan, 1989

The Rajasthan High Court held that requiring Dalits to undergo a purification ritual before temple entry violated Articles 14, 15 and 17, as the condition was discriminatory and was not imposed on other devotees.

Hitesh Verma v. State of Uttarakhand, 2020

The Supreme Court held that an insult against an SC/ST person does not automatically constitute an offence under the SC/ST (Prevention of Atrocities) Act, 1989. The insult must be connected with the person's caste identity and satisfy the statutory requirements.

Sukanya Shantha v. Union of India, 2024

The Supreme Court struck down caste-based discriminatory practices in prison manuals and clarified that untouchability is not restricted to physical exclusion.

It can also encompass discrimination based on a person's caste, touch or presence, particularly where such practices are rooted in notions of purity and pollution.

Gunjan @ Girija Kumari v. State (NCT of Delhi), 2026

The Supreme Court held that the relevant offences under the SC/ST (Prevention of Atrocities) Act, 1989 require the act to occur “in any place within public view.”

Challenges in Eliminating Untouchability

Emergence of Covert Discrimination

Traditional forms of untouchability, such as denial of access to wells or temples, have declined in visibility, but discrimination has increasingly taken institutional and subtle forms.

These may include spatial segregation in housing, caste-based matrimonial practices, systemic bias in employment and discrimination in academic spaces.

Graded Inequality

The caste system operates through an ascending scale of privilege and a descending scale of social status. Such graded inequality can also result in differences in disadvantage among Scheduled Castes.

In State of Punjab v. Davinder Singh (2024), the Supreme Court recognised that SCs are not a homogeneous group and permitted States to sub-classify SCs for a more equitable distribution of reservation benefits.

Criminal Justice Challenges

Despite the existence of stringent laws, effective enforcement can be hindered by under-registration or dilution of cases, witness vulnerability and structural bias within parts of the investigating and judicial machinery.

Economic Dependence

Landlessness and economic dependence on dominant castes can increase vulnerability to social boycotts and coercion. Such circumstances may also force victims towards extra-judicial compromises.

Measures to Curb Untouchability

Accountability of Public Officials

The effective use of Section 4 of the SC/ST (Prevention of Atrocities) Act can strengthen accountability where public servants neglect their duties in registering or investigating cases.

Economic Empowerment

Economic empowerment can reduce structural dependence. The Public Procurement Policy for MSEs (2012) provides for 4% of government procurement from SC/ST-owned MSMEs, while initiatives such as Stand-Up India and the Venture Capital Fund for Scheduled Castes can support entrepreneurship and economic mobility.

Equal Opportunity

The Madhava Menon Committee (2007) recommended an Equal Opportunity Commission to address discriminatory practices, including in the private sector.

Constitutional Morality

Legal measures alone may not be sufficient to eliminate deeply embedded social attitudes. Promoting constitutional morality through education and social awareness can help challenge entrenched notions of purity and pollution.

Social Integration

Greater encouragement and protection of inter-caste marriages can contribute to social integration. The Dr Ambedkar Scheme for Social Integration through Inter-Caste Marriages is cited as an instrument for promoting such integration.

Special Courts

The establishment of Exclusive Special Courts and stronger witness protection mechanisms can help address delays and improve the effectiveness of trials under the SC/ST (Prevention of Atrocities) Act.

Conclusion

The constitutional abolition of untouchability under Article 17 represents a fundamental commitment to social equality and human dignity. However, eliminating its contemporary manifestations requires not only effective legal enforcement but also economic empowerment, social integration and constitutional morality