One useful takeaway
- Article 17 abolishes untouchability but leaves it undefined, allowing courts to address complex social manifestations beyond mere physical exclusion.
ARTICLE PREVIEW
Gist A recent shuddhikaran purification ritual, conducted at a venue in Haldwani shortly after a rally by a Dalit political leader, has sparked a debate on the legal thresholds of 'untouchability' in India. The controversy tests whether the ritual cleansing of a physical space constitutes a caste-based insult punishable under law, even when direct physical exclusion did not occur. For civil services aspirants, this highlights the evolving jurisprudence around Article 17 , demonstrating how courts are moving beyond overt physical discrimination to address the insidious ideological concepts of caste-based 'purity and pollution'. Background Article 17 of the Indian Constitution abolishes "untouchability" and forbids its practice in any form, making the enforcement of any disability arising out of it a punishable offence. Crucially, the Constitution intentionally leaves "untouchability" undefined, allowing courts to interpret it broadly enough to cover the manifold complexities of social discrimination. To enforce this fundamental right, Parliament enacted the Untouchability Offences Act, 1955 , which was substantially tightened and renamed the Protection of Civil Rights Act, 1955 in 1976 . Historically, untouchability was largely viewed through the lens…
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