Evil Faces of This System: Untouchability

THE CASTE SYSTEM
The caste system is the bane for the Indian society. It divides the Indian society into sectarian
groups and classes. Even today, it plays a predominant role in our society despite the growth of
culture and civilisation.
 The terms ‘Scheduled Castes and Scheduled Tribes’ (SC/ST) are the official terms used
in government documents to identify former untouchables and tribes. However, in 2008
the National Commission for Scheduled Castes, noticing that the word ‘Dalit’ was used
interchangeably with the official term ‘Scheduled Castes’, asked the State Governments
to end the use of the word ‘Dalit’ in official documents by calling the term
‘unconstitutional’ and to replace it with the term ‘Scheduled Caste’ instead.
 The roots of the caste system are traced back to the ancient ages. While one view
discriminates between the castes as upper and lower castes on the basis of their origin,
another view traces the origin of the castes to varnas which classifies the caste system
on the basis of their functions. Since then, it was found that undue advantage was taken
by the section of people having an upper hand and a say in the community, leading to
discrimination and exploitation of the weaker sections of community.
 The people from Scheduled Castes and Scheduled Tribes, referred to as ‘untouchables’
form one-sixth of India’s population or 160 million; they endure discrimination and
segregation.
Evil faces of this system
Untouchability
Many villages are separated by caste and they may not cross the line dividing them from the
higher castes. They also may not use the same wells or drink in the same tea stalls as higher
castes.
Discrimination
They often do not have the facility to electricity, sanitation facilities or water pumps in lower caste
neighbourhoods. Access to better education, housing and medical facilities than that of the
higher castes is denied.
Division of labour
They are restricted to certain occupations like sanitation work, plantation work, leather works,
cleaning streets, etc.
Slavery
They are subjected to exploitation in the name of debt, tradition, etc., to work as labourers or
perform menial tasks for generations together.
Government Initiatives
The Indian Government has enacted laws to remove untouchability and has also brought in
many reforms to improve the quality of life for the weaker sections of society. Few among them
are:
 Constitutionally guaranteed fundamental human rights

 Abolition of ‘ untouchability’ in 1950
 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989
 Provision of reservation in places like educational institutions, for employment
opportunities etc.
 Establishing social welfare departments and national commissions for the welfare of
scheduled castes and tribes
These measures adopted by the government have brought some relief to the weaker sections of
society. The urban areas have shown good amount of impact and some improvement. However,
people in rural areas and villages still face extreme discrimination. We indeed have a long way to
go in achieving the objectives set to eradicate and abolish discrimination, on the basis of caste
and creed. It now depends on our efforts and a change in our mindset is sure to see a perpetual
change, bringing about equality for all.
Right to Equality
The fundamental fights are guaranteed to protect the basic human rights of all citizens of India
and are put into effect by the courts, subject to some limitations. One of such fundamental rights
is the Right to Equality. Right to Equality refers to the equality in the eyes of law, discarding any
unfairness on grounds of caste, race, religion, place of birth sex. It also includes equality of
prospects in matters of employment, abolition of untouchability and abolition of titles. Articles 14,
15, 16, 17 and 18 of the Constitution of India highlight the Right to Equality in detail. This
fundamental right is the major foundation of all other rights and privileges granted to Indian
citizens. It is one of the chief guarantees of the Constitution of India. Thus, it is imperative that
every citizen of India has easy access to the courts to exercise his/her Right to Equality.
Various articles under the Right to Equality are explained as follows:
Equality Before Law
Equality before law is well defined under the Article 14 of the Constitution which ensures that
every citizen shall be likewise protected by the laws of the country. It means that the State will
not distinguish any of the Indian citizens on the basis of their gender, caste, creed, religion or
even the place of birth. The state cannot refuse equality before the law and equal defense of the
law to any person within the territory of India. In other words, this means that no person or
groups of people can demand for any special privileges. This right not only applies to the citizens
of India but also to all the people within the territory of India.
Social Equality and Equal Access to Public Areas
The right of Social Equality and Equal Access to Public Areas is clearly mentioned under the
Article 15 of the Constitution of India stating that no person shall be shown favoritism on the
basis of color, caste, creed language, etc. Every person shall have equal admittance to public
places like public wells, bathing ghats, museums, temples etc. However, the State has the right
to make any special arrangement for women and children or for the development of any socially
or educationally backward class or scheduled castes or scheduled tribes. This article applies only
to citizens of India.
Equality in Matters of Public Employment
Article 16 of the Constitution of India clearly mentions that the State shall treat everyone equally
in the matters of employment. No citizen shall be discriminated on the basis of race, caste,
religion, creed, descent or place of birth in respect of any employment or office under the State.
Every citizen of India can apply for government jobs. However, there are some exceptions to this
right. The Parliament may pass a law mentioning that specific jobs can only be filled by
candidates who are residing in a particular area. This requirement is mainly for those posts that
necessitate the knowledge of the locality and language of the area.
Apart from this, the State may also set aside some posts for members of backward classes,
scheduled castes or scheduled tribes which are not properly represented in the services under
the State to uplift the weaker sections of the society. Also, a law may be passed which may entail
that the holder of an office of any religious institution shall also be a person professing that
specific religion. Though, this right shall not be granted to the overseas citizens of India as
directed by the Citizenship (Amendment) Bill, 2003.
Abolition of Untouchability
Article 17 of the Constitution of India abolishes the practice of untouchability in India. Practice of
untouchability is declared as a crime and anyone doing so is punishable by law. The
Untouchability Offences Act of 1955 (and now Protection of Civil Rights Act in 1976) states
punishments for not allowing a person to enter a place of worship or from taking water from a
well or tank.
Abolition of Titles
Article 18 of the Constitution of India prohibits the State from granting any titles. Citizens of India
are not allowed to accept titles from a foreign State. Titles like Rai Bahadurs and Khan Bahadurs
given by the British government have also been abolished. Nevertheless, academic and military
distinctions can be conferred upon the citizens of India. The awards of ‘Bharat Ratna’ and
‘Padma Vibhushan’ cannot be used by the beneficiary as a title and is not prohibited by the
Constitution of India. From 15 December 1995, the Supreme Court has sustained the validity of
such awards.
To conclude, the ‘Right to Equality’ should not only remain on papers. This right should be
properly exercised; otherwise it will lose its essence if all the citizens of India, especially the
weaker and backward classes do not have equal rights and equality before law.

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THE CASTE SYSTEM

Evil faces of this system

 Constitutionally guaranteed fundamental human rights

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