Model Answer
0 min readIntroduction
The abhorrent practice of untouchability, rooted in the caste system, has historically relegated individuals to social margins based on birth. "Untouchability" refers to the practice of ostracizing people from social interaction and denying them access to public spaces, resources, and opportunities based on their caste. Article 17 of the Indian Constitution unequivocally abolishes "untouchability" and prohibits its practice. This constitutional mandate is further reinforced by the Protection of Civil Rights Act, 1955, which criminalizes the enforcement of disabilities arising out of untouchability. This answer will examine the Act's significance and its role in combating this deeply ingrained social evil.
Historical Context and Constitutional Provision
Historically, the caste system, with its inherent hierarchies, was the bedrock of untouchability. Individuals deemed "untouchable" were often denied basic human rights, segregated from mainstream society, and subjected to discriminatory practices. The Constitution of India, upon its adoption in 1950, recognized the need to dismantle this oppressive system. Article 17, a cornerstone of social justice, formally abolished untouchability and declared it a crime.
The Protection of Civil Rights Act, 1955
While Article 17 provided the constitutional framework, the Protection of Civil Rights Act, 1955, gave it teeth. This Act criminalizes several discriminatory practices, including:
- Enforcing disabilities: Punishing anyone who enforces any disability arising out of untouchability.
- Discrimination in employment: Prohibiting discrimination in employment based on untouchability.
- Restrictions on access: Preventing restrictions on access to public places, water sources, and other essential facilities.
- Offences and Penalties: Defining penalties for violations, including imprisonment and fines.
The Act was amended in 1976 to broaden its scope and enhance penalties. It also established Civil Rights Protection Committees at the district level to monitor implementation and address grievances.
Effectiveness and Challenges
The Act has undoubtedly played a crucial role in reducing overt discrimination. However, the challenge lies in addressing the subtle and insidious forms of untouchability that persist. Caste-based discrimination continues to manifest in various ways, including:
- Social Segregation: Despite legal prohibitions, social segregation remains prevalent in many rural areas.
- Economic Discrimination: Dalits (formerly known as "untouchables") continue to face significant economic disadvantages, with limited access to land, credit, and education. According to the National Sample Survey Office (NSSO) data from 2013-14, Scheduled Castes had a lower consumption expenditure per capita compared to other social groups.
- Violence and Atrocities: Dalits are disproportionately victims of violence and atrocities, often linked to caste-based prejudices. The National Crime Records Bureau (NCRB) data shows a consistent number of reported crimes against Scheduled Castes, highlighting the ongoing vulnerability.
The implementation of the Act faces challenges like:
- Lack of Awareness: Many people are unaware of their rights and the legal protections available.
- Underreporting: Victims often hesitate to report incidents due to social stigma and fear of retaliation.
- Delayed Justice: The judicial process can be slow, leading to a lack of closure for victims.
Evolving Forms of Discrimination
While traditional forms of untouchability are being challenged, new forms of discrimination are emerging, often cloaked in subtle prejudices and biases. These can include microaggressions, subtle exclusion, and systemic disadvantages that perpetuate inequality.
Case Study: The Bilkis Bano Case
Case Study: The Bilkis Bano Case
The Bilkis Bano case, involving the gang rape of a pregnant Muslim woman and the murder of her family members during the 2002 Gujarat riots, highlights the intersectionality of caste, religion, and gender in perpetuating discrimination and violence. While the case received significant national attention, the initial failure to convict the perpetrators exposed the systemic biases within the justice system. The recent remission of the convicts has sparked further debate about justice and accountability.
Scheme: Dr. Ambedkar Memorial Fund
The Dr. Ambedkar Memorial Fund, established by the Indian government, aims to promote education and economic empowerment among Scheduled Castes and Scheduled Tribes. It provides scholarships, financial assistance, and support for entrepreneurship initiatives. The fund reflects the ongoing commitment to address the historical injustices faced by marginalized communities.
| Act/Provision | Description |
|---|---|
| Article 17, Constitution | Abolishes untouchability and prohibits its practice. |
| Protection of Civil Rights Act, 1955 | Criminalizes discriminatory practices related to untouchability. |
Conclusion
The Protection of Civil Rights Act, 1955, remains a vital tool in combating untouchability, but its effectiveness is hampered by persistent social biases and implementation challenges. While overt discrimination has diminished, subtle forms of prejudice and systemic disadvantages continue to affect the lives of millions. A multi-pronged approach, encompassing legal reforms, awareness campaigns, and social reform, is crucial to achieving true equality and dismantling the vestiges of untouchability from Indian society. Continued vigilance and proactive measures are essential to ensure that the promise of a casteless society enshrined in the Constitution is fully realized.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.