Model Answer
0 min readIntroduction
The practice of ‘Untouchability’, a deeply ingrained social evil in India, historically subjected certain sections of society to systemic discrimination and denial of basic human rights. Recognizing the inherent injustice, the Indian Constitution, adopted in 1950, unequivocally outlawed this practice. Article 17 specifically abolishes untouchability, declaring it a ‘form of slavery’. The subsequent enactment of the Untouchability (Prohibition) Act, 1955, aimed to translate this constitutional mandate into a legally enforceable framework, criminalizing acts of discrimination and providing mechanisms for redressal. This act, now known as the Prohibition of Civil Rights Act, 1955, remains a cornerstone of social justice legislation in India.
Constitutional Basis and Legal Framework
The foundation for protecting civil rights and prohibiting untouchability lies in Articles 17 and 19 of the Constitution. Article 17 declares untouchability as abolished and forbids any disability arising from it. Article 19(1)(g) guarantees all citizens the right to practice any profession or carry on any occupation, trade or business, which is further strengthened by Article 15 prohibiting discrimination on grounds of religion, race, caste, sex or place of birth.
The Prohibition of Civil Rights Act, 1955
Initially enacted as the Untouchability (Prohibition) Act, 1955, it was later renamed the Prohibition of Civil Rights Act, 1955, through an amendment in 1976. This change reflected a broader understanding of discrimination extending beyond physical untouchability to encompass social and economic disabilities.
- Scope of the Act: The Act prohibits the practice of untouchability in various forms, including preventing access to places of worship, schools, hospitals, and other public places. It also prohibits discrimination in employment and access to water sources.
- Offences and Penalties: The Act defines several offences, including preventing a person from entering a place of worship, obstructing a person’s access to a water source, or denying employment based on caste. Penalties range from imprisonment to fines.
- Amendments: The Act has been amended several times to strengthen its provisions and address loopholes. The 1976 amendment broadened the scope of the Act and introduced stricter penalties. The 1995 amendment further enhanced the penalties and provided for the establishment of special courts to expedite trials.
Challenges in Enforcement
Despite the legal framework, the enforcement of the Prohibition of Civil Rights Act faces significant challenges:
- Social Attitudes: Deep-rooted social prejudices and caste-based discrimination continue to persist in many parts of India, hindering effective implementation.
- Lack of Awareness: Many victims are unaware of their rights and the legal remedies available to them.
- Implementation Gaps: Inadequate infrastructure, lack of resources, and bureaucratic delays often impede the investigation and prosecution of offences.
- Low Conviction Rates: The conviction rate in cases related to untouchability remains low, reflecting the difficulties in proving offences and securing convictions.
Judicial Interpretations and Landmark Cases
The judiciary has played a crucial role in interpreting and upholding the provisions of the Constitution and the Prohibition of Civil Rights Act. Several landmark cases have expanded the scope of protection against untouchability.
| Case Name | Year | Key Outcome |
|---|---|---|
| State of Karnataka v. Appu Raja | 1978 | Expanded the definition of untouchability to include social ostracism. |
| Indra Sawhney v. Union of India | 1992 | Affirmed the constitutional validity of reservations for Scheduled Castes and Scheduled Tribes. |
These cases demonstrate the judiciary’s commitment to eradicating untouchability and promoting social justice.
Conclusion
The Prohibition of Civil Rights Act, 1955, represents a significant legal step towards dismantling the oppressive practice of untouchability and ensuring the protection of civil rights. However, legal provisions alone are insufficient. Addressing the deeply ingrained social prejudices, raising awareness about rights, strengthening enforcement mechanisms, and promoting inclusive social attitudes are crucial for achieving true equality and social justice. Continuous monitoring, effective implementation, and sustained public awareness campaigns are essential to realize the constitutional vision of a casteless society.
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.