Untouchability — What does it hold in?
This article is a very basic overview of Untouchability in India.
“It is not our differences that divide us. It is our inability to recognize, accept, and celebrate those differences.” — Audre Lorde
Article 17 of the Indian Constitution talks about the Abolition of Untouchability. It states that “Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law.”
It has been years since untouchability and its practice in any form is abolished and has been made a punishable offence. But we often experience untouchability without even realizing it. India is the most diverse country in the world. Its very diversity is evident in different cultures, religions, beliefs, languages, etc. Untouchability was a very age-old practice followed way back in India which is obviously no longer in practice and is a punishable offence now. But think of the times when it did exist. People were humiliated just because of certain religion they belong to, the race they belong to or place of birth, or any other possible categorization and ground that people found for discrimination.
Talking about discrimination, Article 15 of the Indian Constitution clearly defines that the State cannot discriminate against any citizen on the grounds only of religion, race, caste, sex, place of birth, or any of them. It also mentions that even other citizens are not allowed to discriminate against any other citizen on the above grounds or restrict them from accessing any public place. This is the part that also includes untouchability. Access to any public place is the best example to understand untouchability.
In the age-old days when untouchability did exist and was practiced heavily, people who were from a particular background be it any of the grounds mentioned in Article 15, were restricted access to public places believing that those public places might become impure if they were granted the access. This idea itself is highly discriminatory and the actions definitely violative of basic human rights.
Although this practice is not evidently seen everywhere in India today, there are places where untouchability and discrimination do take place. To provide statistical data about untouchability and discriminatory practices around 25 to 27% of Indian households still practice untouchability. To talk about the forms of untouchability there are so many that one cannot count them easily. Untouchability looks down upon certain sections of society. Their physical touch was considered to pollute others, they were treated as someone so impure who would spread their impurity if allowed in the common crowd. This statement is very sensitive and might be very offensive for most of us, but this did happen in earlier times (is practiced in some parts of the nation even today).
To explicitly mention an example of the practice in modern times, women in their menstrual cycle are not allowed to enter temples as people consider that women during their cycle are impure and might degrade the sanctity and purity of the deity. This turned out to be a very huge issue over the years with reference to the Sabarimala Temple. In this case, women between the age of 10 to 50 are not allowed to enter the Sabarimala Temple situated in Kerala dedicated to the worship of Lord Ayyapan.
Rule 3(b) of the Kerala Hindu Places of Worship (Authorization of Entry) Rules, 1965 states that women who are not by tradition and usage allowed to enter a place of public worship shall not be entitled to enter or offer worship in any place of public worship. In 2018, five women lawyers of the Young Indian Lawyers Association filed a PIL challenging that this was violative of the basic Fundamental Rights enshrined in the Constitution of India. The Supreme Court held that such practice was violative of Fundamental Rights and was evidently gender discrimination.
The caste system, a very vibrant variety of cultures, is beautiful because of the diversity it holds. But it does have limitations. The caste system in India unambiguously showcases the rank system. Sukhadeo Thorat, an Indian Economist stated that “The rights and privileges of the higher castes, become the disabilities of the lower castes, especially the untouchables.” This very statement is so true that highlights the situation of the rank system, and discrimination by means of untouchability very well. Not only the caste system, but even the place of birth and economic conditions lead to such discrimination and untouchability.
There are basic human rights to which every individual is entitled and the Constitution of India does provide Fundamental Rights. the right to equality, the right against discrimination, and the right to life (Articles 14 to 18 and Article 21) are the rights that help the people in India to overcome the practice of untouchability in every part though it will definitely take a few more years to abolish such practices completely.
Article 14 talks about the right to equality as to how each person is equal before the law and how the law is protecting every person equally within the Indian territory. It is a small article but holds very huge significance and it is considered a very important Fundamental Right. This very article enshrines that equality is the basic right of every human and further Article 15 protects citizens from discrimination.
Freedom not only comes from being independent, being vested with rights and duties, but it must also come from zero discrimination. The day a nation has zero discrimination is the date that nation can truly declare that they provide freedom to their citizens are a basic Human and Fundamental Right. There is not even one good reason that can justify untouchability.
“Some men say that they should be satisfied with the abolition of untouchability only, leaving the caste system alone. The aim of abolition of untouchability alone without trying to abolish the inequalities inherent in the caste system is a rather low aim.” — Dr. B.R. Ambedkar
