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Are Legal Guarantees Insufficient in Abolishing Untouchability? (The Hindu)

Paper: GS-II, Subject: Social Justice, Topic: Welfare of Vulnerable Sections, Issue: Persistence of Untouchability Despite Legal Safeguards.

Context

Recently, a “purification” ritual conducted after Congress president addressed a meeting in Uttarakhand triggered allegations of caste discrimination. The incident renewed debate over why untouchability persists despite constitutional and legal safeguards.

Understanding the Background: Untouchability in India
Mahad Satyagraha (20 March 1927)

Explanation

Why Does Untouchability Persist Despite Legal Protection?

  • Gap between law and society: Laws have reduced traditional practices of untouchability and improved Dalit participation in public life. However, deeply rooted caste prejudices continue to influence everyday behaviour.
  • Changing forms of discrimination: Earlier practices included denying access to wells and temples. Today, discrimination may also involve social boycotts, humiliation and hostility towards Dalits achieving educational or economic advancement.
  • Persistence of social attitudes: Political scientist Valerian Rodrigues argues that caste hierarchy remains embedded in social beliefs. Therefore, legal equality must translate into social equality, where everyone receives equal dignity in everyday life.

What Is Needed Beyond Legal Safeguards?

  • Effective law enforcement: Criminal laws are essential for punishing atrocities. However, convictions require proof beyond reasonable doubt, making subtle forms of discrimination difficult to establish in court.
  • Civil and institutional remedies: Lawyer Disha Wadekar emphasises that punishment alone is insufficient. Accessible complaint mechanisms, compensation and corrective measures can complement criminal laws in addressing discrimination.
  • Inclusive social institutions: Schools, workplaces and public facilities must encourage interaction across castes. Inclusive education, teacher training and shared public spaces can help challenge discriminatory attitudes from childhood.
  • Community participation: Local institutions and communities must actively promote equality and challenge caste-based exclusion, ensuring that social reform extends beyond legal enforcement.

Conclusion

Legal safeguards have significantly weakened untouchability, but eliminating it requires more than criminal punishment. Lasting social equality demands effective laws, inclusive institutions and changes in social attitudes, ensuring that constitutional rights become a reality in everyday life.

Source: (The Hindu)

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