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Analysis Of The Scope Of Untouchability Under Article 17

"The removal of untouchability is one of the highest expressions of Ahimsa" -- Mahatma Gandhi

The topic of untouchability is not new it came into force before the Independence. Untouchability of discriminating against various peoples and their groups on their cast.

Untouchability was practiced for a very long period. Many Indian struggles with their real-life experiences of untouchability like Mahatma Gandhi and B.R Ambedkar have been going through various kinds of discrimination in almost all places.

The real struggle that faces for the abolishment of untouchability B.R Ambedkar and Mahatma Gandhi were also known as prominent leaders who fought very hard for the abolition of the practice of untouchability.
  • Thus the hard work of Mahatma Gandhi gave them a rightful chance to prove themselves and enhance the chance of equality in society.
  • Article 17 of the Indian Constitution abolished untouchability and declared it a punishable act According to this Article, no one can restrict the Dalits from entering temples, or streets.
Provision under the constitution of Article 17 defines as "untouchability is a practice in any form is forbidden The enforcement of any disability arising out of untouchability shall be an offense punishable with law.

Legal Framework and Enforcement
The Indian government has implemented various legal measures to enforce the provisions of Article 17. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, is one such legislation that provides comprehensive protection against untouchability and other forms of caste-based discrimination. Additionally, the Protection of Civil Rights Act, 1955, and the National Commission for Scheduled Castes and Scheduled Tribes Act, 1990, also contribute to the enforcement and monitoring of the eradication of untouchability.

Supreme court in Sabarimala case
The Sabarimala case in India is a complex legal matter that involves issues of religious practice, gender equality, and the question of untouchability. While untouchability is not the central focus of the case, it does intersect with the broader context of discrimination and exclusion.

Sabarimala is a Hindu temple located in the state of Kerala, India, dedicated to Lord Ayyappa. For many years, women of menstruating age (typically defined as between 10 and 50 years old) were barred from entering the temple. This practice was justified based on the belief that Lord Ayyappa is celibate and the presence of menstruating women would violate the deity's purity. In 2018, the Supreme Court of India delivered a landmark judgment in the Sabarimala case, declaring the practice of barring women of menstruating age from entering the temple as unconstitutional and discriminatory. The court held that it violated the principles of equality and freedom of religion enshrined in the Indian Constitution.

Although the primary focus of the Sabarimala case was on gender discrimination, untouchability was indirectly linked to the issue. Historically, Dalits (formerly known as "untouchables") faced severe social discrimination and were often excluded from entering temples and participating in religious practices. While the practice of untouchability has been legally abolished in India, its remnants still persist in some communities.

In the context of the Sabarimala case, some argue that the practice of barring women of menstruating age from entering the temple can be seen as a form of untouchability, as it discriminates against a particular group based on a biological characteristic. Others argue that the exclusion is based on religious beliefs and rituals, rather than caste-based discrimination associated with untouchability.

It is essential to recognize that untouchability is a multifaceted issue deeply ingrained in India's social fabric, and its manifestations can vary across different contexts. While the Sabarimala case did not explicitly address untouchability, it sparked a broader dialogue about gender discrimination and access to religious spaces, which are interconnected with the issue of untouchability.

The Sabarimala case and subsequent discussions serve as reminders that the eradication of untouchability requires continuous efforts to challenge discriminatory practices, promote social equality, and ensure that everyone, irrespective of gender, caste, or any other characteristic, has equal access to religious institutions and public spaces.

The abolition of article 17 untouchability was not only a blessings for the lower castes and their groups but also it was the result of the struggles of many people like Mahatma Gandhi and Dr B.R Ambedkar because they were struggle of real life untouchabilty.So that's why the need for abolition the untouchability is important in the society because everyone has equal right no one can ignore in the eye of law .

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