"The removal of untouchability is one of the highest expressions of Ahimsa"
--
Mahatma Gandhi
Introduction
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.
History
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.
Conclusion
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 .
Award Winning Article Is Written By: Ms.Rajita
Authentication No: FB404331995268-12-0224
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