SC clarifies untouchability scope, linking it to caste-based 'purity and pollution' notions
The article examines the legal interpretation of untouchability following a "purification" ritual after a Dalit leader's rally. Article 17 of the Constitution abolishes untouchability in all forms, a principle reinforced by the Protection of Civil Rights Act, 1955. The Supreme Court, in Sukanya Shantha v Union of India (2024), clarified that untouchability is deeply connected to caste-based notions of "purity and pollution," which Article 17 rejects. The Court emphasized that Article 17's scope is not limited to physical exclusion but encompasses any discriminatory treatment based on a person's touch or presence, citing a Rajasthan High Court ruling against caste-specific purification rituals for temple entry.
Key Points
- Article 17 of the Indian Constitution unequivocally abolishes untouchability in all its forms.
- The Protection of Civil Rights Act, 1955, provides legal penalties for practicing or promoting untouchability.
- The Supreme Court links untouchability to caste-based notions of "purity and pollution," which are constitutionally rejected.
- The scope of Article 17 is broad, covering not only physical exclusion but also any discriminatory treatment based on a person's presence.
- Judicial precedents, like the Rajasthan High Court ruling, prohibit caste-specific purification rituals as discriminatory.
Exam Facts
- Article 17 of the Indian Constitution.
- Protection of Civil Rights Act, 1955 (amended from Untouchability (Offences) Act, 1955).
- Supreme Court case: Sukanya Shantha v Union of India (2024).
- Rajasthan High Court case: Surya Narayan Choudhary v State of Rajasthan (1988).
- Relevant constitutional articles include 14, 15, and 17.
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