Seven Decades of Shame: Article 17, Dignity and the Persistence of Untouchability

ABSTRACT The abolition of inequality, untouchability and any form of discrimination is not merely a fundamental principle of the Indian constitution but also a moral pledge of Indian Society. Yet, these collective afflictions continue to manifest through the acts of symbolic violence, strangling the very soul of the constitution. This article examines how the inconsistency between constitutional law and social practice allows assaults on personal dignity and constitutional authority. This shows how despite the constitutional command of Article 17 and the punitive framework of the PoA Act, caste-based social stigma and symbolic violence persist, demonstrating a failure to translate legal abolition into true social equality and a continuous violation of the fundamental right to human dignity. INTRODUCTION: The Indian Republic rest on a paradox: A Constitution that explicitly abolished untouchability under Article 17 and makes any enforcement of a disability arising from it a punishable offence while its society still actively, viciously, perpetuates it. For over seven decades, that is even after the completion of 78 years of independence, this non-negotiable constitutional right has remained an “unfinished writ”, thus transforming national aspiration into a “seven decades of shame”. This inconsistency between the law and legal action is manifested in several actions of symbolic violence such as serving tea in separate glasses for Dalits, dismounting a Dalit groom form horse, making them to walk without slippers etc. Such attacks against personal liberty dignity and constitutional authority reached a new height when Chief Justice of India B.R Gavai, himself belonging to Schedule Caste community, became the target of public humiliation inside the Supreme Court premises. And further the tragic suicide of a high ranking Dalit IPS Officer who had attained the status of State power shows that institutional prejudice is so pervasive that even success and authority offer no refuge from symbolic violence. To understand the tenacity of this humiliation, one has to trace its roots to the very foundation of the caste order. BIRTH OF CASTE SYSTEM: There are various theories on the origin and the history of the caste system. The most prominent among them are the Religious Origin Theory and Colour (Varna) Theory. Purusha Sukta of the Rigveda (1500-1200 BCE): As per the religious origin theory the Purusha Sukta of the Rigveda (1500-1200 BCE) describes the four varnas emerging from the cosmic being (Purusha) i.e the Brahmins - from the head (priests, teachers), Kshatriyas - from the arms (warriors, rulers), Vaishays - from the thighs (traders, farmers) and Shudras - from the feet (labourers, servants). Religion thus legitimized inequality under the idea of Dharma According to Varna. The Colour Theory: As per the Colour Theory the sanskrit word “Varna” means “colour”. When the Aryans migrated into India they were lighter-skinned and viewed the darker indigenous “Dasas” as inferior. Later, religious and purity notions blended with colour theory, giving rise to permanent social ranking. ARYAN’S ROLE - Aryan elites institutionalized varna for maintaining their domination over the indigenous. Strict rules in favor of inter marriage (endogamy) and hereditary occupations barred social mobility. Scriptural texts such as Manusmriti made defiance of the order of caste as sinful, assuring long term domination. Thus, Varna (Ideal Four-fold Division) Evolved into Jathi (Birth Based Caste System) THE LEGAL ANCHOR: ARTICLE 17: Article 17 is a basic right under part 3 of the Indian Constitution that prohibits and abolishes the practice of untouchability in any form. Further in the case of Jai Singh v. Union Of India1 and Devrajiah v. B.Padmanna 2, the Court ruled that “the word untouchability in Art. 17 does not have a grammatical or literal meaning. Instead, it refers to the historical system of caste based social disabilities. Practices such as social boycotts or exclusions from religious services, unless tied to caste-based discrimination, do not fall within the ambit of Art. 17”. Thus, this article absolutely abolishes untouchability in the form of social disability arising out of it. Though this article was self-executory, it faces significant challenges in implementation, including its vague definition and the deep-seated nature of caste-based prejudice. Thus, this mandate led directly to the enactment of two statutory regimes that criminalises caste-based humiliation and violence. The Protection of Civil Rights Act,1955: It was originally titled as The Untouchability (offences) Act,1955 but later on in 1976 it was renamed thus reflecting a shift in focus from mere “offences” to the “Protection of civil right”. -Section 4 of this act criminalises “the prevention of a person from entering into a hospital, public eatery, or place of public entertainment” on the grounds of untouchability. -Section 5 punishes “the denial of access to any public utility or service, including the use of public amenities like roads, rivers, or crematorium”, based on untouchability. -Section 6 outlaws “the refusal to sell good or services or the denial of practising any profession, trade or businesses to someone” due to untouchability 1 AIR 1993 Raj. 177(India) 2 AIR 1958 Kar. 84, (1958) 36 Mys. L.J. 88 (India) -Section 7 addresses the “compulsion of individuals to do menial jobs like sweeping, scavenging or removing carcasses” due to untouchability. The Act, though undergone many significant changes but it was further supplemented by the most stringent The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act of 1989, which provides enhanced penalties for caste based crimes. The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989: -Section 3 of this act explicitly details the “offences” that qualify as "atrocities" against members of the SC and ST communities. This section applies to any person who is not a member of SC or ST. Acts criminalized under Section 3 -Forcibly drinking or eating any inedible or obnoxious substance. -Dumping waste, carcasses, or excreta on the premises or in the neighbourhood of an SC or ST member. -Forcibly removing clothes, tonsuring a head, or painting the face or body of an SC or ST member in a way that is derogatory to human dignity. -Garlanding an SC or ST member with footwear. -Intentionally insulting, intimidating, or humiliating an SC or ST member within public view. -Abusing an SC or ST member by their caste name in public. -Disrespecting any deceased person held in high esteem by members of the SC or ST community. -Forcing or making an SC or ST member perform manual scavenging. Property and land-related offenses -Occupying or cultivating land belonging to, or assigned to, an SC or ST member in violation of law -Dispossessing an SC or ST member of land or premises in contravention of law -Interfering with the rights of an SC or ST member over land, water, or forest produce -Damaging crops or removing the produce from an SC or ST member's land Sexual exploitation and abuse -Touching an SC or ST woman in a sexual way without her permission. -Using words, acts, or gestures of a sexual nature toward an SC or ST woman. -Forcing or promoting the practice of dedicating an SC or ST woman as a Devadasi. Denial of social and economic rights -Imposing or threatening a social or economic boycott against an SC or ST person or family. -Denying an SC or ST member any customary right of passage to a public place. -Forcibly driving or making an SC or ST member out of his house, or village. -Denying an SC or ST member the use of common property resources or entry into public places of worship, education, or healthcare. THE STIGMA OF SPACE AND MOVEMENT Due to a regressive caste system in many parts of India dominant caste communities impose certain unwritten rules upon lower castes. It includes removing footwear, walking barefoot, dismounting bicycles or motorbikes when they enter a particular street and many more. These are prevalent till today. Real life Scenarios • The New Indian Express in 2023, reported that Dalits are not allowed to wear footwear by members of the dominant community. Further the age-old discriminatory practices of Double Tumbler System i.e tea is served in separate glasses for Dalits.i • In The News Minute, Dec 24,1923 reported that An Arunthathiyar person told TNIE ‘when untouchability was banned after independence, members of the dominant caste conjured up a story to perpetuate the practice, saying that a black magic doll has been buried under the street and if Dalits walked on the street with slippers, they will die within three months. Some Dalits believed those stories and started walking without slippers and the practice continues to this day.’ii • A similar event occurred in Odisha. The New Indian Express (24 Jun 2025) reported that two Dalit men were beaten up, tortured, forced to eat grass, drink sewage on cattle smuggling in Ganjam district. iii • The Times of India, March 2025 reported that A Dalit groom was assaulted and threatened with death if he did not dismount his horse during a wedding procession in Agra, UP.iv • India Today Sep, 2025 reported that in Kollangaraj village, Tamilnadu, Dalit students were blocked from walking on a recognized common public lane (vandi pathari) by an elderly woman, forced to take a much longer detour. v • Times of India, May 2025 reported that in Mahoba (UP), upper caste individuals reportedly forced a Dalit groom and his family to remove their slippers while walking past them on the way to a temple. When the groom resisted, violence followed.vi These lists are unending; it shows that practice is not isolated but a recurring