Untouchability in India

Untouchability in India: Recently, the Madras High Court held that denying temple festival donations based on caste amounts to untouchability, which is abolished under Article 17 of the Constitution.

  • About Article 17 : Declares the abolition of untouchability and prohibits its practice in any form. Any enforcement of disabilities arising from untouchability is considered a punishable offence under the law.

o Amendment of the Act: In 1976, the Untouchability (Offences) Act, 1955 was amended and renamed the Protection of Civil Rights Act, 1955, broadening its scope and strengthening penalties.

o Civil Rights Definition: The act defines civil rights as those derived from the abolition of untouchability under Article 17.

o Mysore High Court Clarification: 'Untouchability' is not defined constitutionally or statutorily, but the Mysore High Court clarified it refers to social disabilities based on caste, excluding practices like social boycott or exclusion from religious services.

Supreme Court Affirmation: The Supreme Court confirmed that Article 17 rights apply against private individuals, and the State has a duty to prevent violations

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