11 Equality : III- Articles 17,18

Dr. Anjali Bansal Goyal

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Introduction

 

The caste based Indian society has defined a particular code of conduct to persons belonging to every caste. It also sanctified the conduct of persons belonging to a particular caste and their relation to a person or group of persons belonging to upper castes and lower caste with reference to their own caste.1 The disadvantaged sections of the Indian society i.e. Untouchables are the victims of Hindu caste system. They are denied basic human rights and even the status of being a human being.2 In Hindu society, the most powerful instrument in determining a person’s dignity is his caste. Caste system is the result of the Hindu belief of ‘Reincarnation and Karma’. The Hindu religious code of conduct divides the entire society into four major castes i.e. Brahmans (the Priestly Class), Kshatriyas (the Warrior Class), Vaishyas (the Trading Class), Sudras (the Servants).The four castes eventually developed into a social mosaic of 3000 sub-castes, with the Untouchables at the bottom of the list and out of the list in particular. Such rigid caste system is not found anywhere in the world except in India. If a person is born into a caste, his status is predetermined and immutable. Birth decides one’s status and this cannot be altered even by the potential and skill possessed by the individual. Similarly, the caste in which a person is born predetermines the vocation which that person will pursue. Thus, birth decides the occupation of the person. This caste system discriminates the human persons and stratifies them into different groups.3 Many social reformers have worked against the caste system and untouchability.4 Ambedkar provided constitutional guarantees and protections for a wide range of civil liberties for individual citizens, including freedom of religion, the abolition of untouchability and the outlawing of all forms of discrimination. India’s lawmakers hoped to eradicate the socio-economic inequalities and lack of opportunities for India’s depressed classes through this measure, which had been originally envisioned as temporary on a need basis.

 

2. Learning Outcome

 

2.1 Relation between the caste based Indian society and problem of untouchability

 

2.2 Legislative and Judicial efforts to deal with this problem.

 

3. Problem of Untouchability and Article 17 of the Constitution

 

Untouchability is a direct product of the caste system. It is not merely the inability to touch a human being of a certain caste or sub-caste. It is an attitude on the part of a whole group of people that relates to a deeper psychological process of thought and belief, invisible to the naked eye, translated into various physical acts and behaviours, norms and practices.6 Article 17 abolished „Untouchability‟ and forbids its practice in any form. It further declares that „the enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law.‟7 The subject matter of this Article is not untouchability in its literal or grammatical sense but the practice as it has developed historically in India. Thus, it was a product of the Hindu Caste System, according to which a particular section amongst the Hindus had been looked down as Untouchable by the other sections of that society.8 It would not be wrong to say, therefore that the provisions of the Construction granting equal rights to the Scheduled Castes embodied the dreams of Ambedkar, who without doubt was the greatest emancipators of the Untouchables in modern India. He strove for the upliftment of the Scheduled Castes, but concentrated on different areas and their work was complementary and supplementary to each other. Ambedkar worked primarily amongst the Scheduled Castes and fought for their political rights to secure for them social and economic justice.9

 

4.The Untouchability (Offences) Act, 1955 and the Protection of Civil Rights Act, 1955

 

Article 17 of the Constitution had abolished untouchability as well as its practice in any form. Untouchability means the practices evolved as social restrictions in sharing food, access to public places, offering prayers and performing religious services, entry in temple and other public places and denial of access to drinking water sources, etc. The Parliament had enacted the Untouchability (Offences) Act, 1955 in order to implement the mandate of Article 17. This Act contained a significant provision that where any of the forbidden practices “is committed in relation to a member of a Scheduled Caste” the Court shall presume, unless the contrary is proved, that such act was committed on the ground of “Untouchability”. This implied that the burden of the proof lies on the accused and not on the prosecution. After its commencement, there was a general feeling of dissatisfaction as the legislation failed to serve the purpose for which it was enacted. The punishments awarded under the Act were not adequate. Therefore, a Committee was appointed by the Government of India in April 1965 under the Chairmanship of Shri Ilaya Perumal to study, inter-alia, problems of Untouchability vis-a-vis the working of the Untouchability (Offences) Act, 1955 and to suggest changes therein. The Committee‟s report was submitted in 1969.10 In 1976, the Parliament amended the Untouchability (offences) Act 1955 which was renamed as the Protection of Civil Rights Act, 1955.

 

 

6. Abolition of Titles

 

Clause (1) of Article 18 abolishes titles. It prohibits the State from conferring titles, except military or academic distinctions, on any person whether a citizen or a non citizen. Clause (2) of Article 18 prohibits a citizen of India from accepting any title from a foreign State. Clause (3) prohibits a person, not being a citizen of India, but holding any office or trust under the State, from accepting any title from any foreign State without the consent of the President. Clause (4) further prohibits such a person from accepting any present, emolument or office of any kind from or under any foreign State, without the consent of the President. Clause (3) and (4) has been added with a view that a person not being a citizen of India should remain loyal to the State and should not commit the breach of trust reposed in him.

 

Article 18 does not provide any penalty for its contravention. It was observed by Dr. Ambedkar, the Chairman of the Drafting Committee of the Constituent Assembly that the Parliament would have constitutional power to make a law prescribing the penal consequences in case of violation of the provisions contained in Article 18. One of the penalties might be loss of the right of citizenship by that individual. Article 18 does not prohibit the State from conferring military or academic distinctions like Bharat Ratna, Padam Vibhushan, Padam Shri etc. They are conferred in recognition of good work done by citizens in various fields.

 

In Balaji Raghavan v Union of India,11 the Supreme Court discussed the issue that whether the Awards, Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma Shri known as “The National Awards”) are “Titles” within the meaning of Article 18(1) of the Constitution of India. It was held that National Awards do not amount to be titles within the meaning of Article 18 (1). They should however not be used as suffixes or prefixes.12 The theory of equality does not mandate that merit should not be recognized. Article 51A of the Constitution speaks of the fundamental duties of every citizen of India. In this context, we may refer to the various clauses of Article 51A and specifically clause (j) which exhorts every citizen “to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavour and achievement.” It is, therefore, necessary that there should be a system of awards and decorations to recognize excellence in the performance of these duties.13 Thus, the court directed that a high level committee should be appointed to look into the existing guidelines for conferring these National Awards.In the end, it is submitted that giving of such awards is also permissible under the Constitution. The object is to establish an egalitarian society woven into the ideal of social justice enshrined in the Preamble to the Constitution.

 

7. Summary

  • Indian Society is mainly divided into four castes i.e. Brahmans (the Priestly Class), Kshatriyas (the Warrior Class), Vaishyas (the Trading Class), Sudras (the Servants).
  • Untouchability is a direct product of the caste system.
  • Article 17 abolished „Untouchability‟ and forbids its practice in any form.
  • The Parliament amended the Untouchability (offences) Act 1955 which was renamed as the Protection of Civil Rights Act, 1955.
  • Article 18 prohibits the State from conferring titles on any person whether a citizen or a non citizen.
  • It does not prohibit the State from conferring military or academic distinctions like Bharat Ratna, Padam Vibhushan, Padam Shri etc.

 

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(E) Web links

  • http://navsarjan.org/navsarjan/dalits/WhatIsUntouchability http://dalitmarch.org/untouchability-offences-act-1955.html
  • http://www.preservearticles.com/201105096379/essay-on-the-problems-of-untouchability-in-india.html
  • http://www.indianetzone.com/26/problem_untouchability_indian_history.htm
  • http://www.sabrang.com/leaction/dalitrights.pdf
  • http://orissa.gov.in/emagazine/Orissareview/April2006/engpdf/Issue_of_untouchability.pdf
  • http://shodhganga.inflibnet.ac.in:8080/jspui/bitstream/10603/13736/6/06_chapter%201.pdf
  • http://www.arvindguptatoys.com/arvindgupta/movement-shah.pdf