Untouchability: From The 1948 Constituent Assembly Debate To The 21st Century

Introduction:

“I am of opinion that in believing that we are a nation, we are cherishing a great delusion. How can people divided into several thousands of castes be a nation?”

Dr. B.R Ambedkar

On 29^th November 1948, the Constituent Assembly debated enforcing Article 11 (now Article 17) which aimed to abolish “untouchability”. Mr. Naziruddin Ahmad moved the court with an amendment stating that no man or woman shall be regarded as an “untouchable” on account of his religion or caste, and its practice in any form should be made punishable by law.[1]

Concept of Untouchability

Untouchability is the exclusion of a group of “low” caste people deemed as “untouchables” from the “high” caste people. This phenomenon is a result of the caste system that was and is still prevalent in India. The lowest class, Shudras, also known as “Dalits”, are the untouchables, and these outcast groups are barred from participating in the community’s religious and social life and are relegated to menial occupations that were deemed unclean, such as animal slaughter and leatherworking.[2] Sukhadeo Thorat explains that “The rights and privileges of higher castes, become the disabilities of the lower castes, particularly the untouchables.”[3] It was important to uplift the lower caste community after independence so that everyone unites and works towards a better future for India. Gandhi Ji and Dr. B.R Ambedkar realized that it was important to fight for the rights of the untouchables and also remove this tag from them. They took certain steps too in order to achieve this. Even though many scholars argue that the caste system is a myth and untouchability has become irrelevant (as told by Gopal Guru in his book Untouchability in India)[4], this article talks about the constituent assembly debate on untouchability and enforcement of Article 17.

Constituent Assembly Debate on Untouchability

On November 29, 1948, a constituent assembly took place where a number of articles were being drafted which were to be included in the constitution. The Constituent Assembly of India met in the Constitution Hall, New Delhi, at Ten of the Clock, Mr. Vice-President (Dr. H. C. Mookherjee) in the Chair. One of them was on abolishing untouchability which was Article 11 at that time. Mr. Naziruddin Ahmad moved the assembly stating that no person shall be treated or labeled as an untouchable irrespective of their caste, color, religion, and its adherence in any form may be rendered illegal. He further explained that the word “untouchable” has no definite legal meaning, and it may lead to misunderstanding in legal expression. Further, he clarified that the word untouchability is not applied to humans but can be applied to various objects for example certain kinds of food to Hindus and Muslims. In the end, Mr. Ahmad said that the word Untouchable is rather loose, and that’s why he wants to give it a better shape so that no person on account of their religion, color, or caste be termed as untouchable.[5]

Shri V. I. Muniswamy Pillai brought out that abolition of untouchability will go a long way and will help the unfortunate communities to find solace against the injustice they have faced. A large chunk of the population will benefit and welcome the introduction of the abolition of untouchability. Furthermore, he says that a distinct section of society has been brought under the rope of untouchability under the tyranny of the Hindu caste system, who consider themselves as upper caste and consider themselves as landlords and zamindars, have prohibited the untouchables everyday basic necessary facilities required for the human being to live. Shri Pillai concludes by saying that the adoption of Article 11 will elevate the scheduled class men in the society, and they will create a place for themselves in the society.[6]

Dr. Mono Mohan Das suggested that removal of untouchability must be an important fundamental right. He explained that the lower caste must be saved from the perpetual subjugation and despair and disgrace they have to face, but also should not get any special privileges and safeguards. He spoke about how millions of Indians have been thrown into the dark abyss of gloom and despair because of the custom of untouchability and has also damaged the vitality of India. He wanted untouchability to be made punishable by law and stated that 29^th November will go down in history as a memorable day for the untouchables as they say of deliverance, as the day of resurrection of many Indians who live in this country. Dr. Das recalls the words of Mahatma Gandhi, a man with an agonized heart, full of love and sympathy for the “Harijans”, the downtrodden masses. Gandhi Ji said, “I do not want to be reborn, but if I am reborn, I wish that I should be born as a Harijan, as an untouchable, so that I may lead a continuous struggle, a lifelong struggle against the oppression and indignities that have been heaped upon these classes of people.” He explained that unless untouchability is abolished, “Swaraj” will be meaningless for Indians.[7]

Shri Santanu Kumar Das was of the opinion to abolish the social inequality, stigma, and disabilities in society. He stated that there is no point debating over such a topic and demanded the framing of laws to abolish untouchability.[8]

Shrimati Dakshayani Velayudhan brought out that we cannot have a constitution without amendment of the abolition of untouchability as the chairman of the drafting committee Dr. B.R Ambedkar himself was from a lower caste. She recalls her school days saying the even then untouchability was practiced everywhere be it school or a party or anywhere. She further explained that to put an end to untouchability, proper propaganda is needed by both the Central and Provincial governments. Only then will we be able to see the change we wish. [9]

Lastly, Professor K.T Shah had some different views on untouchability which he presented before the assembly. He claimed that the word untouchability is nowhere defined. This results in a lack of clarity of its meaning and usage and the effect it will have. He gave an example, saying that if a person is suffering from a communicable infectious disease and is under quarantine, he/she will be regarded as untouchable. In this case, the use of the word untouchable is not constitutional. Here usage of the word untouchability is different in different situations and thus suggested to make some changes.  He advised the assembly to use different words to depict the use of Untouchability. But Dr. Ambedkar did not accept his suggestion and later on abolition of untouchability was passed under Article 11 of the constitution. [10]

Based on the viewpoints of all the speakers except Professor Shah, we conclude that everyone was on the same page, to abolish untouchability. Apart from the members of the constituent assembly, many other leaders supported the abolition of untouchability. Periyar E. V. Ramasamy was an activist who also fought against untouchability and believed that a few wily people introduced the caste system to dominate the society. Periyar played a crucial role in fighting against untouchability in South India. He started many movements such as the “self-respect” movement and the anti-Hindi agitation movement. Periyar was in support to abolish untouchability and considered the passing of passing of Article 11 as a win for all his work done. K. R. Narayanan, India’s first “untouchable president”, rose from the barricades of casteism to become India’s president. “At his inaugural, Narayanan condemned “caste-ism”‘ and said the election of “someone who has sprung from the grassroots of our society . . . is symbolic of the fact that the concerns of the common man have now moved to center stage”.[11] Jawaharlal Nehru and Rabindranath Tagore too always opposed untouchability and wrote many articles and books about it. It was a correct and important decision so as to ensure equality in society. But even today, after 75 years of Independence, the practice of untouchability still takes place.

Untouchability in The 21^st Century

In India, more than 160 million people are classified as “Untouchables”. These are people tainted by birth into a caste system that considers them filthy and inhumane. In the modern-day, the term Dalit is used to refer to the untouchables. The Dalits have to face all sorts of atrocities every day, from doing dirty labor jobs to getting raped and murdered. According to a report by NCRB, more than 40000 Dalits had to face discrimination in some sort of way in 2016. [12]In 2019, more than 13000 Dalit women faced assaults in form of rape, striping, and kidnapping.[13] In the case, Tuka Ram and Anr vs State of Maharashtra[14], Mathura, a Dalit woman of a lower caste was raped by two policemen in the police station. She was called to the police station for some questioning along with some other members. While they were leaving, the policemen told her to stay back and raped her. On 14^th September 2020, a 19-year-old girl was raped by 4 upper caste men in the Hathras District of U.P while she was collecting fodder from the field. She later died because of the brutal rape that the 4 men had done and was forcefully cremated by the U.P police early in the morning without even informing her family or their consent.[15] The only sin these two innocent girls had committed was being born in a Dalit family. The untouchables are treated as outsiders by the upper caste, and they are not even allowed to use basic public facilities such as the village well, temple, schools, etc. They are given separate facilities for their use which are poorly build, damaged and dirty in the outskirts of the villages. If they try to use the common facilities, they are beaten to death and are considered to have polluted the area.

Conclusion

Since independence, Dr. B.R Ambedkar and Mahatma Gandhi have fought continuously for the rights of the untouchables and to abolish untouchability. Ambedkar was himself born into a low caste family but went up to become the first law minister of Independent India and pass the article to abolish untouchability. He became the spokesperson of the backward classes and also sought reservations for them to rise and get equal rights. He also joined Gandhi in the Harijan movement, which denounced societal injustices experienced by India’s lower classes.[16] Gandhi Ji coined the term “Harijan” for the lower caste which meant “men of God” in support of the untouchables. Gandhi Ji famous quotes “This religion, if it can be called as such, stinks in my nostrils. This certainly cannot be the Hindu religion. I shall put up a lone fight, if need be, against this hypocrisy…the dirt that soils the scavenger is physical and can be easily removed…” and “I do not want to be reborn, but if I am reborn, I wish that I should be born as a Harijan, as an untouchable, so that I may lead a continuous struggle, a lifelong struggle against the oppression and indignities that have been heaped upon these classes of people”, came out in support of the untouchables and broke the stigma against the untouchables.[17] Several acts such as the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, which prohibit discrimination and crimes against the lower caste, The Protection Of Civil Rights Act, 1955, and Article 17 of the Indian Constitution prohibit the practice of untouchability. We still have a long way to go to eliminate the caste system from India and give the life and rights the lower caste people deserve.

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References:

[1] Constituent Assembly Debate Volume-VII 1948 (9^th Dec1946-24^th Jan 1950)

[2] Dalits, Minority Rights Group (2021), https://minorityrights.org/minorities/dalits/ (last visited Aug 16, 2021).

[3] Sukhadeo Thorat, Oppression and Denial: Dalit Discrimination in the 1990s, 37 Economic and Political Weekly 572–578 (2002).

[4] EPW ENGAGE, Untouchability in India: A reading list Economic and Political Weekly (2021), https://www.epw.in/engage/article/untouchability-india-reading-list (last visited Aug 16, 2021).

[5] Supra note 1

[6] Id

[7] Id

[8] Id

[9] Id

[10] Id

[11] The Irish Times, Indian leader who rose from lowest caste The Irish Times (2013), https://www.irishtimes.com/news/indian-leader-who-rose-from-lowest-caste-1.519879 (last visited Aug 22, 2021).

[12] SHEIKH SAALIQ & ADRIJA BOSE, Documenting violence against dalits: One assault at a time: A news18.com immersive News18 (2017), https://www.news18.com/news/immersive/documenting-violence-against-dalits-one-assault-at-a-time.html (last visited Aug 18, 2021).

[13] http://cdn.ipsnews.net/Library/2020/11/PDF-FILE-1-NCRB-LATEST-CRIME-DATA.pdf

[14] 1979 AIR 185, 1979 SCR (1) 810

[15] Special Correspondent, Hathras victim WAS gang-raped, murdered: CBI The Hindu (2020), https://www.thehindu.com/news/national/other-states/hathras-case-cbi-invokes-charges-of-gangrape-and-murder-against-four-accused/article33363072.ece (last visited Aug 18, 2021).

[16] India Today Web Desk, Ambedkar’s fight to ABOLISH untouchability in India: Why we should know about it India Today (2019), https://www.indiatoday.in/education-today/gk-current-affairs/story/ambedkar-against-untouchability-318001-2016-04-14 (last visited Aug 18, 2021).

[17] Aishwaryaa R, ‘Vaishnava Jana To’: Mahatma Gandhi’s fight against untouchability Deccan Herald (2020), https://www.deccanherald.com/national/vaishnava-jana-to-mahatma-gandhis-fight-against-untouchability-896126.html (last visited Aug 18, 2021).