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Research Paper

This research paper analyzes the persistence of untouchability in modern India despite constitutional protections under Article 17, which abolishes the practice. It examines the prevalence of caste-based discrimination from 2015 to 2025, highlighting significant incidents of violence and social exclusion, particularly against Dalits. The study emphasizes the gaps in legal enforcement, societal resistance, and the role of social movements in advocating for caste equality and human rights.

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0% found this document useful (0 votes)
10 views10 pages

Research Paper

This research paper analyzes the persistence of untouchability in modern India despite constitutional protections under Article 17, which abolishes the practice. It examines the prevalence of caste-based discrimination from 2015 to 2025, highlighting significant incidents of violence and social exclusion, particularly against Dalits. The study emphasizes the gaps in legal enforcement, societal resistance, and the role of social movements in advocating for caste equality and human rights.

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AN ANALYSIS OF THE PREVALENCE AND PERSISTENCE OF

UNTOUCHABILITY IN MODERN INDIA: CASE-BASED


STUDY (2015–2025)

Mr. Avinash Nimburkar


Research scholar
Department of political science,
RTMNU, Nagpur

Abstract

India is the largest democracy in the world, celebrating its Amrit Mahotsav of Azadi. It's been 75
years, but we still lag so far behind. Article 17 of the Indian Constitution abolishes untouchability and
prohibits its practice in any form, this practice is illegal under the Untouchability (Offences) Act of 1955
(Protection of the Civil Rights Act. 1976). This research paper explores the untouchability practiced in
India, tracing its level of intensity in 28 states and union territories. Additionally, by tracing the fields
where the untouchability practice is very commonly. Despite this constitutional safeguard, caste-based
untouchability persists in society. The study critically examines violations of Article 17 from 2015 to
2025, analyzing cases of caste-based violence, social exclusion, and systemic discrimination. Using case
studies, media reports, and policy analyses, this paper identifies patterns in the enforcement and
violation of Article 17. It highlights significant incidents, including caste-related atrocities,
discrimination in educational institutions, and challenges faced by Dalits in accessing public spaces and
resources. The research also assesses the role of law enforcement agencies, judiciary responses, and the
impact of social movements advocating for caste equality. The findings indicate that while legislative
measures exist, gaps in implementation, judicial delays, and societal resistance hinder the eradication of
untouchability in practice.

Keywords: Article 17, Untouchability, Atrocity, Legal Enforcement, Human Rights Violations.

Introduction:
Untouchability (Asprushyata) means persons who belong to the upper caste do not touch a person
who belongs to lower caste, a deeply entrenched form of caste-based discrimination, has been a defining
feature of Indian society for centuries. Rooted in the hierarchical varna system, it led to the systemic
exclusion of Dalits, Balmikis, and other marginalized communities, depriving them of basic human rights,
dignity, and access to social, economic, and political opportunities. Recognizing the historical injustices
and the need for social reform, the framers of the Indian Constitution included Article 17, which
explicitly abolishes untouchability and prohibits its practice in any form. This constitutional provision
marked a significant step toward ensuring equality and justice for historically oppressed communities.
Despite this legal safeguard, violations of Article 17 persist in contemporary India. Reports of caste-
based violence, discrimination in education and employment, and the denial of access to public spaces
continue to surface, highlighting the gap between constitutional ideals and ground realities. Between 2015
and 2025, numerous incidents of caste atrocities, honor killings, and institutional bias against Dalits and
Scheduled Castes have been reported, raising concerns about the effectiveness of legal enforcement. The
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, designed to address caste-
based violence, has often faced challenges in implementation due to institutional apathy and social
resistance. This paper critically examines the constitutional mandate of Article 17, and its enforcement in
the modern era.
It focuses on documented violations of Article 17 between 2015 and 2025, analyzing legal
frameworks, judicial responses, and socio-political challenges that hinder the complete eradication of
untouchability. By evaluating landmark cases and government policies, this study aims to assess the
effectiveness of existing mechanisms in combating caste discrimination and propose measures to
strengthen the legal and social response to violations of Article 17. In doing so, this research seeks to
contribute to the broader discourse on caste equity, social justice, and human rights in India, emphasizing
the urgent need for stronger policy measures and societal reforms to uphold the constitutional promise of
equality for all citizens.

Objectives:

1) To Study the historical origins of untouchability in India.


2) To investigate the prevalence of untouchability in India from 2015 to 2025.
3) To understand the constitutional mandate of Article 17.
4) To evaluate the effectiveness of legal and policy measures.
5) To assess the role of law enforcement and the judiciary.
6) To explore the role of social movements and activism.

Research Methodology:
This research paper employs a descriptive research approach, analyzing selected incidents in India.
The study draws on findings from NGO reports, data from the National Crime Records Bureau (NCRB),
judicial remarks, and general observations.

Prevalence of Caste based Untouchability in India


Caste, an ancient system of social hierarchy based on purity and heredity, remains a sensitive topic
in India, as discussing it involves addressing the privileges of upper castes and the role of Indian society.
India banned caste-based discrimination in its Constitution after independence in 1947, specifically under
[1]
Article 17 (India, 2025), which came into effect in 1950. Despite this, untouchability has persisted as a
significant social issue. Between 2015 and 2025, various incidents and discussions underscored both the
ongoing challenges and efforts to combat caste-based discrimination, particularly against Dalits and other
marginalized communities. In 2021, the National Crime Records Bureau (NCRB) reported that the
highest number of cases (18,428, or 32.0%) were registered under ‘simple hurt,’ followed by cases of
[2]
criminal intimidation at 9.2% (5,274 cases) (NCRB, 2025) and cases under the SC/ST (Prevention of
Atrocities) Act at 8.2% (4,703 cases). These cases often involved violence and exclusion linked to
untouchability practices. Such incidents were particularly prevalent in rural areas of states like Uttar
Pradesh, Bihar, and Rajasthan, where upper-caste groups were frequently implicated in enforcing social
hierarchies. For instance, reports from this period documented cases where Dalits were denied entry to
temples or access to common water sources, highlighting the deep-rooted nature of caste-based
discrimination.
Even India’s esteemed institutions are not immune to or fully sensitized about preventing violence
against Dalits. Untouchability persists in schools, where the foundation of a new India is shaped. In
August 2022, In Jalore, Rajasthan, a nine-year-old student, Indra Meghwal, from Saraswati Vidya
Mandir, was beaten by his teacher. The boy’s crime was drinking water from a vessel apparently reserved
for his teacher, an upper-caste male.[3] (PUNIYANI, 2025)
Similar incidents have occurred in the past. On August 2, 2007, under the jurisdiction of Cholapur
police station in Harnhuwa block, Varanasi district, Uttar Pradesh, an eight-year-old Class 2 student at
Shivrampur Government Primary School, Suresh, faced discrimination. During a lunch break, Suresh
returned home and came back to find his bag missing. He reported this to his teacher, Ms. Sangeeta
Agarwal. The bag could not be traced that day, but on August 4, 2007, Ms. Agarwal returned it to Suresh.
She then questioned why Suresh was concerned about his missing bag and books, remarking that
.[4](
members of his community would inevitably end up rearing cattle and working for upper castes
(council, 2007)
Another incident occurred in 2019 [5] (Mishra, 2025) in Satna district, Madhya Pradesh, involving
three students from the Domar community, the same community as Dr. Bhimrao Ambedkar. These
students stopped attending school months before the summer vacation and did not return afterward. They
claimed that during vacations, they could roam freely in the school and even touch the hand pump, but
during school days, they were prohibited from doing so due to untouchability. One girl from the Domar
community found mud in her mid-day meal and suspected it was deliberately placed. Another girl from
the same school spoke about the discrimination they faced from other communities. While they could
protest against peers, they felt powerless when teachers engaged in such behavior. Teachers at the school
instructed them to sit at least four feet away from other students. These examples illustrate how
untouchability continues to be practiced in the schools of independent India.
Untouchability is also practiced in daily-need professions, where lower castes such as Mahar,
Balmiki, Chamar, Bhangi, and Domar, among others, face severe discrimination in accessing services
from other communities in rural India. In July 2019 [6] (sharma, 2019), members of the Salmani Muslim
community in the Bhojpur area of Moradabad refused to cut the hair of individuals from the Balmiki
community, who are classified as Dalits and predominantly engaged in traditional occupations such as
sweeping and manual scavenging.
A similar incident occurred in Tikamgarh, Madhya Pradesh, where several villagers in Hiranagar
lodged a police complaint urging authorities to act against barbers who refused to cut the hair or shave the
beards of people from the Banasakar community [7] (ETV Bharat English Team, 2025). In another case
from the same state, Munna Bansal, a 60-year-old Dalit man, was prohibited from entering the homes of
upper-caste people. When selling his baskets, Munna placed them on the ground, and upper-caste
individuals would pick them up and pay from a distance without touching him [8] (sandeep, 2022). These
examples are not limited to northern India; untouchability also prevails in southern India. In Pappanadu,
Thanjavur district, Tamil Nadu, police arrested a barbershop owner in Kulamangalam village who
allegedly refused to provide haircuts to people belonging to Scheduled Castes after complaints of
untouchability were raised[9] (Express News Service, 2022).
Additionally, as sitting on horses is considered a privilege reserved for upper castes, Dalit
bridegrooms riding horses have challenged caste barriers. Over the past few years, Dalit weddings have
been disrupted by upper-caste groups in Rajasthan, Uttar Pradesh, and Gujarat. In Jhalawar, Rajasthan,
armed police were deployed to ensure a Dalit groom could ride a horse during his wedding rituals in
Gurdiya Bharta village under Bhawani Mandi police station, with the ceremony taking place under police
surveillance[10] (Mahir, 2024)
On February 26, 2025, in West Bengal, Dalit families, traditionally cobblers and weavers, faced
strong opposition when attempting to enter a temple on Mahashivratri. For centuries, they were barred
from temple entry, and in this instance, they were forced to leave and faced economic boycotts.
Determined to worship, the families sought assistance from the administration. [11] (India T. T., 2025) by
examining examples from all 28 states and union territories of India, it is evident that untouchability
practices persist across the country, from northern to southern India, with the notable exception of some
northeastern states.
The most severe conditions are observed in Rajasthan, Uttar Pradesh, and Madhya Pradesh.
According to a 2016 survey by Social Attitudes Research, India (SARI), 50% of respondents in urban
Rajasthan admitted to practicing untouchability, as did 48% in urban Uttar Pradesh and 39% in Delhi .[12]
(INDIAN EXPRESS, 2018) A subsequent survey indicated that nearly two-thirds of the population in
rural Rajasthan and rural Uttar Pradesh still practice untouchability, and half the population in these areas
opposes inter-marriages between Dalits and non-Dalit Hindus.
Article 17 of the Constitution of India states, Untouchability is abolished, and its practice in any
form is forbidden. The enforcement of any disability arising out of untouchability shall be an offence
punishable in accordance with law. Enacted on January 26, 1950, as part of the fundamental rights
enshrined in the Constitution, this article reflects India’s commitment to eradicating the historical practice
of untouchability, a social evil rooted in the caste system. It seeks to ensure equality and dignity for all
citizens, particularly those from marginalized communities, such as Dalits and Scheduled Castes, who
have faced systemic discrimination. The mandate of Article 17 is twofold: it abolishes untouchability
outright and prohibits its practice in any form, whether in public spaces or private interactions.
Additionally, it empowers the state to enact laws to enforce this provision, making violations punishable.
The Protection of Civil Rights Act, 1955, and the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, are legislative measures that operationalize Article 17 by prescribing penalties for
acts of discrimination or violence stemming from untouchability. In the context of the incidents described
earlier—such as barbers refusing services to Dalits in Moradabad, Tikamgarh, and Thanjavur, or the
exclusion of Munna Bansal from entering upper-caste homes—Article 17 serves as a constitutional
safeguard. It declares such practices illegal and provides a legal basis for affected individuals to seek
justice. However, the persistence of these incidents highlights a gap between the constitutional mandate
and its effective implementation, underscoring the challenges of dismantling deeply entrenched social
attitudes, particularly in rural India.
Between 2015 and 2025, judicial activism related to Article 17 has primarily manifested through
Public Interest Litigations (PILs) and cases addressing caste-based discrimination and social exclusion
tied to the historical practice of untouchability. Courts have utilized their authority to enforce laws, issue
directives, and reinterpret rights, balancing their constitutional duties with accusations of judicial
overreach. While these efforts have heightened accountability, the deep social roots of untouchability
remain a challenge beyond the judiciary’s reach. On October 3, 2024, a Division Bench comprising Chief
Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra delivered a judgment directing
the Union government and states to revise their prison manuals and rules to address caste-based
discrimination in prisons. The court noted that existing manuals and rules violated Articles 14, 15, 17, 21,
and 23 of the Constitution. [13] (sebastian, 2024) The Union government was further directed to make
appropriate amendments to the Model Prison Manual, 2016, and the Model Prisons and Correctional
Services Act, 2023. The judgment highlighted that multiple practices and procedures in Indian prisons
have perpetuated caste-based discrimination, most notably in the division of manual labor, the segregation
of barracks, and specific provisions in prison manuals across states that discriminate against prisoners
from Denotified Tribes (DNTs).
Social movements and activism have played a pivotal role in the fight to eradicate untouchability
in India, complementing and often driving judicial and legislative efforts tied to Article 17 of the Indian
Constitution. Untouchability, deeply embedded in caste hierarchies, has historically marginalized
communities labeled as ‘lower castes’ particularly Dalits. Although the Constitution abolished
untouchability in 1950, its eradication has required sustained grassroots pressure, public awareness, and
resistance against entrenched social norms. Social movements have evolved, leveraging both traditional
protest methods and modern tools, such as social media, to challenge violations of Article 17 and
advocate for systemic change. One prominent example is the sustained activism around manual
scavenging, a practice intrinsically linked to untouchability. The Safai Karamchari Andolan (SKA) [14]
(indiankanoon, 2014) led by Bezwada Wilson, gained significant traction during this decade. Building on
its 2014 Supreme Court victory, SKA mobilized workers, families, and supporters to expose the
persistence of manual scavenging despite legal bans under the Prohibition of Employment as Manual
Scavengers and Their Rehabilitation Act, 2013.
Social media significantly amplified these efforts. Platforms such as Twitter (now X) and WhatsApp
became vital tools for organizing and raising awareness. The #DalitLivesMatter hashtag, inspired by
global movements, trended in 2020 following a series of caste-based atrocities, connecting local struggles
to an international audience. Activists shared videos, testimonies, and data, such as the National Crime
Records Bureau’s (NCRB) report of 50,291 crimes against Scheduled Castes in 2021, making the
persistence of untouchability undeniable. By 2025, online campaigns had matured, with organizations like
the National Campaign on Dalit Human Rights (NCDHR) using digital petitions to lobby for stronger
enforcement of Article 17.In essence, social movements and activism from 2015 to 2025 served as
catalysts, exposing modern manifestations of untouchability, mobilizing communities, and
complementing judicial efforts. They bridged the gap between constitutional ideals and lived realities,
demonstrating that eradicating untouchability requires not only legal measures but also relentless societal
pressure. While complete eradication remains elusive, these efforts have undeniably weakened the
foundations of caste, reshaping India’s social fabric one protest at a time.

Conclusion:
Despite the constitutional mandate and the establishment of a robust legal framework, India has
not succeeded in eradicating the practice of untouchability. The deeply entrenched varna system, rooted
in hereditary social hierarchies, has fostered resistance to changing societal mindsets. Despite the literacy
rate of Indian society continuously increasing, India's failure to vanish untouchability from its society.
Eradicating untouchability in India requires the active participation of a sensitized society. To sensitise
Indian society, India needs to introduce human values and ethics in its education system. India must
reform its education system to incorporate human values and ethics as core components of the curriculum
at all levels, from primary to higher education. Such a curriculum should emphasize principles of
equality, dignity, and respect for all individuals, regardless of caste, creed, or social status. It should
include modules on the historical and social consequences of untouchability, and the contributions of
reformers like Dr. B.R. Ambedkar, and the importance of constitutional values in building an inclusive
society. Pedagogical approaches should encourage critical reflection, dialogue, and experiential learning,
such as community engagement programs that expose students to diverse social realities. By fostering
empathy and a sense of shared humanity, education can play a transformative role in reshaping societal
attitudes and dismantling the psychological barriers that sustain untouchability. Without this, India cannot
eliminate the practice of untouchability. Sensitized citizens are key to abolishing untouchability from
Indian society.

Reference:

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1) https://legislative.gov.in/constitution-of-india/

2) https://www.ncrb.gov.in/crime-in-india-year-wise.html?year=2021&keyword=

3) https://www.newsclick.in/india-fall-ambedkar-Jal-satyagraha-indra-meghwal

4) http://www.humanrights.asia/news/urgent-appeals/UA-269-2007/

5) https://www.firstpost.com/india/dalit-children-in-madhya-pradesh-are-forced-to-quit-
school-due-to-harassment-casteism-by-teachers-students-7088581.html

6) https://www.newsclick.in/Untouchability-UP-Village-Balmiki-Community-Denied-Haircut-
Salmani-Muslims

7) https://www.etvbharat.com/en/!state/caste-discrimination-in-bundelkhand-dalit-villagers-
in-tikamgarh-lodge-complaint-against-barbers-enn25020301472

8) https://article-14.com/post/unflagging-unyielding-discrimination-makes-madhya-pradesh-
the-state-with-india-s-highest-caste-crime-rate-636b11cd3b64c

9) https://indianexpress.com/article/cities/chennai/salon-owner-arrested-for-practising-
untouchability-in-tamil-nadu-village-8300944/

10) https://en.themooknayak.com/dalit-news/dalit-groom-ride-a-horse-for-wedding-under-
police-watch-in-rajasthan-why-assailants-target-socially-outcast

11) https://timesofindia.indiatimes.com/india/300-years-on-dalit-families-finally -enter-gidheshwar-


shiv-temple-in-west-bengal/articleshow/118936692.cms
12) https://indianexpress.com/article/india/untouchability-high-in-urban-up-and-rajasthan-
even-delhi-survey-5021282

13) https://indianexpress.com/article/india/untouchability-high-in-urban-up-and-rajasthan-
even-delhi-survey-5021282/

14) https://indiankanoon.org/doc/6155772/

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