AN ANALYSIS OF ARTICLE 17 OF THE CONSTITUTION OF INDIA IN LIGHT OF UNTOUCHABILITY IN INDIA- A COMPARATIVE STUDY WITH JAPAN

Virali Joisher,

Student at Kirit P Mehta School of Law NMIMS Mumbai

Best Citation – Virali Joisher, An Analysis of Article 17 of the Constitution of India in light of Untouchability in India- A comparative study with Japan, 2 ILEMJ 15, 2022.

Introduction

The caste system is nothing but a reflection of rigid social inequality in the garb of social organization and societal values. As far as social organization is to be considered, the caste system divides the society into groups in different hierarchical ranks thereby legitimizing the idea of inequality in society due to the concepts of ‘purity and pollution.’ In India, and specifically in Hindus, between 1000 and 1500 BC, when the Aryans invaded the land beyond the Indus river valley, that is when the caste system saw the light of the day. During this period, the sacred texts from the Rig Veda prescribed the Hindu society to be classified into four ‘Varnas’ or classes i.e. Brahmans, who were priests and teachers, Kshatriyas, who were warriors, rulers, and soldiers, Vaishyas, who were artisans, traders, and cultivators, and lastly Shudras, who were servants and peasants. In Hinduism, the concept of caste refers to smaller sub-groups defined by subtle distinction of birth, intermarriage and occupation. Hence, caste was absolutely an ‘Ascribed Status.’ A person’s caste was the determining factor of their respective position, rights, duties, occupation, and status. Any individual cannot change his/her caste and that is why the caste system is a rigid form of stratification which is absolutely binding. The caste system restricts the mobility of an individual in the society which leads to several social evils. It has been established that the caste system birthed the social catastrophe of untouchability.