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CONSTITUTIONAL
LAW-1
TOPIC: ABOLITION OF
UNTOUCHABILITY AND TITLES
( ARTICLE 17&18)

SUBMITTED BY: SUBMITTED TO:

NAME: AYUSH KUMAR GUPTA MRS. POONAM KUMARI
COURSE: B.A. LL.B.
ENROLLMENT: CUSB1813125025
FACULY
CENT
LAW AND GOVERNANCE
SEMESTER : 2ND CUSB
RAL
DEC
UNIVE
LAR
SCHOOL OF LAW AND GOVERNENCE

This is to certify that the project entitled “ABOLITION OF

UNTOUCHABILITY AND TITLES” submitted by AYUSH KUMAR
GUPTA has been successfully produced with the help of class notes and
text books on Indian Constitution and further help from online resources.
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Date of Submission:-…………………… AYUSH KUMAR GUPTA

B.A. LL.B (Hons.)
2nd SEMESTER

CHAPTARISATION

CHAPTER-1
 INTRODUCTION
 UNTOUCHABILITY
 PROVISION UNDER ARTICLE-(17)

CHAPTER-2
 UNTOUCHABLE GROUPS IN INDIA
 CAUSES OF UNTOUCHABILITY IN SOCIETY
 IMPACTS ON UNTOUCHABLES

CHAPTER-3

 UNTOUCHABILITY (OFFENCES) ACT, 1955

 EVIL EFFECTS OF THE PRACTICE OF UNTOUCHABILITY
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 SCs AND STs (PREVENTION OF ATTROCITIES) ACT, 1989

 PRACTICES TO ERADICATE UNTOUCHABILITY

CHAPTER-4
 ABOLITION OF TITLE
 PROVISION UNDER ARTICLE-(18)
 ITS OBJECTIVE
 NATIONAL AWARDS JUSTIFIED

CONCLUSION

BIBLIOGRAPHY

Lis
t of
1. Devrajjah v. Padmanna AIR 1958 Mys. 84

2. People’s Union of Democratic Rights v. Union of India AIR 1982 SC 1473

3. State of Karnataka v. Appa Balu Ingale AIR 1993 SC 1126

4. Jay singh v. Union of India AIR 1993 Raj. 177

5. Balaji Raghavan v. Union of India (1996) 1 SCC 361

6. Venkataramana Devaru v. State of Mysore AIR 1958 SC 255

7. Keshavananda Bharti v. State of Kerala (1973) 4 SCC 225

8. N. Adithayan v. Travancore Devaswom Board (2008) 8 SCC 106

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9. Bangalore W.C. & S. Mills v. Mysore State AIR 1958 Mys 85

10. State v. Gulab Singh AIR 1953 All. 483

ABBREVIATIONS AND ACRONYMS

1. SC…………………………………………………Supreme Court
2. SCC ……………………………………………….Supreme Court Cases
3. P.U.D.Rs. ...……………… ………………………..People’s Union of Democratic Rights
4. A.I.R. ……………………………………………..All India Reporter
5. A.L.J ……………………………………...………Administrative Law Judge

STATUTE
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1. Constitution of India, 1949

2. Untouchability (offences) Act, 1955
3. Protection of Civil Rights Act, 1955
4. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989

CHAPTER-1

INTR
ODU
CTIO
Untouchability is a menace and social evil associated with traditional Hindu society. It is being
practiced since times immemorial and despite various efforts made by social reformers such as Dr.
B. R. Ambedkar; and despite there being provision on abolition of untouchability in our
Constitution under Article 17, the evil is still in practice in our country.

India got Independence on 15th of August, 1947 after long and painful struggle of more
than one hundred years. The struggle was not only against the foreign rule of British but it was also
against the social evils such as untouchability prevailing from centuries. After Independence when
great leaders of freedom struggle agreed to make our own Constitution, it was decided that there
must be provisions under the Constitution regarding the abolition of social evils and upliftment of
down-trodden castes and social groups etc.
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Untouchability outside India: The practice of untouchability is often associated with Hinduism
and believed to be found only in India. But as per encyclopedia.com, it has been prevalent by
different names in Japan (the Buraku), Korea (the Paekchong), Tibet (the Ragyappa), and Burma
(Pagoda slaves). Some societies in Islam are also believed to follow a social classification scheme,
where Ashrafs are given a superior status owing to their aristocratic ancestary, while Ajlafs and
Arzals are confined to menial jobs and are considered “low-born” (source).

It will be illegitimate to conceive that the attribute causing untouchability is the caste system alone.
Besides casteism there are several factors that have contributed to the persisting existence of
untouchability. As J.H. Hutton writes: “The origin of the position of exterior caste is partly a
matter of social custom.”

RECHARCH PROBLEM

 IS UNTOUCHABILITY STILL PRACTICE IN INDIA?

 IS THERE ANY INPACT DUE TO UNTOUCHABILITY?

HYPOTHESIS

AFTER INITIAL OBSERVATION OF THE CONTENT AND THE CONCEPTUAL FRAME OF

REFRENCES OF STUDY, IN THE COURSE OF THE STYUDY SO CARRIED OUT, UNDER
MENTION RESEARCH HYPOTHESIS WERE EXPRESSED

1. THE STEP TAKEN BY JUDICIARY HAS CHANGE THE SCENARIO OF

BACKWARDNESS OF CERTAIN SECTION OF SOCITY
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2. CONSTITUTIONAL BENEFITS GIVEN TO WOMEN, SCHEDULED CASTS AND

SCHEDULED TRIBES UNDER THE PROTECTIVE DECRIMINATION ARE NOT
PROPERLY REACHING THEM

RECHAECH METHOLOGY

LEGAL SCHOLARS INTERESTED IN HAVING INSIGHT INTO POLICY OF

LAW,IMPLEMENTED OR UNDERSTANDING SOCIAL DIMENSION OR ROLE OF LAW,IN
ABSENCE OF THEIR OWN WELL DEVELOPED LEGAL RECHARCH METHOLOGY,
THEY HAVR TO PLACE THEIR RELIANCE ON THE SOCIAL SCIENCE TECNIQUES OF
DATA COLLECTION( SUCH AS INERVIEW,QUESTIONNAIRE,SCHEDULE OR
OBSERVATION) AND RECHARCH METHODOLOGY.THE RECHARCH METHODOLOGY
USED BY RECHARCHER IN THIS RECHARCH WORK IS COMPLETELY DOCTRINAL
RECHARCH METHOD AS NO FIELD WORK IS DONE ON THIS TOPIC.

RECHARCH OBJECTIVE

1. TO STUDY ABOLITION OF UNTOUCHABILITY

2. TO ANALYSE JUDICIAL APPROACH TOWARDS PROTECTIVE DISCRIMINATION OF

SCHEDULED CASTES AND SCHEDULED TRIBES.

UNTOUCHABILITY

Untouchability in simple terms can be understood as a practice whereby a particular class or caste
of persons are discriminated with on the ground of their being born in that particular caste or on
the ground of their being members of those social groups involved in menial jobs. The
discrimination can be in the form of physical or social boycott from the society. For instance: the
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members of so-called higher castes such as Brahmin, Kshatriyas, etc., would not dine or sit with a
person of Bhangi class. It was believed that people of higher castes could become impure even if a
shadow of an untouchable person touches him and to re-gain his purity he had to take a dip into
holy waters of the Ganga.

Untouchables are also known as depressed classes, harijans etc; but today they are more frequently
referred to as ‘Dalits’. In modern times, ‘Dalit’ refers to one’s caste rather than class; it applies to
members of those so-called menial castes which are born with the stigma of “untouchability”
because of the extreme impurity and pollution connected with their traditional occupations. They
are considered impure and polluting and are therefore physically and socially excluded and
isolated from the rest of society.

While untouchables were subjected to all forms of discrimination, they hardly enjoyed any
privileges. The nature, content and incidence of maltreatment of untouchables might have varied in
time and space.

PROVISION UNDER ARTICLE-17

Abolition of Untouchability: “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.

Thus, Article 17 abolishes and forbids untouchability in any form. At the same time, it also makes
it an offence punishable as per the law made by the Parliament.

ITS OBJECTIVE:

The very purpose of this Article is to eliminate discriminatory practices against untouchables/dalits
and keeping the same purpose, Acts have been enacted by parliament to make the provision
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successful. Untouchability (offences) Act, 1955; SCs and STs (Prevention of atrocities) Act, 1989;
and Prevention of civil rights Act, 1955 are the efforts of our country to eradicate the menace of
untouchability.

CHAPTER-2

UNTOUCHABLE GROUPS IN INDIA

The members of Schedule Castes and Schedule Tribes (SC/ST) are considered as ‘Dalits’ and they
are subjected to various forms of discrimination in the society. Especially, Schedule Castes such
as:
 Chamars,
 Passi,
 Bhangis and
 Doms
These people are generally associated with menial jobs such as tanning, skinning of hides, works
on leather goods, sweeping, manual scavenging, etc.

CAUSES OF UNTOHABILITY IN SOCIETY

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Racial Factors:
Racial factors are the most important in nourishing the seed of untouchability. It is the racial
difference that segments the members in the category of ‘touchable’ and ‘untouchables’.

Religious Factors:
Religious convictions and conventions have also contributed to the emergence of untouchability in
India. Purity and divinity are much emphasized attributes of Hindu way of life. The job of
sweepers and cobblers was impure, so they were treated as untouchables. This difference was
mainly owing to the impurity, adjudged from religious angle.

Social Factors:
Racial, religious and social factors are responsible for the emergence of the evil practice of
untouchability in our country as:
 The untouchables were not permitted to enter the city without proper announcement.
 They were not allowed to enter into temples and also were forbidden to draw water from
common wells. 1
 They were not allowed, to wash their clothes in the day time.
 Prohibited from eating with other caste members

 Prohibited from marrying with other caste members

 Segregation in seating and food arrangements in village functions and festivals

 Prohibited from wearing sandals or holding umbrellas in front of dominant caste members
 Separate burial grounds

 Segregation (separate seating area) of Dalit children in schools

IMPACTS ON UNTOUCHABLES

1
State of Karnataka v. Appa Balu Ingale AIR 1993 SC 1126
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Some of the most pronounced and common results of this barbaric practice are as follows:
1. Social Disabilities
From the social point of view, the untouchables suffered from the following disabilities:
 Lowest Social Status
 Educational Disabilities
 Disabilities relating to Social Habits
 Prohibition in the use of Public Places
2. Economic Disabilities
Following are the main economic disabilities of the untouchables.
 No Right to Property
 No Right to choose Occupation
3. Religious Disabilities
The untouchables are known as the Hindus by religion, yet they were not permitted to enter into
the Hindu temples or shrines or other places of worship. They were not allowed to study religious
books.

4. Political Disabilities
The untouchables were also deprived of all kinds of political privileges. They were not allowed to
participate in politics, and administration. They were also not permitted to hold any public post.
Only during the British rule, they for the first time, got the right to vote.
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CHAPTER-3

UNTOUCHABILITY (OFFENCES) ACT, 1955

In order to fulfill the mandate of Article 17 of the Constitution, the Parliament enacted
the Untouchability (Offences) Act, 1955. It made several discriminatory practices punishable as
offences, although the punishment provided were rather mild and in their actual application even
milder.

Several lacunae and loopholes were found in the working of the Untouchability (Offences) Act,
1955 which compelled the Government to bring about a drastic amendment in the Act in 1976. The
Act was revamped as the Protection of Civil Rights Act.

However, the menace of untouchability continued and ‘dalits’ were still being treated in a
discriminatory way, their socio-economic conditions remained vulnerable, they are denied a
number of civil rights and were subjected to various offences, indignities and humiliations.
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EVIL EFFECTS OF THE PRACTICE OF

UNTOUCHABILITY

The evil effects of untouchability can be encapsulated in following statements:

1. Untouchability leads to social discrimination.

2. It damages social harmony.

3. It has created wide social distance between the two groups viz. touchable and untouchables.

4. Untouchability leads inequality.

5. It cannot support the development of healthy democratic tradition.

6. Untouchability has damaged the self-image and prestige of the scheduled castes.

7. It has developed a sense of inferiority among the scheduled castes.

8. The practice of untouchability has brought down the image of the Indians in the eyes of the
foreigners.

9. Untouchability has provided the scope for religious conversions.

PRACTISES TO ERADICATE UNTOUCHABILITY

Following efforts can be made to eradicate the evil of untouchability:

i. Increasing education among the untouchables.
ii. Emphasis should be to enable the untouchables economically.
iii. The untouchables should be given assistance in agriculture and cottage industries.
iv. Propaganda against untouchability should be made.
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v. Social security should be provided to the members of the scheduled castes.

vi. Encouragement should be given to inter-caste marriages.
vii. Efforts should be made to remove the sense of inferiority from the minds of the
untouchables.
viii. Cottage industries should be set up where untouchables should be absorbed.
ix. Abolition of caste system.

SCs AND STs (PREVENTION OF ATTROCITIES)

ACT, 1989

The Act provided more comprehensive and punitive measures to deal with and to prevent
discrimination and atrocities against ‘dalits’. The ultimate objective of the Act was to help the
social inclusion of Untouchables/Dalits into the mainstream Indian society.

Case: State of Karnataka v. Appa Balu Ingale2

The respondents were tried for offences under sections 4 and 7 of the Protection of Civil Rights
Act, 1955 and convicted and sentenced to undergo simple imprisonment for one month and a fine
of Rs. 100 each. The charge against the respondents was that they restrained the complainant party
by show of force from taking water from a newly dug up tubewell on the ground that they were
untouchables. The SC court upheld the conviction.

2
AIR 1993 SC 1126
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CHAPTER-4

ABOLITION OF TITLES

State is prohibited from conferring any titles on any person except for the purposes conferred in
the provision of Article 18(1). Under Article 18, State in India is not only prevented from
conferring titles on any person, but Indian citizens are also forbidden to accept any title from a
foreign State without the consent of the President of India. The prohibition applies not only to the
acceptance of titles but also to that of any present, emolument or office of any kind from any
foreign State by any person holding an office of profit or trust under the State.

Its Origin:

The battle against the titles conferred by the British monarch started with the passage of time as:
 The United States Constitution in 1787 which prohibited all titles of nobility in the United
States.
 Ireland, on establishing its independence, followed suit and its Constitution too prohibits
the conferring of titles by the State.
 India and Burma were the next to follow the example. India, in despite the fact that it was
to be a member of the Commonwealth of Nations whose head was the British monarch,
abolished the granting of titles.
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Dr. B.R. Ambedkar explained in the Constituent Assembly that Article 18 did not create a
justiciable right in the following words:

"The non-acceptance of titles is a condition of continued citizenship, it is not a right, it is a duty

imposed upon the individual that if he continues to be the citizen of this country, then he must
abide by certain conditions.
One of the conditions is that he must not accept a title, if he did, it would be open for Parliament to
decide by law what should be done to persons who violate the provisions of this article. One of the
penalties may be that he may lose the right of citizenship."

PROVISIONS UNDER ARTICE- (18)

Abolition of titles:
(1) No title, not being a military or academic distinction, shall be conferred by the State.
(2) For example, Sir, K.C.I.E., Maharaja, Nawab, Dewan, Bahadur, etc.

(3) No citizen of India shall accept any title from any foreign State.

(4) No person who is not a citizen of India shall, while he holds any office of profit or trust
under the State, accept without the consent of the President any title from any foreign State.

(5) No person holding any office of profit or trust under the State shall, without the consent of
the President, accept any present, emolument, or office of any kind from or under any
foreign State.

Therefore, Article (18) abolishes all titles and the State is prohibited from conferring any titles on
any person. The only exception made to the strict rule of non-recognition of titles is that provided
in favour of academic or military distinctions.
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ITS OBJECTIVE

A democracy should not create titles and titular glories because Recognition of titles and the
consequent creation of a hierarchy of aristocracy had been denounced as an anti-democratic
practice, as early as the eighteenth century, by both the American and the French revolutions.
Following are the objectives of abolishing titular glories as:

 India seeks to establish political, social and economic equality and thereby aspires to
become truly democratic. Thus, there is no room for some individuals to hold titles creating
artificial distinctions among members of the same society.
 Eliminating a peculiar class of nobility among the people established during the period of
monarchial rule of British in India.
 Discouraging any way to recognize and accept these titles apart from considerations of the
merit of those who held them.

NATIONAL AWARDS JUSTIFIED

The Indian Award System/Indian Honor System is a primary recognition from the government of
the Republic of India. It is an honorary declaration to the personalities who have contributed to the
progress, achievements, and human endeavor for the nation or the community. The Indian award
system is broadly categorized into 5 categories, they are; Leadership, Literature, Civilian, Patriotic
and particular. No prize of money is associated with these awards.
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Case: Balaji Raghavan v. Union of India 3

Issue:
Whether the Awards, Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma Shri
(hereinafter called "The National Awards") are "Titles" within the meaning of Article 18(1) of
the Constitution of India?

Conclusion:
The petitioners argued that by conferring such titles the State is creating a "privileged class" and
thereby violating the right to equality. According to the ordinary and contextual meaning in Article
18, the word "title" means a title of honour, rank, function or office in which there is a distinctive
appellation. An appellation is a name or title by which a person is called or known, something
which is normally prefixed or suffixed, for example, Sir, K.C.I.E., Maharaja, Nawab, Dewan,
Bahadur, etc. It was noted distinctively as:
1. These appellations that appear as prefixes or suffixes which are sought to be interdicted by
Article 18(1). Since the National Awards are not titles of nobility and are not to be used as
suffixes or prefixes, they are not prohibited by Article 18."

2. Regarding the argument against Article 14, the counsel argued that equality does not mean
that meritorious contributions should not be recognized; the State grants such honorific
titles after assessing the contributions made by the awardee in various fields which deserve
to be nationally acclaimed.

3
(1996) 1 SCC 361
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CONCLUSION

The Indian judiciary is not completely in favour of Scheduled Castes and Scheduled Tribes. It is
very little positive legal activism has occurred. Indeed, even following 60 years of freedom, the
issues of Scheduled Castes and Scheduled Tribes have not been unraveled. All organs of the state
like, council, official and particularly legal ought to quickly work for the upliftment of the
Scheduled Castes and Scheduled Tribes to accomplish the Constitutional command of defensive
separation. So far as, the ladies is concerned the Indian Judiciary assumes the critical part. In
connection to ladies, Indian legal demonstrates the much positive legal activitism. It is
exceptionally useful, with a specific end goal to maintain a strategic distance from the Gender
separation or Gender disparity. The belief system of the Dr. Ambedkar has particularly impacted
the Indian Judiciary the premise of this belief system the Supreme Court of India proclaimed that
Directive standards of state arrangement are enforceable with the central rights. Indian Judiciary
has translated the importance of the Fundamental Rights on the premise of order standards of state
strategy. However Dr. Ambedkar has forced the devout obligation on the future governments to
actualize the arrangements of order standards to secure social equity to all areas of the Society. In
this case proper implementation must be implemented by the government in order to reach every
single corner of the Society.

Eradication of Untouchabiliy under Indian Constitution which comes under Right to Equality
which is a fundamental Rights of Indian Constitution. Constitutional protections and benefits and
the protection given to them under various laws. Besides, the conclusion and suggestions made in
this research work may be utilized by the legislators, policy makers and policy interpreters to bring
about justice and equality through the policy of reservation. Judicial approach towards Protective
Discrimination of Scheduled Castes and Scheduled Tribes deals with social Justice to the Women,
Scheduled Castes and Scheduled Tribes has incorporated many provisions in the Indian
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Constitution like, special provisions for Women, special protection to Scheduled Caste and
Scheduled Tribes, special representation in legislatures, public services and reservation of seats in
educational institutions. This had been done for increasing the educational opportunities and
representation in public services for the Women, Scheduled Castes and Scheduled Tribes to
provide equal opportunity as guaranteed by the Constitution.

BIBLIOGRAPHY

BOOKS:

(1.) CONSTITUTIONAL LAW OF INDIA, DR. J.N. PANDEY, CENTRAL LAW

AGENCY, 5TH EDITION, 2016
(2.) THE CONSTITUTION OF INDIA, BARE ACT, UNIVERSAL LAW PUBLISHING,
2016

ONLINE RESORCES

(1.)WWW.INDIANKANOON.ORG
(2.)WWW.MANUPATRA.COM