Art. 17 of the Indian Constitution reads, “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. ” But the word ‘Untouchability’ has nowhere been defined in the Constitution. Without defining it, no person can be punished for practicing Untouchability. Even an instigation of social boycott is not treated as an offence. (Devarajan Vs. Padmanna, A. 1961, Madras 35 (39).
Even. The Protection of Civil Rights Act, 1955, and The Untouchability (Offences) Act, 1955, do not define ‘Untouchability.’ Without this definition, all persons accused of practicing untouchability, go scoot free under these Acts. The UN General Assembly vide its Resolution 2106-A (XX) of 19 Jan. 1965 adopted “International Convention on the Elimination of All Forms of Racial Discriminations.” The General Assembly declared in this Convention that “Any doctrine of superiority based on racial differentiation is scientifically false, morally condemnable, socially unjust and dangerous, and that there is no justification for racial discrimination, in theory or in practices, anywhere.”
Untouchability is racism
Untouchability is nothing but racial discrimination based on descent, called Jati. Defending the Untouchability/racial discrimination, the General Assembly wrote under Art.1 (1), “In this Convention, the term “racial discrimination” shall mean any _ distinction, exclusion, restriction, or preference based “on race, colour, descent, or national or ethnic origin Dalit Voice: which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
Art.4. states Parties condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and to this end, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention, inter-alia:
(a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof;
(b) Shall declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and incite racial discrimination, and shall recognize participation in such organizations or activities as an offence punishable by law.”
The Indian Union has already signed and ratified this Convention. Thus, this definition is very much applicable in cases of victims of untouchability in May 1-15, 1991 8 India. This definition must be invoked in all court cases to punish the guilty. All Dalit organisations must pass resolutions asking the Government to incorporate this definition in Art. 17 of the Constitution and in The Protection of Civil Rights Act, 1955 and “The Untouchability (Offences) Act, 1955″ for the sake of clarification to the Courts.
India’s refusal; India has already signed the International Covenant-on Civil and Political Rights, 1966, but has refused to sign the Optional Protocol 1966 under this Covenant. Dalits must insist on India signing this Optional Protocol to safeguard their human rights by appealing to United Nations as Dalits are the worst victims of Police tortures etc. They must insist upon India signing UN. Declaration on the Protection of All Persons from Being Subjected to Torture and other Cruel, Inhuman er Degrading Treatment or Punishment, 1975. This will help the victims in getting adequate compensation from the State for Police torture, and the guilty police officials will also be tried as criminals.
