Explanation: In India, the practice of untouchability, which historically marginalized certain groups within the caste system, is illegal under the Constitution and various acts. The Indian Constitution, in Article 17, explicitly abolishes the practice of untouchability and prohibits its practice in any form. This constitutional provision is a cornerstone of India's efforts to promote social justice and equality.
To further strengthen the legal framework against untouchability, the Indian government enacted the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This act aims to prevent atrocities against Scheduled Castes and Scheduled Tribes, which include many communities previously considered untouchable. The act provides for stringent penalties for acts of discrimination, violence, and other forms of atrocities against these groups.
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, covers a wide range of offenses, including physical assault, sexual assault, forced labor, and other forms of exploitation. The act also provides for special courts to expedite the trial of cases under this act, ensuring that justice is delivered promptly.
It is important to note that while the legal framework is in place, the eradication of untouchability and discrimination is a complex social issue that requires not only legal measures but also social awareness, education, and active participation from all sections of society. The government and various non-governmental organizations work towards creating awareness and implementing programs to address the social and economic challenges faced by these communities.
In summary, under India's current law, it is illegal to discriminate against an untouchable. The Indian Constitution and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, provide a robust legal framework to protect the rights of these communities and ensure social justice. However, the effective implementation of these laws and the eradication of social practices that perpetuate discrimination require ongoing efforts and societal change.