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Jai Narayan vyas university

Faculty of law

Topic=trial india

Submitted by= submitted to=

Dilip kumar jani rishabh gehlot sir

Ba llb 3 sem.

I have taken lots of efforts in this assignment. However it
would not have been possible without the kind support of
mr.rishabh gehlot sir. I would like to express my sincere
thanks to him.

I m highly indebted to jai Narayan vyas university for

this guidance and constant supervision as well as for
providing necessary information regarding this

I would like to express my gratitude towards my family

and friends for their kind cooperation and
encouragement which helped me in completing my

My thanks also goes to those people who directly or

indirectly helped me in completing my project report.











The topic of the project is the tribal india which include all the three basic tribe of the india
which are called the untouchables. The practice of the untouchability is the reflection of the
state affairs of the unprivileged society of the country. Two-third or the more of the
population of the India are very backward, being illiterate and living in the utter poverty.
Their disadvantages arises from the fact that their status is described from the birth. India is
a caste as well as the class-ridden society. Hence the member suffer from the economic as
well as the non-economic that is the social, religious and the educational disabilities. The
unprivileged section of the society is mainly divided into the three section and these are as

1 The scheduled tribes(Girijans)

2 The scheduled caste(Hrijans)

3 The other backward classes

The first two section of the above listed are mentioned in the indian
constitution and the third one is not mentioned in the indian constitution.


The scheduled caste occupy the bottommost rung of the social ladder. They form a major part
of the backward and the depressed classes. They are generally regarded as the untouchables
and popularly known as harijans. According the census report of the 1971 the scheduled
caste constitute 15.05%of the total population, there total being the 8.25 crore. They are not
found in majority in any part of the country. They constitute more than the 20% of the
population, in more than the 666 talukas. Hence they are scattered on the entire land. There
are not any district or the talukas in india where the scheduled caste people are not found
they are economically backward, socially depressed and educationally neglected part of the


1 according to the DR D.N. MAJUMDAR the term scheduled caste refers to the untouchable
caste. The untouchable caste are those which suffer from the various social and the political

disabilities many of which are traditionally prescribed and socially enforced by the higher

2 we can define scheduled caste as those economically, socially, politically and educationally
backward castes which are kept at the distances by the other caste as ‘untouchables’

3 scheduled caste are those untouchable castes which are subject to some of the disabilities
in every walk of the life- social, religious, educational, economic and political.


The scheduled caste are those untouchables which are suffering from the various social,
religious, economic, political, legal and many more other disabilities. For the centuries they
have been denied from the political representation, legal rights, civic facilities, educational
privileges and the economic opportunities.


The scheduled caste suffered for the centuries from the number of the social disabilities and
these are given as follows:-

1 Lowest Status in the Hierarchy:-

In the caste hierarchy scheduled caste are ascribed as the lowest status. They are considered
to be the unholy, inferior, and low and are looked down upon by the other castes. They have
been suffering from the higher stigma of the untouchability. Hence they have been treated as
the servants of the other castes people. The scheduled caste has always served the other
caste, but the attitude of the other caste people is always indifference and comtempt. They
were kept at the distance from the other caste people. In some instances in the south India
even the exact distance which an upper caste man was expected to between himself and the
harijans was specified.

2 Education Disabilities:-

The scheduled castes were forbidden from the taking upto the education during the early
days. Sanskrit education was denied for them. Public education and other institution were
closed for them. Even today majority of the scheduled caste are illiterate and ignorant.

3 Civic Disabilities:-

Prevention from the use of the public places. For a long time the untouchable caste were not
allowed to use public places and avail of the civic facilities such as the- village vells. Ponds,
temples, hotels, hostels, schools, hospitals, lecture halls, dharamashalas, choultries, etc. they
were forced to live on the outskirts of the towns or the villages during the early days. Even
today they are segregated from the other spatiality. In south india restriction were imposed
on their construction of the houses, type of the dresses and the ornamentation. Some lower
class people were not allowed to carry the umbrellas, to wear shoes and gold ornaments and
to milk cows. They were prohibited from covering the upper part of their body. The service of
the barbers and tailors were refused to them.


The scheduled caste people even suffer from the religious disabilities even today. They were
not allowed to enter into the temples in many places. The Brahmins who offer their priestly
services to some of the lowest castes, are not prepared to officiate in the ceremonies of the
untouchable castes. They were also not allowed to listen the mantras which were spoken by
the saints in the temples. They were only permited to use the upanishadic mantras which were
less pure


The scheduled castes are economically backward and have been suffering from the various
economic disabilities also.

1 No Right of Property Ownership

For the centuries the scheduled were not allowed to have the land and business of their own.
It is only recently their ownership to the property has become the recognised. The propertied
people are comparatively less in them. Majority of them depend on the agriculture but few of
them own land.

2 Selection of Occupations Limited

The caste system imposes restriction on the occupational choice of the members. The
occupational choice for the scheduled caste were very limited. They were not allowed to take
the occupations which were reserved for the upper caste people. They were only forced to
stick to the only traditional occupation such as the removing the human wastes, sweeping,
tanning, scavenging, oil grinding, tanning, leather works, carrying the dead animals etc.
these occupations were regarded as the inferior and the degraded.

3 Landless Labourers

Majority of the scheduled caste are working as the landless labourers. More than 90.1 of the
agriculture labourers belongs to the depressed classes which include the scheduled caste and
the scheduled tribes. More than 77.1% of the scheduled caste workers in the rural areas are
the agriculture labourers. A large number of the scheduled caste families are in the debts.
The average accumulated debt per household increased from the rs.47 in 1950-51to rs.88 in
1956-57. Their indebtedness is increasing day by day. The scheduled caste people are

economically exploited by the upper class people. Even today they are the lowest paid


The untouchables hardly participated in the political matters. They were not given any place
in the politics, administration and the general governance of the India. They were not
allowed to hold any public post. Political rights and the representation were denied for them.
Under the british rule they were given the right to vote for the first time. After the
independence the equal rights and the representation is given to the scheduled caste and the
scheduled tribes. Politically the harijans are yet to become the organised force.

The practice of the untouchability is the stigma to the Indian society. It is being practised
from the very long period. It has its roots deep down in our social and the religious system.
Gandhij regarded this term as the “a leaper wound in the whole of the society”.

It is very difficult to give a clear definition of the untouchablility. The

word untouchable applies on the despised and the degraded section of the society.
Untouchability is affecting more than 80 million people of the India.


There are different opinions regarding the origin of the untouchability. According to the
MANU, the Hindu law giver, the practice of the Pratiloma marriage was the origin of the

HUTTON states, ‘the origin of the position of the exterior castes’ is partly racial,
partly religious and partly matter of social custom. Dr.majumdar, sir Herbert Risley and Dr.
Ghurye are in favour of the racial explanation of untouchability.

ARTICLE 17= article 17 of the Indian constitution deals with that “untouchability is
abolished and its practice is in any form forbidden. The enforcement of the any disability
arising out of the untouchability shall be an offence punishable by the law.

In accordance with this article the parliament passed an act that was the act. The
Untouchability Act 1955 which was latter substituted by the Protection of The Civil Rights
Act 1978. According to this act the offences of the untouchability include the following:-

(i) Committing any type of the social injustice, such as denying access to any shope,
restaurant, public hospitals, educational institution or any place of public

(ii) Preventing a person on the ground of the untouchability, from entering a place of
worship and offering the prayer or from drinking water from a public well or
(iii) Refusal to sell goods or renders services to a person on the grounds of the
untouchability is a offence punishable with the imprisonment for six months or a
fine upto Rs. 500 or both.
(iv) Enforcing occupational, educational, professional, trade disabilities in the matter
of the enjoyment of any benefit under a charitable trust.




Dr. Bhim Rao Ambedkar (1891-1956) was a great modern social thinker, a born fighter,
famous advocate and a humanist. Dr Ambedkar who was born in a untouchable or the dalit
community called “Mahar” in Maharashtra took a leading role in promoting the welfare of
the untouchable castes and in elevating their status. Being the most educated in the scheduled
caste in India Dr Ambedkar became the undisputed spokesman in the untouchables. He took
many steps to reform the untouchables, that is the scheduled castes and the scheduled tribes.
He also fought against the injustice being done against the untouchables.

1 Dr. Ambedkar was the first man to make a scientific study of untouchability

Even though gandhiji has the thought of the way to remove the untouchability before the birth
of the Dr. Ambedkar, it was Ambedkar who drew the attention of the congress organisation
and also the entire nation towards the grave problems of the untouchables and the deplorable
conditions. Amedkar has made the scientific study of the untouchability, its origin and
development etc.

2 Self-Respect Movement

Dr. Ambedkar had made it clear that his main aim of the life is to remove the practice of the
untouchability and to take the so called untouchable community to the social economic
equality and the justice. Through his social-movement he wanted to instil in the minds of the
untouchables the ideas of the self-dignity, self-confidence and the self-respect. Thus this
movement is called the ‘self-respect movement’

3 Five-Principles or “Pancha-Sutras” for the Progress of ‘Dalits’.

Dr ambedkar wanted that the untouchables or the dalits to follow some principles in the life
so that they could attain a respectable status by their own efforts as a community. He
recommended “pancha-sutras” for them.
1 Self-Improvement:-making self-efforts for one’s improvement without expecting
much from other
2 Self- progress:- making self-efforts for the achieving progress in life
3 Self-dependence:- learning to lesion one’s dependence on others and attaining finally
4 Self-respect:- maintaining self-dignity and never sacrificing it for any reason.
5 Self-confidence:- developing confidence in oneself, in one’s capacities and one’s

4 Call to Reform the style of Life

Ambedkar made an appeal to his community to change in style of life of suit to the needs of
time. “he urged them to stop the dragging of dead cattle out of the village. He wanted them to
give up eating carrion, alcohol drinks and begging. He wanted them to become literates and
send their children to schools. Finally, he wanted them to dress well and have self-respect for
themselves. Thus, one of the chief aims was to bring about a revolution in the way of life of
the untouchables and in their aspirants for themselves and for their children.

5 three principles of dalits movement: education, agitation and organisati

Ambedkar suggested three principals to govern the “dalit movement”. These principals are:
“education, agitation and organisation”

1 Education Is essential for helping the details to take out their mask of ignorance

2 Agitation becomes inevitable to fight against all the exploiters and cheats

3 organisation is necessary to thresh out the individual differences, to realise community

interest and to fight for the common cause collectively. After the All-India Depressed Class
Conference in Nagpur in 1942 ambedkar declared, “my final word of the advice is to educate
agitate, organise and have faith in yourself. It is a battle for reclamation of the human

6 Call to Destroy the Caste System.

Ambedkar in his efforts to raise the status of the untouchables considered the caste system
one of the great obstacles. He expressed his great disappointment with the caste as well as
the varna system. He even gave a call to destroy the caste system in his famous book called
“annihilation of caste”.

Mahatma agandhi played an memorable role in the upliftment of the untouchables. Gandhiji
popularised the word Harijans meaning “the people of the god” a word which was first
coined by the Gujrati Brahmin saint by the Narasinha Mehta. According to the gandhiji the
practice of the untouchability is “a leaper wound in the whole body of the hundu politic. He
even regarded it as the “the hatefullest expression of the caste” he made it his life’s mission
to wipe out the practice of the untouchability and to uplift the depressed and the downtrodden
people. As a servant of the mankind, he preached that all human beings are equal and hence
the harijans too have a right for the social life along with the other caste groups.

Gandhiji’s Campaign Against Untouchability

Gandhiji who regarded the untouchability as the blot on the Hinduism wanted to do away
with it completely. He wrote in 1920 “…without the removal of the tiant [of untouchability],
“swaraj” is a meaningless term .” He even felt that the foreign domination of our country
was the result of our exploitation of almost one-sixth of our own people in name of religion.

Gandhiji wrote in “Young India” in April 1925. Temples, public wells and public
schools must be open for the untouchables equally with the caste hindus. He started two
journals, ‘Harijan’ and ‘Young India’ through which he advocated his ideas. He started a
ashrama where all caste people could come and stay without any differences between them.

Gandhiji’s proposals for harijan welfare

1 those who claim to be the servant of the harijan must serve the harijan with all due respect
and dedication.

2 awareness must be created in the mind of harijan regarding the cleanliness, sanitation and

3 the practice carrying of the human waste on the head must be stopped.

4 they should be persuaded to drop their habit of the eating carrion and the dead animals.

5 the practice of the untouchability must be stopped immediately.

6 good houses with the low cost but with the enough provision of lighting and the ventilation
must be built for the harijans.

7 harijan children must be made to go to the schools and even adult education programme
should be introduced.

8 harijans must be persuaded to drop their habit of the drinking alcohol.

9 there should be no bar for the harijan to enter in the temples.

10 harijan must be provided with the drinking water fascility.

The government of India has incorporated some special provision in its constitution for the
removal of the untouchability and to promote welfare of the scheduled caste and the
scheduled tribes. The constitution ensures the protection and assumes the promotion of the
interest of the scheduled caste and the scheduled tribes and other weaker section of the
society in the fields such as the:-

1 political representation

2 representation in the services

3 economic development

4 socio-culture safeguard

5 legal support

1 the preamble of the constitution of India declares that it assures equality, promotes
fraternity, guarantees library and ensures justice to one and all.

2 Articles 15, 16, 17, 38 and 46 guarantee that the state shall not discriminate on the basis of
the their religion or region and caste or class.

3 Article 15 prohibits the discrimination on the grounds of the religion, caste, race, sex or the
place of the birth.

4 Article 17 abolishes the untouchability. It is further provided that the enforcement of any
disability arising out of untouchability shall be an offence punishable in the accordance with

5 Article 46 promotes education and the economic interest of the scheduled caste and the
scheduled tribes and other weaker section of the society.

6 Article 330 reserves the representation of the scheduled caste and scheduled tribes in the
house of the people.

7 Article 334 relates to the reservation of the seats and special representation the cease after
fifty years.

8 Article 335 mentions the claims of the scheduled caste and the scheduled tribes to service
and posts.

9 Article 338 empowers the central government to appoint the national commission for the
scheduled caste

10 Article 339 empowers the president to appoint a commission to report on the

administration of the scheduled areas and the welfare of the scheduled tribes in the state.
11 Article 341 empowers the president to specify the castes, races or the tribes of the
administration of the castes in a particular state or the union territory.

12 Article 342 empowers the president to specify the tribes or the tribal communities deemed
to be scheduled tribes in the particular state or union territory.


The government has been taking up the required legislative measures for the removal of the
untouchability. In pursuance of the provision of the article 17 of the constitution which
declares the practice of untouchability a punishable offence, the parliament passed the
untouchability offences act, 1955. It was later substituted by the protection of civil rights
act 1976. According to this the offences of untouchability include the folloing

Offences of the untouchability as per the “protection of civil rights act 1976”

1 committing any kind of social injustice, such a denying access to any shop, restraint, public
places, hospital, educational institution or any place of public entertainment.

2 preventing a person, on the grounds of untouchability, from the entering a place of worship
and offering prayers, or from drinking water from a public well or spring.

3 refusal to sell a goods or to render services to a person on the grounds of untouchability is

a offence punishable with the imprisonment for the six months or a fine upto RS. 500 or both.

4 Enforcing occupational, professional, trade disabilities in the matter of enjoyment of any

benefit under a charitable trust, etc


1 appointment of a National Commission for the Welfare of scheduled caste

A national commission for the scheduled caste and scheduled tribes has been set up by the
central government to safeguard the interest of the scheduled caste and the scheduled tribes.
It function as a advisory body on issue and policies related to the development of the
scheduled caste and scheduled tribes. The state government have separate department to look
after the welfare of the scheduled caste and scheduled tribes.

2 Educational Opportunities

Due attention is paid to extend the educational opportunities of scheduled catse and
scheduled tribes and hence special provision have been made in the regard. Free education,
free distribution of the books, stationary, uniform etc. giving scholarship, banking laon
facilities, providing mid-day meal, arranging for free boarding and loading facilities,

reserving seats for scheduled caste and scheduled tribes in all the government and
government aided institution, etc. are some of the concrete steps which the government has
taken in this regard.

Centrally sponsored schemes

In addition to the above, there are some centrally sponsored schemes also for the educational
benefit of both scheduled caste and scheduled tribes

1 Free coaching and training for the various competitive examinations(IAS, IPS, IFS, etc.) to
increase their representation in various services.

2 Post-matric Scholarships for providing financial assistance for the higher education. (govt.
spent 6.5 crore rupees for this purpose in the year 1993-94. The university grants

3 construction of hotels for providing residential facilities to scheduled caste and scheduled
tribes studying in college and university level.

4 Financial assistance to those SC and ST students going to the reputed institute for the
research work.

5 Providing Text-books to those studying in medical and engineering courses.

6 Scholarships and passage granted for the higher education outside India.

3 Expansion of the economic opportunities

Government has also taken up economic programmes also for the benefit of the scheduled
caste and the scheduled tribes. Landless scheduled castes are allotted land. Land reforms has
been undertaken to benefits of land ownership for them. Poor scheduled caste farmers are
supplied with the seeds, agriculture implements, fertilizers, pesticides, interest free loans,
pairs of bullock for ploughing, subsidy for developing dairy farming, poultry farming,
piggery, animal husbandry, handicrafts, spinning and weaving.

4 Expansion of the Employment Opportunities and Reservation

In order to enhance the economic position of the scheduled caste and the scheduled tribes the
constitution has provided the reservation in services. Reservation of jobs operated in all-
India services, central government, state government and government managed public
sectors units and institutions. Reservation exists in all these for scheduled caste and
scheduled tribes to the tune of 15% and 7.5% respectively. Several state government have
introduced reservation for the OBC(Other Backward Classes)also.

5 upliftment of scheduled castes through five year plans

Development strategies in the five year plans

The central government has sponsored the three pronged strategy for the development of the
scheduled caste and scheduled tribes during the five-year plans (1980-85). This consisted of
three schemes

(i) special component plans (SCPs) of the central ministers and state government

(ii) special central assistance (SCAs) for the scheduled caste of state.

(iii) Scheduled caste development corporation (SCDPs) in the sates

1 Special Component Plans[SCP]

The main objective of this plan is to assist SC families to substantially improve their income.
This plan envisages identification of scheme of development which would benefits SCs,
qualification of the programmes and determination of the specific targets as to the number of
families to be benefited from those programmes. During the sixth plan Rs. 4481 crore were
earmarked for the SCPs.

2 Special Central Assistance[SCA]

The main purpose of this scheme is to provide additional assistance to the status from the
centre to help the economic advancement of the maximum possible numbers of the scheduled
caste families living below the poverty line. The assistance is given through the SCPs.

3 Scheduled Caste Development Corporation

The scheduled caste development corporation have been set up in 18 states and 3 union
territories. These SCDC provide money and loan assistance to these families, thereby helping
to increase the flow of funds from financial institutions to SC families. These corporation
established in the states are expected to increase between the a SC families and financial
institutions including banks. Both the central and state government are contributing grants to
these SCDCs.

1 drinking water facility

In SCs colonies and in the areas where they are found in large number, drinking water
facility is provided through the construction of wells and borewells.

2 Medical Facility

Free medical check-up facility is provided for the SCs. Those who undergo family planning
operation are given financial assistance for purchasing required medicine and energising

3 Janata Houses

In various states the SCs are given financial assistance to have their own houses. In states
like Karnataka and Tamil Nadu low caste houses having all minimum required facilities,
known as “janata” houses are built for them at state expences.

4 Liberation of the Bonded Labourers

A large number of bonded labourers particularly belonging to the SCs have been libereted.
As per the report of the labour department of the central government in 1983 about 1.13 lakh
bonded labourers were liberated from their bondage with the government assistance.

5 Sulab Sauchalaya Scheme

This has been launched in several states for converting dry latrines into water-borne latrines
in order to liberate SC scavengers and rehabilitation them in alternative occupation.

6 Voluntry Organisation

In order to the government schemes and instruments, some of the voluntary organisation are
also playing an important role in promoting the welfare of the SCs

A harijan sevak sangh[New Delhi]

B Indian Depressed Classes League[New Delhi]

C hind swepers sevak sangh[Delhi]

D Servant of Indian Society[New Delhi]

E Indian red Cross Society[New Delhi]

The practice of the untouchability gave rise not only to various kinds of disabilities but also
caused damage to the indian society. A few of such evil effects are mentioned below.

1 Untouchability divided the hindu society into the ‘touchable’ and ‘untouchable’ groups and
served to develop mutual dislike, contempt and sometimes even enmity between the two. It
damaged the social harmony and created the wide social distance between the two groups.

2 Since more than 1/6 of the population of this land was “untouchable” its socio economic
and educational progress was unwarrantedly halted for centuries.

3 Untouchability perpetuates inequality. Hence it cannot support the development of the

healthy democratic traditions. It has affected our democratic system very badly.

4 Untouchability provided the scope for religion conversions. Those untouchables who got
disillusioned with the hindu society got converted to the other religion such as Christianity or
the Islam. Dr ambedkar himself has join the Buddhism at the fag end of his life in protest
against the caste controlled Hinduism.

5 Untouchability led to perennial conflicts between the upper caste and lower caste for the
generations, sometimes resulting in loot, arson, murder, rape, molestation, burning of houses
and crops etc.

6 Untouchability has damaged the self image of the scheduled caste people. It has developed
in them a sense of inferiority and lack of confidence which damaged their personality

7 Due to the practice of untouchability, the nation was deprived of the opportunity for making
use of the talents, abilities and creative capacities ofa sizeable number of people for
hundreds of year.

8 The practice of the untouchability is black spot on the Hindu society. It is an result to the
Hindu society. It has brought down the image of the Indians in the eyes of the foreigners.