This Week in Human Rights History: A Reflection on the Adoption of Article 17 “Abolishing Untouchability”

A Reflection on the Adoption of Article 17 “Abolishing Untouchability”, that is both a landmark in India's Human Rights Journey and a complicated moment with living legacy and with so much work left to be done

November 29, 1948, marked a pivotal moment in India's journey toward equality and human rights. The Constituent Assembly of India, tasked with drafting the Constitution for a newly independent nation, made a radical and courageous decision: the abolition of untouchability. This commitment, enshrined in Article 17, was not merely a legal decree but a bold step toward dismantling one of the most entrenched systems of oppression in human history.

The Vision Behind Article 17

At the heart of this historic move was Dr. B.R. Ambedkar, the Chairman of the Drafting Committee and an unwavering advocate for the rights of the marginalized. For Ambedkar, untouchability was not just a social evil; it was a denial of basic human dignity and equality. His vision for the Constitution went beyond political democracy—it sought to establish social democracy, bridging the vast divides of caste and class.

Article 17 declared untouchability abolished and its practice in any form prohibited, underscoring the commitment of the Indian state to confront centuries of injustice. It was a watershed moment that sought to liberate millions of Dalits from systemic discrimination and indignity.

Challenges to Realizing Constitutional Ideals

However, the promise of Article 17 faced formidable challenges. Untouchability, deeply ingrained in India's social fabric, did not disappear overnight. Despite the constitutional ban, Dalits continued to face exclusion, economic deprivation, and violence. The persistence of these practices underscored the limitations of legal reforms when pitted against entrenched social norms.

Subsequent laws, such as the Protection of Civil Rights Act of 1955 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989, sought to provide mechanisms for redress and reinforce the constitutional prohibition. Yet, enforcement often faltered due to systemic inertia and a lack of political will.

The Ongoing Struggle Against Caste Discrimination

Decades later, caste-based discrimination continues to manifest in various forms, from social exclusion to violent atrocities. The root causes are complex and multifaceted, spanning socio-economic barriers, generational poverty, and the perpetuation of discriminatory practices. The struggle for equality has been carried forward by contemporary movements and civil society initiatives, which advocate for effective implementation of laws, broader representation of Dalits, and educational efforts to challenge societal attitudes.

As human rights activists have often noted, constitutional provisions are necessary but insufficient on their own. They must be accompanied by vigilant enforcement, grassroots mobilization, and sustained efforts to transform societal attitudes.

Lessons for the Global Human Rights Movement

The abolition of untouchability serves as a reminder of the challenges inherent in bridging the gap between legal mandates and societal realities. It underscores the need for a multifaceted approach—one that combines legal action, community-driven change, and robust advocacy.

As we reflect on the adoption of Article 17, it becomes evident that the fight against caste-based discrimination is not just an Indian issue but a global human rights concern. The structures of oppression that perpetuate inequality in India resonate with struggles against systemic discrimination worldwide.

This struggle is further complicated by troubling developments within the diaspora. In countries like the United States, some upper-caste Hindus have actively opposed legislative efforts to ban caste-based discrimination. Using arguments borrowed from right-wing movements, they frame such initiatives as discriminatory or "anti-Hindu," employing rhetoric reminiscent of reverse racism claims often wielded to undermine civil rights progress. These campaigns reveal a perverse attempt to shield caste privilege by distorting the discourse around equality and justice.

The resistance to anti-caste legislation in the diaspora highlights how entrenched hierarchies are transported across borders and adapted to new contexts. It also underscores the global nature of caste-based discrimination and the urgent need for solidarity between movements challenging systemic inequities. Advocacy efforts must not only address the persistence of caste within South Asia but also confront its replications and justifications in global settings.

In this interconnected world, the struggle against caste is a fight for human dignity everywhere. The lessons of Article 17 remind us that lasting social transformation requires more than legal frameworks—it demands an unwavering commitment to dismantling structures of oppression, wherever they may manifest.

A Call to Action

The abolition of untouchability in 1948 was a historic step toward equality, but the journey is far from over. The enduring prevalence of caste-based discrimination reminds us that the quest for social justice is a continuous endeavor. It demands vigilance, courage, and a collective commitment to dismantling the deep-rooted structures that perpetuate inequality.

Let us honor the legacy of Article 17 by renewing our dedication to the principles of human dignity and equality. Together, we can ensure that the promise of a just and equitable society becomes a lived reality for all.