UPSC | Mains GS1 | 2026
Legal guarantees against untouchability are necessary but insufficient to dismantle caste-based exclusion. Discuss the complementary role of criminal law, civil remedies and social institutions in achieving substantive equality. (250 words)
Answer
Introduction
Article 17 abolished untouchability, while the Constitution and protective legislation created enforceable rights. Yet the editorial’s discussion shows that caste practices also persist as internalised social norms, requiring legal and societal transformation together.
Achievements And Limits Of Law
1. Article 17, the Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 criminalise exclusion and violence.
2. Law has reduced overt denial of access to wells, public institutions and common spaces, and gives Dalit citizens tools to challenge discrimination.
3. However, under-reporting, hostile investigation, social pressure, delayed trials and weak witness protection reduce deterrence.
4. Criminal adjudication can punish conduct but cannot alone alter notions of purity, pollution and inherited status.
Beyond Carceral Justice
1. Civil remedies can address discriminatory denial of housing, employment, education and services through injunctions, compensation and restoration.
2. Equality bodies, grievance authorities and local mediation can offer quicker, lower-cost remedies, while preserving access to courts for serious offences.
3. Remedies must not legitimise informal settlements that coerce victims or dilute statutory protections.
4. Police, prosecutors and judges need anti-bias training, survivor-sensitive procedures and measurable accountability.
Social Institutions And Substantive Equality
1. Schools and teacher training should challenge caste stereotypes and teach constitutional morality.
2. Mixed-neighbourhood planning, common public facilities, inter-dining and equal access to anganwadis can weaken everyday segregation.
3. Gram Sabhas, civil society groups and community leaders can build local monitoring and solidarity.
4. Representation in institutions and economic mobility must accompany formal equality; otherwise new mobility may provoke backlash.
5. Public campaigns should connect dignity, fraternity and constitutional morality rather than rely only on punitive messaging.
Keywords
Article 17; constitutional morality; substantive equality; Protection of Civil Rights Act, 1955; SC/ST (Prevention of Atrocities) Act, 1989; civil remedies; fraternity; social norms; dignity; anti-caste transformation.
Topics: abolition of untouchability, caste discrimination, indian society, social justice