·The Hindu·15 marks·250–350 words

Constitutional morality must be complemented by social morality to realise fraternity. Illustrate with reference to caste discrimination in contemporary India.

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In this answer
  1. Constitutional morality: the legal architecture
  2. Where social morality lags: contemporary illustrations
  3. Bridging the gap

Dr. Ambedkar warned the Constituent Assembly that constitutional morality "is not a natural sentiment; it has to be cultivated". Caste discrimination today shows this clearly. The law has abolished untouchability, but fraternity (equal dignity among citizens) will come only when society accepts that value as its own.

Constitutional morality: the legal architecture

  • Article 17 abolishes untouchability "in any form" and applies against private persons as well as the State [1].
  • The Protection of Civil Rights (PCR) Act, 1955 punishes the preaching and practice of untouchability. Section 12 presumes caste motive when an offence is committed against an SC member [2].
  • The SC/ST (Prevention of Atrocities) Act, 1989, Articles 15(2) and 46, and the NCSC (Art. 338) add further protection.

Where social morality lags: contemporary illustrations

  • Silence, not absence: only 24 PCR cases were registered in 2023, while 965 remain pending [1]. Low registration reflects under-reporting and fear of long trials.
  • Atrocities persist: cases under the PoA Act stood at 53,372 in 2023 [3]. This shows that caste hierarchy survives despite the law.
  • Symbolic untouchability: in the 2026 "purification" of a rally ground in Uttarakhand after a Dalit leader spoke there, the act was defended as cleansing "ideas". Exclusion has moved from wells and temples to ritual.
  • Occupational and social forms: manual scavenging, separate utensils, and violence against inter-caste couples continue in places where custom outranks the Constitution.
  • Enforcement reflects attitudes: police and local bodies often register cases only when there is public pressure. This shows how social bias weakens legal duties.

Bridging the gap

  • Institutional: under Section 15A, States should set up special courts and conduct surveys to identify untouchability-prone areas [2]. The Ministry's 29th Review Meeting with States/UTs focused on pendency and vigilance committees [4].
  • Social: value education, incentives for inter-caste marriage, and reform movements within communities.
  • Ethical: treating dignity as a matter of conscience, not just compliance.

Law sets the floor of equality, but only social morality can turn that floor into fraternity. When strict enforcement goes together with education and reform led by communities, Article 17's promise can become lived reality. This would realise the Preamble's ideal of dignity of the individual and SDG 10's goal of reduced inequalities.

Sources

  1. 1PIB: Existence of Untouchability: Article 17 and PCR Act scope; 24 cases registered in 2023, 965 pending
  2. 2India Code: Protection of Civil Rights Act, 1955 (Act No. 22 of 1955).pdf): punishment for preaching and practice of untouchability; Section 12 presumption; Section 15A State duties
  3. 3PIB: Cases Registered Under SC/ST (Prevention of Atrocities) Act Rise to 53,372 in 2023: persistence of caste atrocities
  4. 4PIB: DoSJE organizes 29th Review Meeting on Implementation of PCR Act, 1955 and SC/ST (PoA) Act, 1989 Across States/UTs: review of pendency, special courts and vigilance committees

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