The door left ajar: untouchability's problematic history with the law

Vimadalal, Rishit (2020) The door left ajar: untouchability's problematic history with the law. Indian Constitutional Law Review, 11 (1). pp. 45-61. ISSN 24568325

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Abstract

The Supreme Court of India’s pronouncement in Indian Young Lawyers Association & Ors. v. The State of Kerala & Ors. brought about with a it a host of challenges both legally and societally. This paper attempts to deconstruct the notion of untouchability and its various forms as discussed in the Hon’ble Justice Mr. Chandrachud’s opinion in this judgment. This paper discusses the notion of untouchability in India and attempts to emphasise on the caste-based nature of the same. It comments on the extrapolation of untouchability to various temporary forms. It then examines the international manifestations of untouchability by analysing untouchability in several other countries. It then concludes by establishing certain fundamental characteristics of untouchability that might assist the judiciary and parliament in defining the essential features of untouchability.

Item Type: Article
Keywords: Untouchability | Permanent | Temporary | Caste | Article 17
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Arjun Dinesh
Date Deposited: 27 Mar 2022 09:41
Last Modified: 27 Mar 2022 15:58
Official URL: http://harbinger.co.in/journal/iclrq/Edition11.pdf
URI: https://pure.jgu.edu.in/id/eprint/1862

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