The scope of constitutional morality

The scope of constitutional morality

Article:

1. Kalpana Kannabiran, Professor and Director, has talked about abolition of untouchability in all its forms including manual scavenging.

Important Analysis:

2. As per the Author, abolition of untouchability including Manual Scavenging remains an unrealized constitutional rights.
3. Author says, there are no visible pathways to freedom in this malign caste society unless we realize untouchability is a crime under the Constitution.
4. Article 17 of the Constitution of India states: “Untouchability is abolished and its practice in any form is forbidden”.
5. Why Author has raised concern:

• Steady rise in deaths of manual scavengers.
• Lack of legal aid and advice programmes to address exploitative conditions of work imposed upon the scavengers and sweepers.
• Clear violation of fundamental rights that strikes at the root of their existence.
• There is neither accountability nor due diligence on the part of the state.

6. According to the Author, sanction for manual scavenging lies at the heart of majoritarian mindsets and structures.
7. Outgoing Chief Justice of India Dipak Misra set out four important corners of the Constitution which needs to be guaranteed to every citizen:

• Individual autonomy and liberty
• Equality without discrimination
• Recognition of identity with dignity
• Right to privacy

8. Justice Misra observes, “the sustenance of fundamental rights does not require majoritarian sanction” and call for constitutional-procedural deliberation on the “progressive realization of rights”
9. If decriminalizing “unnatural” sex is one of the “necessary steps on the road to democracy”, abolition of untouchability in all its forms remains an unrealized constitutional right.