AIR 1958 MYSORE 84

Mysore High Court

Hon'ble Judge(s): N. Sreenivasa Rau , J

Untouchability (Offences) Act (22 of 1955) , S.3, S.4— Untouchability - Meaning. ^Words and Phrases. Constitution of India , Art.17— The Act is obviously a law passed by Parliament in accordance with the provisions of Art. 17 of the Constitution of India. It is to be noticed that that word 'untouchability' occurs only in Art. 17 and is enclosed in inverted commas. This clearly indicates that the subject-matter of that Article is not untouchability in its literal or grammatical sense but the practice as it had developed historically in this country.(Para 4) In the Act in question also, the word 'untouchability' has been used in the same sense.(Para 5) Comprehensive as the word 'untouchability' In the Act is intended to be, it can only refer to those regarded as untouchables in the course of historical development. A literal construction of the term would include persons who are treated as untouchables either temporarily or otherwise for various reasons, such as their suffering from an epidemic or contagious disease or on account of social observances such as are associated with birth or death or on account of social boycott resulting from caste or other disputes. The imposition of untouchability in such circumstances has no relation to the causes which relegated certain classes of pe....