Cast system in India is a social structure that has been developing since the decline of Maurya empire in 3rd century BC. One of its inseparable consequences is the phenomenon of untouchability – social exclusion. Due to colonialism and the introduction of capitalism to India cast system lost its economical foundations which were guarantee of elementary respect between untouchables and higher castes. Those changes led to new forms of discrimination. Because of that independent India in the Constitution enacted in 1950 in art. 17 abolished untouchability and its practice in any form. The struggle of legal system with social exclusion embraced also penal regulations and reservations of places in the Parliament for the members of lower castes. After 65 years of affirmative action we can assess how effective that policy is and how it affected the whole society. Despite of the fact that the condition of untouchables among other castes is getting better nowadays, legal regulations should be criticized. It is not possible to eradicate the phenomenon of untouchability without eliminating cast system in total. The improvement of lower castes’ welfare is the result of the decomposition of cast system in Indian culture and not legal restrictions.