Article 17 of Indian Constitution: Abolition of Untouchability

Under part III, Article 17 of Indian Constitution is an important provision that acknowledges the issue of untouchability. It is a practice that has been historically deep-rooted social injustice in Indian society. Art 17 plays an important role for the promotion of social equality and to fight discrimination based on caste. It not only abolishes untouchability but also gives legal consequences for its practice . It establishes foundational principles of equality and justice in the Indian democratic structure . Explore other Constitutional Articles.

Article 17 of Constitution 

Abolition of Untouchability

Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offense punishable in accordance with law.

Note: “The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

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Article 17 of the Indian Constitution, enshrined under Part III - Fundamental Rights, explicitly abolishes untouchability and forbids its practice in any form. It declares that any act enforcing untouchability or promoting discrimination based on it is a punishable offence under law. Key Highlights of Article 17 of Constitution of India are as under :

• Abolition of Untouchability: The article permanently abolishes the centuries-old practice of untouchability, recognizing it as a serious violation of human dignity.
• Ban on Practice: Any form of untouchability—whether social, economic, or cultural—is declared illegal and unconstitutional.
• Punishable Offence : If any individual enforces restrictions or discriminates based on untouchability they are liable to be punished under the law .
• Part of Right to Equality: Article 17 of the Indian Constitution is related to a significant component of the Right to Equality, reinforcing the Constitution’s aim to provide equal rights to all citizens.
• Upholding Social Justice : This provision is instrumental in advancing social justice and ensuring respect, dignity and equal treatment for every citizen regardless of caste or background.

In essence, Article 17 of Constitution serves as a firm legal and moral stand against caste-based discrimination and is vital to building an inclusive and egalitarian society.

Article 17 of Indian Constitution Legal Provisions

Article 17 of the Indian Constitution is enforced through statutory laws like Protection of Civil Rights Act 1955 and SC/ST (Prevention of Atrocities) Act 1989 . The laws penalizes untouchability and gives protection for affected communities . It also ensures strict penalties for violators .

The Protection of Civil Rights Act 1955 : 

This Act was introduced to give effect to Article 17 of Indian Constitution which abolishes untouchability . It criminalizes the practice of untouchability and prescribes punishments for anyone found enforcing it . The Act also includes measures to prevent such discriminatory practices and ensures that the rights of victims are protected . It plays a crucial role in promoting social equality by legally backing the abolition of untouchability .

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 :

This Act further strengthens legal protection for Scheduled Castes (SCs) and Scheduled Tribes (STs), including cases involving untouchability . It aims to prevent atrocities and acts of violence or discrimination against these communities . The Act mandates the establishment of Special Courts for speedy trial and imposes strict penalties on offenders ensuring justice for victims and reinforcing the constitutional mandate of Article 17 .

The Courts have clarified the scope and application of Art 17 in various landmark judgements which are as follows-

Jai Singh v. Union of India (AIR 1977) and Devrajiah v. B. Padmana (AIR 1958) 

The Court has explained untouchability as mentioned in Article 17 of Constitution does not refer to literal or grammatical interpretation but to the historical practice of social disabilities imposed on individuals due to their caste. The definition excludes issues like social boycotts or exclusion from religious services.

People Union for Democratic Rights v. Union of India (AIR 1982)

The Supreme Court in People Union for Democratic Rights v. Union of India held that when private individuals violate rights under 17 Article of Indian Constitution it is the duty of the state to act promptly. The responsibility of State is not diminished even if the affected individuals can themselves seek to protect or enforce their rights.

State of Karnataka v. Appa Balu Ingale (AIR 1993)

The Supreme Court in State of Karnataka v. Appa Balu Ingale, showed concern over the ongoing practice of untouchability as mentioned under Article 17 of Indian Constitution. The Court described it as a form of modern-day slavery and an extension of the caste system. In this case, the Respondents were accused of preventing the Complainant from using water from a newly dug borewell because of their untouchable status.

Indian Young Lawyers Association v. State of Kerala (AIR 2018)

The Supreme Court held that the practice of restricting women’s entry into the Sabarimala Temple violated Article 17. The Court ruled that such discriminatory practices, based on gender and age fall under the broader prohibition of untouchability which forbids any form of social exclusion and unequal treatment.

Article 17 of Indian Constitution Social Implications

Article 17 of Indian Constitution deals with ending caste-based discrimination and promotes equal treatment for everyone . It works to create a fairer and more respectful society .

• Promotion of Equality : It focuses on the principle of equality by outlawing practices that discriminate based on caste . Its purpose is to provide a more inclusive society where individuals are not discriminated against or treated unfairly due to their caste.
• Empowerment of Marginalized Communities : By curbing the practice of untouchability it supports the upliftment of marginalized communities granting them the right to access to public spaces, services and opportunities that were previously denied to them.
• Reduction in Caste-based Discrimination: It challenges the deeply ingrained social hierarchies and prejudices related to caste, contributing to reduction in caste-based discrimination and violence.
• Cultural and Social Change: Over time, Article 17 of Indian Constitution is related to promoting a cultural shift towards more egalitarian attitudes by encouraging respect and dignity for all individuals irrespective of their social background.

Article 17 of Indian Constitution Policy Implications

Article 17 of the Indian Constitution influences various government policies aimed at eliminating untouchability and promoting social justice. It guides legislative, educational and legal measures for equality and dignity for all citizens.

• Legislative Measures : The government is required to enact and enforce laws that prevent discrimination and provide redressal mechanisms for victims of discrimination .
• Implementation and Monitoring: Effective implementation of laws related to untouchability requires continuous monitoring and assessment to ensure that the provisions are being followed and to address any shortcomings.
• Education and Awareness : Policies promoting education and awareness about the side effects of caste based discrimination are essential to change social attitudes and ensure broader compliance with Article 17 of Indian Constitution .
• Affirmative Action : Article 17 of the Constitution supports the broader framework of affirmative action in education and employment for marginalized communities helping to level the playing field and promote social justice .
• Legal Framework: The legal system must be vigilant in prosecuting violations of Art 17 and ensure that infringers are held accountable and victims receive justice.

Article 17 of Indian Constitution Challenges & Way Forward

What is Article 17 ? It legally abolishes untouchability; its full implementation faces several hurdles on the ground. Addressing these challenges requires a multifaceted approach involving legal enforcement, economic inclusion & societal change

• Social Discrimination :Despite existing laws untouchability and caste based discrimination continue in various regions. There is a need for stricter enforcement of laws and enhanced social awareness.
• Implementation of Law: Effective application of the Protection of Civil Rights Act, 1955, and The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, is the need of the hour . This includes providing timely justice through specialized courts and the victims are protected from discrimination .
• Economic Empowerment: Achieving economic independence for marginalized communities is essential to prevent the practice of discrimination . This needs a greater emphasis on skill development, entrepreneurship and access to financial resources .
• Community Involvement: Promoting community engagement in social reform efforts and encouraging inter caste interactions to reduce social divisions .

Conclusion

Article 17 of Indian Constitution is more than just a legal provision; it's a testament to India's commitment to social justice and equality . By abolishing untouchability the Constitution aims to rectify historical injustices and pave the way for a more inclusive society .

However the mere existence of Article 17 of the Indian Constitution isn't sufficient . Its true essence lies in its effective implementation and the collective efforts of society to eliminate caste-based discrimination . While significant progress has been made, challenges persist, necessitating continuous vigilance and proactive measures .

Education, awareness and community engagement are crucial in changing mindsets and eradicating deep-seated prejudices . The state must ensure strict enforcement of laws related to untouchability and society must foster an environment of respect and equality .

In essence Article 17 of Constitution serves as a beacon, guiding India towards a future where every individual, regardless of their caste or background, can live with dignity, free from discrimination . It's a call to action for all citizens to uphold the values of equality and justice ensuring that the dark legacy of untouchability is relegated to history.