Article 17 of the Indian Constitution stands as a cornerstone of fundamental rights, specifically addressing the historical injustice of ‘Untouchability’. Rooted in social reform movements and the fight against caste-based discrimination, this article aims to eradicate a deeply entrenched social evil that has plagued Indian society for centuries. It is a direct mandate from the Constitution makers to build a society based on equality and dignity, free from discrimination based on birth.
This article is not merely a statement of principle but carries the force of law, making any practice of ‘Untouchability’ a punishable offence. Its inclusion in Part III (Fundamental Rights) highlights its significance as a basic human right and a non-negotiable aspect of the Indian democratic framework.
Original Text
“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.
Detailed Explanation
Article 17 categorically abolishes ‘Untouchability’ and prohibits its practice in any form. The term ‘Untouchability’ is not defined in the Constitution itself. However, its meaning is understood from its historical context, referring to the social disabilities and indignities imposed upon persons belonging to certain castes based on their birth. It is interpreted to cover not just the literal meaning of avoiding physical contact but also includes various social disabilities historically associated with the practice, such as denial of access to temples, wells, public places, educational institutions, and discrimination in employment or social interaction.
The article has two main components:
- Abolition of ‘Untouchability’: This is a declaration that the practice of ‘Untouchability’ is hereby brought to an end. It signifies a complete break from past discriminatory practices.
- Prohibition of practice in any form: This clause makes it clear that any manifestation or form of ‘Untouchability’, whether direct or indirect, is prohibited. It aims to cover all possible ways in which this discrimination might be perpetuated.
- Punishment for enforcement of disability: This is the punitive aspect. It mandates that the enforcement of any disability arising out of ‘Untouchability’ shall be an offence. This offense is punishable in accordance with law, implying that Parliament has the power and obligation to enact legislation to prescribe the punishment for such offenses.
The power to make laws prescribing punishment for acts declared to be offences under Article 17 lies with Parliament under Article 35(a)(ii). This led to the enactment of the Untouchability (Offences) Act, 1955, which was later amended and renamed as the Protection of Civil Rights Act, 1955 (PCRA). Further, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted to provide stringent measures for the prevention of atrocities against SCs and STs, which often arise from caste-based discrimination and practices akin to ‘Untouchability’.
Article 17 is significant because it is an absolute right and is not subject to any exceptions or limitations specified in the Constitution itself. It directly strikes at the root of social inequality and discrimination based on caste. It is a mandate not just for the state but also against private individuals, making it one of the few fundamental rights that are enforceable against persons other than the state.
Detailed Notes
- Abolishes ‘Untouchability’ completely.
- Prohibits the practice of ‘Untouchability’ in any form.
- The term ‘Untouchability’ is not defined in the Constitution but refers to historical social disabilities imposed on certain groups based on birth/caste.
- Enforcement of any disability arising from ‘Untouchability’ is declared an offence.
- Parliament is empowered by Article 35(a)(ii) to make laws prescribing punishment for this offence.
- Key legislation enacted based on this power:
- Untouchability (Offences) Act, 1955 (renamed as Protection of Civil Rights Act, 1955 - PCRA).
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Article 17 is a fundamental right listed in Part III of the Constitution.
- It is an absolute right, not subject to any limitations.
- Enforceable against the State as well as private individuals.
- Aims to eradicate caste-based discrimination and promote social equality and dignity.
Additional Comments
- The Protection of Civil Rights Act, 1955 (PCRA) specifies various acts constituting ‘Untouchability’ (like denying access to shops, public restaurants, hotels, places of public entertainment, places of worship, hospitals, educational institutions, public conveyances) and prescribes penalties.
- The SC/ST (Prevention of Atrocities) Act, 1989 provides more stringent provisions and penalties for a wider range of offenses committed against Scheduled Castes and Scheduled Tribes, often stemming from the same underlying discriminatory attitudes.
- The Supreme Court has held that the right under Article 17 is available against private individuals as well, and it is the constitutional duty of the State to take necessary action to ensure that this right is not violated.
- Despite constitutional abolition and legal prohibition, the practice of ‘Untouchability’ persists in various overt and subtle forms in many parts of India, highlighting the gap between constitutional ideals and social reality.
Summary
Article 17 of the Indian Constitution abolishes ‘Untouchability’ in all its forms, declaring its practice a forbidden act and the enforcement of any related disability an offence punishable by law. This fundamental right, located in Part III, is an absolute prohibition against caste-based discrimination and is enforceable against both the State and private individuals. Legislation like the Protection of Civil Rights Act, 1955 and the SC/ST (Prevention of Atrocities) Act, 1989 have been enacted by Parliament under the mandate of Article 35 to provide for the punishment of offences arising from the practice of ‘Untouchability’. It is a crucial provision aimed at achieving social equality and dignity for all citizens.