Abolition of Untouchability under Article 17
🔍 Abolition of Untouchability – Article 17 of the Indian Constitution
🧾 Text of Article 17:
“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.”
🧭 Purpose and Objective:
Article 17 aims to:
Eliminate untouchability, a deeply entrenched social evil in India.
Promote social equality by ensuring the dignity of all individuals, especially Dalits (Scheduled Castes).
Transform Indian society into one based on justice, equality, and fraternity, as envisioned in the Preamble of the Constitution.
⚖️ Key Features of Article 17:
| Feature | Description |
|---|---|
| Abolition | Untouchability is completely abolished — not just regulated or limited. |
| Prohibition | Practice of untouchability in any form is strictly prohibited. |
| Punishment | Any act enforcing untouchability is treated as a punishable offence. |
| Fundamental Right | It is a part of the Fundamental Rights (Part III of the Constitution), hence enforceable by courts. |
📌 What is “Untouchability”?
The Constitution does not define the term.
However, courts interpret it to mean caste-based exclusion or discrimination, especially faced by Scheduled Castes in areas like:
Access to temples, water sources, public places
Use of common roads, restaurants, schools, etc.
Not to be confused with forms of social exclusion based on hygiene or personal reasons (e.g., isolation during illness), unless they are linked to caste.
⚖️ Important Case Law:
🧑⚖️ State of Karnataka v. Appa Balu Ingale (1995)
A landmark judgment.
Supreme Court said that Article 17 is a constitutional declaration of social revolution.
Emphasized that untouchability is not just about physical exclusion, but includes mental and psychological humiliation.
“Untouchability is an anathema to the dignity and self-respect of an individual... It is a challenge to the goal of equality and social justice.”
📚 Legal Enforcement:
To give effect to Article 17, Parliament enacted:
✅ Protection of Civil Rights Act, 1955 (originally called the Untouchability (Offences) Act)
Makes the practice of untouchability a criminal offence.
Punishable with imprisonment, fine, or both.
Covers acts like:
Denying entry to temples
Refusing service in hotels or shops
Restricting access to public wells, roads, etc.
✅ Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
Strengthens protection by criminalizing violence, humiliation, and discrimination against SCs/STs.
Includes strict penalties for caste-based crimes.
🧑⚖️ Why Article 17 Matters Today:
Though legally abolished, untouchability still persists in various rural and even urban parts of India.
Article 17 is not just symbolic; it:
Gives power to courts to enforce rights.
Allows victims to seek justice.
Empowers government to pass laws to promote equality.
✊ Conclusion:
Article 17 is a cornerstone of India's social justice framework, declaring in clear terms that untouchability has no place in Indian society. It represents the moral and legal commitment of the Constitution to end caste-based discrimination and ensure equal dignity for every individual, regardless of their birth or background.
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