Article 17: Abolition of Untouchability

Article 17: Abolition of Untouchability

Notes

Art. 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."

• The Constitution does not define "untouchability". Courts have held it refers to the social practice of treating certain castes as polluting, not merely social boycott or exclusion on other grounds.
• Art. 17 is a right available against both the State and private individuals.
• Parliament (not State legislatures) makes laws to punish its practice under Art. 35.

Related laws

• Untouchability (Offences) Act, 1955, renamed the Protection of Civil Rights Act, 1955 in 1976.
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (amended 2015 and 2018).
• Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
• Art. 46 (DPSP): State to promote educational and economic interests of SC/ST. Art. 335: claims of SC/ST to services. Art. 338 and 338A: National Commission for SCs and STs (separate bodies since the 89th Amendment, 2003).

Other points

• Dr. B.R. Ambedkar led the framing; Art. 17 was adopted with little debate.
• Devarajiah v Padmanna (1958) held that prohibiting a person from entering a hotel or place on caste grounds amounts to untouchability.
• Temple entry laws (Madras Temple Entry Authorisation Act 1947) predate the Constitution. The Sabarimala (2018) case raised, among other issues, whether exclusion could be justified under Art. 25; the matter was referred to a larger bench.

Key Points

• Absolute right: no exceptions or restrictions in the text.
• Binds State and private individuals.
• Not defined in the Constitution.
• PCR Act 1955 (renamed 1976) and SC/ST Atrocities Act 1989 are the key statutes.
• Compare: Art. 15(2), 23 and 24 also bind private persons.

MCQs

Q1. The Untouchability (Offences) Act, 1955 was renamed in 1976 as:
(a) SC/ST Prevention of Atrocities Act
(b) Protection of Civil Rights Act
(c) Scheduled Castes Order Act
(d) Social Justice Act
Ans: (b).

Q2. Art. 17 is enforceable against:
(a) State only
(b) Private individuals only
(c) Both State and private individuals
(d) Only central government
Ans: (c).

Q3. The Constitution of India:
(a) Defines untouchability in Art. 17
(b) Does not define untouchability
(c) Defines it in Art. 15
(d) Defines it in the Eighth Schedule
Ans: (b).