Article 17 of Indian Constitution, Enforcement, Significance

Article 17 of Indian Constitution, under Part III (Fundamental Rights), is a key provision addressing the historic social injustice of untouchability. This practice existed in Indian society for centuries, extended discrimination and inequality based on caste.

Article 17 of Indian Constitution not only abolishes untouchability in all its forms but also makes its practice a punishable offence under the law. It stands as a constitutional safeguard for the promotion of social equality and the eradication of caste-based discrimination, reinforcing the foundational principles of equality and justice in India’s democratic framework.

Article 17 of Indian Constitution

“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.

Article 17 of Indian Constitution

Article 17 of Indian Constitution, is included under Part III – Fundamental Rights, abolishes the practice of untouchability and prohibits its observance in any form. It mandates that any act enforcing or promoting discrimination based on untouchability is a punishable offence under law.

• Abolition of Untouchability – Permanently ends the centuries-old practice, recognising it as a grave violation of human dignity.
• Comprehensive Ban – Declares any manifestation of untouchability whether social, economic, or cultural, illegal and unconstitutional.
• Punishable Offence – Imposes legal consequences on individuals who enforce restrictions or discriminate on the basis of untouchability.
• Part of the Right to Equality – Constitutes a core element of the constitutional guarantee of equality, ensuring equal rights for all citizens.
• Advancing Social Justice – Serves as a constitutional tool for promoting dignity, respect, and equal treatment regardless of caste or background.

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Article 17 of Indian Constitution Enforcement

Article 17 of Indian Constitution implemented prohibition of untouchability is given practical effect through statutory measures, which includes:

The Protection of Civil Rights Act, 1955

Enacted to implement the constitutional mandate of Article 17, this Act criminalises the practice of untouchability in all forms. It:

• Prescribes punishments for individuals or groups enforcing untouchability.
• Includes preventive provisions to discourage discriminatory practices.
• Ensures protection of the rights of victims and promotes their access to justice..

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

This law provides an additional layer of protection for members of Scheduled Castes (SCs) and Scheduled Tribes (STs), addressing both untouchability and other acts of discrimination or violence. It:

• Aims to prevent atrocities, harassment, and social boycotts targeting SCs and STs.
• Mandates the creation of Special Courts for speedy trial of offences.
• Imposes stringent penalties on offenders to deter violations and ensure justice for victims.

Article 17 of Indian Constitution Judicial Implications

The Supreme Court and High Courts have clarified the scope and application of Article 17 of Indian Constitution through several landmark judgments:

• Jai Singh v. Union of India (AIR 1977) and Devrajiah v. B. Padmana (AIR 1958): The courts held that the term “untouchability” in Article 17 does not carry a literal or grammatical meaning. Instead, it refers to the historical system of caste-based social disabilities. Practices such as social boycotts or exclusion from religious services, unless tied to caste-based discrimination, do not fall within the ambit of Article 17.

• People’s Union for Democratic Rights v. Union of India (AIR 1982): The Supreme Court ruled that when private individuals violate rights guaranteed under Article 17, it is the duty of the State to intervene promptly. The State’s obligation exists regardless of whether the affected individuals are capable of asserting their rights independently.

• State of Karnataka v. Appa Balu Ingale (AIR 1993): The Court expressed strong concern over the continued prevalence of untouchability, describing it as a form of modern slavery and a manifestation of the caste system. In this case, the respondents were accused of preventing the complainant from drawing water from a borewell solely because of their caste status.

• Indian Young Lawyers Association v. State of Kerala (AIR 2018): In the Sabarimala Temple entry case, the Supreme Court held that barring women of certain age groups from entering the temple amounted to a form of social exclusion prohibited under Article 17. The Court interpreted the article’s protection broadly to cover any form of social segregation or unequal treatment.

Article 17 of Indian Constitution Social Significance

• By abolishing untouchability, Article 17 reinforces the constitutional principle of equality and ensures that no individual is denied rights or opportunities on the basis of caste.
• The provision safeguards the rights of historically disadvantaged communities, guaranteeing access to public spaces, services, and opportunities previously withheld due to caste-based exclusion.
• It challenges entrenched social hierarchies, aiming to curb caste-based prejudices, discrimination, and violence.
• Beyond legal enforcement, Article 17 plays a role in shaping societal attitudes, promoting respect, dignity, and equal treatment for all citizens irrespective of social background.

Article 17 of Indian Constitution Challenges

• Despite constitutional safeguards, caste-based discrimination and untouchability practices persist in certain regions. This calls for stricter enforcement of laws along with sustained public awareness campaigns to change social attitudes.
• The Protection of Civil Rights Act, 1955, and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, must be enforced effectively. This includes ensuring speedy trials through special courts and providing adequate protection and support to victims.
• Reducing dependence and vulnerability requires economic self-reliance for marginalized communities. This can be achieved through skill development, entrepreneurship promotion, and better access to credit and market opportunities.
• Long-term change demands active community participation in reform initiatives and promoting inter-caste interaction to break down social barriers and reduce damages.