Article 17 of the Constitution of India: Explanation with Important cases
Date: 24 May, 2020
By : Pradeep Yadav
By : Pradeep Yadav
Abolition of Untouchability
Bare Text of Article 17
Article 17: 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 offence punishable in accordance with the law.
Article 17 in Graphic mode.
Understanding Article 17
Article 17 is banning Untouchability in India in all its form. It is made punishable by law. The word Untouchability is put under inverted commas in Article 17. This means that the meaning of Untouchability should not be taken in its literal grammatical sense. Rather than that the meaning of Untouchability should be understood by putting the Indian society in mind. In Indian society, Untouchability was followed by the Hindu Caste system which made Shudras as an untouchable caste.
Article 17 is a very important part of the Right to Equality. It not only provides equality but also social justice. This article in a way is similar to the 13TH Amendment of the American Constitution which banned Slavery in all its forms.
Important Laws made by the Government for Article 17
It is essential to understand that the abolition of Untouchability is punishable by law. The power to create laws to implement the Fundamental rights are given under Article 35 of the Constitution of India.
Using the power given to the Parliament under Article 35 the government created Untouchability (offences) Act, 1955, later this act was amended and a new act is made which was named as The Protection of Civil Rights Act, 1955.
Using the power given to the Parliament under Article 35 the government created Untouchability (offences) Act, 1955, later this act was amended and a new act is made which was named as The Protection of Civil Rights Act, 1955.
1. The Protection of Civil Rights Act, 1955
This act is giving various provisions for the fight against the Untouchability. This act is making all the offences against the Untouchability as non-compoundable. It is important to understand that this law made it compulsory for a public servant to investigate every complaint. If a Public servant is not doing his duty then he will be made a part of the abettor of the Act. Any kind of preaching of Untouchability is also made punishable under this Act.
2. Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989
This is a very important Act which is made to prevent the atrocities against the Schedule Caste and Schedule Tribe. This Act made the establishment of special courts to decide the cases related to the commission of offences under this act. Section 18 of this Act makes the commission of offences under this Act a non-bailable offence.
Important Cases related to Article 17
1. People’s Union for Democratic Rights v. Union of India, AIR 1982
The Supreme Court said that when the rights under Article 17 will be violated by any private individual then it will be the responsibility of the state to take action immediately. This is made to ensure that the poor SC and ST community of untouchables need not come to court just for enforcing their fundamental rights.
The Supreme Court said that when the rights under Article 17 will be violated by any private individual then it will be the responsibility of the state to take action immediately. This is made to ensure that the poor SC and ST community of untouchables need not come to court just for enforcing their fundamental rights.
2. State of Karnataka v. Appa Balu Ingale, AIR 1993
In this case, the respondent was convicted by the lower courts but acquitted by the High court on the charge of stopping the people from lower caste to use the newly dug bore well. He was acquitted by the high court. There was a testimony given against the respondent by 4 Harijans.
This led to an acceptance of the Judgment of the lower courts by the Supreme Court.
In this case, the respondent was convicted by the lower courts but acquitted by the High court on the charge of stopping the people from lower caste to use the newly dug bore well. He was acquitted by the high court. There was a testimony given against the respondent by 4 Harijans.
This led to an acceptance of the Judgment of the lower courts by the Supreme Court.
3. Safai Karamchari Andolan and Ors. v. Union of India and Ors.
A writ under Article 32 was filed by the Petitioners praying for the enforcement of Manual Scavengers’ and Construction of Dry Latrines (Prohibition) Act, 1993 by the Central Government, State Governments and Union Territories. In this case, the Court issued various directions:
A writ under Article 32 was filed by the Petitioners praying for the enforcement of Manual Scavengers’ and Construction of Dry Latrines (Prohibition) Act, 1993 by the Central Government, State Governments and Union Territories. In this case, the Court issued various directions:
- Rehabilitation of all the manual scavengers
- Giving Scholarships to the children of Manual Scavengers.
- Giving one-time cash assistance to manual scavengers.
- One member of their family should be given skill training in livelihood.
- Other legal assistance as needed for them.
- Compensation of 10 Lakh rupees for every sewer death.
