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    Article 17

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    Article 17

    Uploaded by

    Naveen Yadav
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    Article 17

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    Naveen Yadav

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    Constitution:

    Abolition of
    Untouchability - Art. 17

    G. Vaishnav Kumar,
    B.A., LL.M., PGCJFSC., (Ph.D.), NET & SET
    Asst. Professor (Law),
    Pendekanti Law College, Hyderabad.
    If the God believes in
    untouchability, I will not consider
    him as God
    —Bal Gangadhar Tilak
    CONTENTS
    ● Introduction
    ● Art. 17 of the Constitution of India
    ● Case Laws
    Introduction
    Introduction
    ● Untouchability is the practice of ostracising a group of
    people regarded as 'untouchables', as ascribed in the
    Vedic Hindu literature to persons of "high caste" or to
    persons excluded from the caste system resulting in
    the segregation and persecutions from the people
    regarded as "higher" caste.
    ● Untouchability is prohibited under Art. 17 of the
    Constitution of India.
    Article - 17
    Article 17 of the 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.”

    ● Important features of this article are that it:


    ○ Abolishes untouchability & its practice in any from;
    and
    ○ Declares that the enforcement of any disability
    arising out of untouchability shall be an offence
    punishable in accordance with the law.
    Article 17 of the constitution
    ● The main object is to ban the practice of
    untouchability in any form.
    ● To give effect to Art. 17, Parliament enacted the
    Untouchability (Offences) Act, 1955, prescribing
    punishments for practising untouchability in various
    forms.
    ● In 1976, the Act was renamed as the “Protection of Civil
    Rights Act, 1955”.
    Article 17 of the constitution
    ● “Protection of Civil Rights Act, 1955” prescribes:
    ○ Punishment for enforcing religious disabilities.

    ○ Punishment for enforcing social disabilities.

    ○ Punishment for refusing to admit person to hospitals, etc.

    ○ Punishment for refusing to sell goods or render services.

    ○ Punishment for other offences arising out of


    "untouchability".

    ○ Unlawful compulsory labour when to be deemed to be a


    practice of "untouchability".
    Article 17 of the constitution
    ● Abolition of untouchability in itself is complete and its
    effect is all pervading applicable to:
    ○ state action as well as
    ○ acts or omissions by individuals,
    ○ Institutions or
    ○ juristic body of persons
    Article 17 of the constitution
    ● An interesting point - while the Fundamental Rights,
    are restrictions mainly on government activities,
    Arts. 17 and 15(2) protect an individual from
    discriminatory conduct not only on the part of the
    state but even on the part of private persons in certain
    situations.
    Article 17 of the constitution
    ● Parliament has also enacted the Scheduled Castes
    and Scheduled Tribes (Prevention of Atrocities) Act,
    1989, in order—
    ○ to prevent the commission of atrocities against
    the members of the Scheduled Castes and the
    Scheduled Tribes;
    ○ to provide for setting up of special Courts for the
    trial of offences under the Act and
    ○ also to provide for the relief and rehabilitation of
    victims of such offences.
    Article 17 of the constitution
    ● Subject-matter of Art. 17 is not untouchability in its
    literal or grammatical sense but the “practice as it
    had developed historically in this country”.
    ● Art. 17 is concerned with those regarded untouchables
    in the course of historic development.
    Case laws
    Case laws
    ● Bangalore Woollen, Cotton and Silk Mills Co. Ltd. v.
    State of Mysore (1957 Karn.)
    Held: treating of persons as untouchables either
    temporarily or otherwise for various reasons, e.g.,
    suffering from an epidemic or a contagious disease,
    or social observances associated with birth or death,
    or social boycott resulting from caste or other
    disputes do not come within the purview of Art. 17.
    Case laws
    ● Devarajiah v. Padmanna, (1961 Mad)
    Instigation of a social boycott of a few individuals, or
    their exclusion from worship, religious services or food,
    etc., is not within the contemplation of Art. 17.

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