Article 17 Of Indian Constitution

Article 17 Of Indian Constitution

Introduction: Article 17 of the Indian Constitution:

Article 17 of the Indian Constitution actively eliminates untouchability, a social evil deeply rooted in India’s caste system. It declares untouchability as abolished and prohibits its practice in any form. This article plays a pivotal role in ensuring social justice and eliminating historical discrimination in Indian society.

Understanding Article 17

This article is fundamental to India’s commitment to social equality and human rights. It does not define ‘untouchability’ explicitly but refers to its historical practice of discrimination against marginalized communities, particularly the Scheduled Castes (Dalits).

Historical Background

Untouchability was a deep-rooted social evil in Indian society, subjecting scheduled-caste communities, to inhumane treatment. Consequently, it denied them access to public places and systematically excluded them from basic rights. Leaders like Dr. B.R. Ambedkar and Jyotiba Phule fought against this discriminatory system. Recognizing the need for legal intervention, the framers of the Constitution included Article 17 as a fundamental right to ensure complete eradication of this practice.

Key Aspects of Article 17

1. Abolition of Untouchability: It completely eradicates the practice of untouchability.
2. Prohibition of Discrimination: The law bans any form of discrimination arising from untouchability.
3. Punishable Offense: Authorities can legally prosecute anyone who enforces untouchability.

This article is absolute in nature, meaning it applies uniformly to all citizens and cannot be violated under any circumstances.

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Legal Provisions and Enforcement

To strengthen the implementation of Article 17, the Indian government introduced the Untouchability (Offences) Act, 1955, later renamed the Protection of Civil Rights Act, 1955. This law:

1. Declares the practice of untouchability a punishable offense.
2. Prohibits discrimination in public spaces, wells, temples, shops, and restaurants.
3. Criminalizes the refusal to provide services, employment, or education based on caste.

Further, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was enacted to provide stricter punishment for crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs) 

Landmark Judgments on Article 17

1. State of Karnataka v. Appa Balu Ingale (1993)

In this case the issue was, Upper-caste people prevented a group of Scheduled Caste members from using a public well; consequently, this highlighted discrimination. The Supreme Court ruled that such acts violate Article 17 and upheld stringent punishment against those practicing untouchability. This case strengthened the principle that public places must remain accessible to all, regardless of caste.

2. S. R. Bommai v. Union of India (1994)

This case primarily emphasized the secular nature of India; moreover, it reaffirmed the importance of Article 17. The Supreme Court held that any state policy promoting untouchability or caste-based discrimination is unconstitutional. This case reinforced the constitutional mandate to eradicate caste-based exclusion.

3. Safai Karamchari Andolan v. Union of India (2014)

In this case, Activists challenged the practice of manual scavenging as a form of untouchability, thereby advocating for its abolition. The Supreme Court directed the government to completely eliminate manual scavenging, provide rehabilitation, and take strict action against those enforcing this inhuman practice. The judgement in this case expanded the scope of untouchability to include degrading practices such as manual scavenging.

4. People’s Union for Democratic Rights v. Union of India (1982)

In this case, The exploitation of marginalized communities in labor-intensive work was challenged. Reformers opposed the exploitation of marginalized communities in labor-intensive work, ultimately pushing for better labor rights. The Supreme Court emphasized that economic exploitation based on caste is a violation of Article 17. The judgement in this case linked untouchability with economic and social oppression, emphasizing that discrimination goes beyond physical exclusion.

5. M.C. Mehta v. Union of India (2018)

This case brought attention to the issue of Dalits being forced into hazardous occupations like sewer cleaning, thereby demanding systemic reforms. In this case, The court ruled that compelling Dalits to engage in such work amounts to untouchability and directed the government to ensure alternative employment. The Judgment held in this case strengthened the judicial interpretation of Article 17 by broadening its scope beyond traditional forms of untouchability.

Also read : Article-14-of-Indian-Constitution

Challenges in Implementation

Despite strong constitutional and legal safeguards, the following challenges persist:

1. Social Mindset: Deep-rooted caste prejudices continue to influence societal behavior.
2. Implementation Gaps: Weak enforcement of anti-untouchability laws, especially in rural areas.
3. Judicial Delays: Cases related to caste-based discrimination often face long legal battles.
4. Political Influence: Local caste-based politics sometimes hinder justice for victims.

Also read : Article-15-of-Indian-Constitution

Conclusion

Article 17 of the Indian Constitution is a landmark provision that aims to eradicate one of the worst forms of social discrimination. While it has laid the foundation for an equitable society, the fight against caste-based oppression continues. Education, legal reforms, and social awareness play a crucial role in upholding the principles of Article 17 in both letter and spirit.

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