Abolition of Untouchability under Article 17

The practice of untouchability is one of the most deeply rooted social injustices in India. It has been perpetuated for centuries, influencing every aspect of the lives of the Dalit and other marginalised communities. 

However, with the adoption of the Indian Constitution in 1950, the makers of our Constitution envisioned a society free from caste-based discrimination. Article 17 of the Indian Constitution directly addresses this issue by abolishing untouchability in all forms and imposing penalties for its practice. 

This article examines the historical background, the provisions of Article 17, its judicial interpretations, and its impact on Indian society.

The Need for Article 17

The social system perpetuating untouchability was not just an issue of individual discrimination but a systematic violation of human dignity. Mahatma Gandhi, who called untouchability the “greatest blot on Hinduism,” led the struggle for the abolition of untouchability. He referred to the untouchables as “Harijans” or children of God, stressing the need for social reforms to uplift these communities.

Dr. B.R. Ambedkar, the chief architect of the Indian Constitution and an advocate for the rights of Dalits, was instrumental in ensuring that the Constitution included provisions that would protect the rights of these communities. Article 17 was included as a critical provision to eradicate untouchability, a social evil that prevented the marginalised communities from enjoying their basic human rights.

The Provisions of Article 17

Article 17 of the Indian Constitution reads:

“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.”

Key Features of Article 17

• Abolition of Untouchability: The practice of untouchability is explicitly abolished by Article 17, making it a constitutional mandate to end caste-based discrimination in any form.
• Punishment for Violation: Any act of enforcing untouchability or imposing disabilities on individuals because of their caste or birth is an offence punishable by law.
• Scope of Article 17: The provision applies to both the State and private individuals. Even private citizens cannot enforce untouchability, and the State is obligated to take action against those who do.
• No Exception: The Article does not allow any exception or justification for the practice of untouchability, even on religious or cultural grounds.

This provision is a fundamental right guaranteed by the Constitution, reflecting the commitment to social justice and human dignity for all citizens, particularly the most marginalised sections of society.

Legislative and Judicial Support for Article 17

While Article 17 laid the foundation for the abolition of untouchability, various legislations and court rulings have further strengthened its implementation.

Protection of Civil Rights Act, 1955

The Protection of Civil Rights Act, 1955 (originally the Untouchability (Offences) Act, 1955) was enacted to implement the provisions of Article 17. It laid down the penalties for various offences related to untouchability:

• Section 3: Punishes those who prevent others from entering public places of worship or offering prayers due to their caste.
• Section 4: Penalises discrimination in public spaces, such as shops, restaurants, hotels, and transport.
• Section 5: Prevents denial of access to hospitals and educational institutions on grounds of caste.
• Section 6: Forbids denial of basic services such as buying goods or receiving services.
• Section 7: Punishes those who subject individuals to physical or mental harassment, or force them into menial jobs like scavenging or flaying animals.

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

While the Protection of Civil Rights Act provided basic safeguards, it was found inadequate in addressing the widespread atrocities faced by Dalits and Scheduled Tribes. This led to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which provides for harsher punishments and special courts to handle cases of caste-based atrocities. This Act is a vital legislative measure aimed at ending untouchability and safeguarding the rights of marginalised communities.

Landmark Cases Related to Article 17

The Supreme Court and various High Courts have consistently interpreted Article 17 to ensure that the law works to its fullest extent. Several landmark cases have contributed to the development of this constitutional provision.

Devarajiah v. Padmanna (1961)

In this case, the Supreme Court held that the purpose of Article 17 is to end the inhuman practice of treating certain individuals as impure solely because of their caste. The Court also stated that any act of discrimination or social boycott based on caste would violate this fundamental right.

State of Karnataka v. Appa Balu Ingale (1993)

In this case, the Supreme Court remarked that untouchability is “an indirect form of slavery”. The Court stressed the need to abolish the caste system as a whole, as untouchability and caste-based discrimination are inseparable. The SC/ST (Prevention of Atrocities) Act was upheld, and the Court reiterated the importance of eradicating untouchability for the functioning of democracy.

Surya Narayan Choudhary v. State of Rajasthan (1988)

In this landmark case, the Rajasthan High Court ruled that any ritual or practice that discriminates against lower castes, such as requiring special purification rituals for Harijans to enter temples, is unconstitutional. The Court declared such practices in violation of Article 17 and directed that such discriminatory rites be abolished.

Indian Young Lawyers Association v. State of Kerala (2018)

In the Sabarimala Case, the Supreme Court expanded the scope of untouchability to include practices of exclusion based on purity-pollution notions. It was argued that prohibiting menstruating women from entering the Sabarimala temple was a form of untouchability, as it violated the principles of equality and non-discrimination. This progressive interpretation of Article 17 sought to address gender discrimination as another form of untouchability.

Conclusion

Article 17 of the Constitution of India is a significant step towards a just and egalitarian society. By abolishing untouchability, it guarantees the fundamental rights of all citizens, ensuring that no one is discriminated against based on caste. However, the practice of untouchability is not easily eradicated, as centuries of social conditioning cannot be undone overnight. 

To fully realise the promise of Article 17, it is crucial for the State to enforce the law rigorously, for society to change its mindset, and for individuals to reject caste-based discrimination in all its forms. True freedom from untouchability will only be achieved when every citizen of India, regardless of their caste, enjoys equal rights, respect, and dignity.