Article 17 of the Indian Constitution holds a significant place as it addresses a deeply entrenched social evil that persisted for centuries in India: the practice of untouchability. The framers of the Constitution, aiming to establish a just and egalitarian society, unequivocally abolished untouchability.
Article 17: Abolition of Untouchability
Text of the Article: "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."
Interpretation and Provisions:
1. Absolute Prohibition: Article 17 categorically abolishes untouchability, ensuring that there's no ambiguity in its stance against this dehumanizing practice. Unlike some other provisions that allow for exceptions under certain conditions, Article 17 allows no exceptions.
2. Punishment for Violation: Not only does the article abolish untouchability, but it also mandates that its practice in any form is a punishable offense. This provision demands legislative action to ensure the eradication of the practice and penalization of its propagators.
3. Legislation for Implementation: Pursuant to Article 17, the Parliament enacted the Untouchability (Offences) Act in 1955. This act specified various offenses indicative of untouchability and provided for stringent punishment for those practicing it. Later, in 1976, the act was renamed the Protection of Civil Rights (PCR) Act and was amended to widen its scope and make penalties more stringent.
4. Beyond Ritualistic Untouchability: The ambit of Article 17 isn't just limited to the traditional caste-based untouchability. It has a broader scope, and courts have interpreted it as prohibiting any form of systemic discrimination and dehumanization.
5. Relationship with Other Articles: Article 17 should be read in conjunction with other articles like Article 15 (which prohibits discrimination on various grounds, including caste) and Articles 23 and 24 (which deal with the prohibition of forced labour).
It's important to note that while Article 17 was a ground breaking constitutional provision, its practical effectiveness depends on societal transformation, effective enforcement of laws, and continued sensitization and awareness campaigns. Despite legal safeguards, vestiges of untouchability persist in some parts of India, highlighting the need for rigorous societal and administrative efforts to fully realize the objectives of Article 17.
