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Article 17

Abolition of Untouchability

Category: Fundamental Rights
Article 17 - Abolition of Untouchability

What is Article 17?

Article 17 is a Fundamental Right under the Right to Equality. It abolishes “Untouchability” and prohibits its practice in any form. The Article does more than simply declare that untouchability is abolished. It also provides that enforcing any disability arising from untouchability is an offence punishable in accordance with law. The constitutional provision is aimed at preventing exclusion, discrimination and disabilities imposed on people because of practices associated with untouchability. It therefore gives the principle constitutional status and requires the legal system to address conduct arising from such practices. Article 17 is different from Article 15 in its specific constitutional focus. Article 15 prohibits discrimination on specified grounds, while Article 17 specifically abolishes untouchability and makes enforcement of disabilities arising from it an offence punishable according to law. Parliament has enacted laws to give effect to Article 17. The Untouchability (Offences) Act, 1955 was subsequently amended and renamed the Protection of Civil Rights Act, 1955. The Legislative Department records that the Protection of Civil Rights Act was enacted in pursuance of Article 17. Therefore, Article 17 is both a constitutional prohibition and a foundation for legal protection against disabilities arising from the practice of untouchability.

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Official Constitutional Text

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 law.

Article 17 Explained in Simple Words

Article 17 is a Fundamental Right under the Right to Equality. It abolishes “Untouchability” and prohibits its practice in any form. The Article does more than simply declare that untouchability is abolished. It also provides that enforcing any disability arising from untouchability is an offence punishable in accordance with law. The constitutional provision is aimed at preventing exclusion, discrimination and disabilities imposed on people because of practices associated with untouchability. It therefore gives the principle constitutional status and requires the legal system to address conduct arising from such practices. Article 17 is different from Article 15 in its specific constitutional focus. Article 15 prohibits discrimination on specified grounds, while Article 17 specifically abolishes untouchability and makes enforcement of disabilities arising from it an offence punishable according to law. Parliament has enacted laws to give effect to Article 17. The Untouchability (Offences) Act, 1955 was subsequently amended and renamed the Protection of Civil Rights Act, 1955. The Legislative Department records that the Protection of Civil Rights Act was enacted in pursuance of Article 17. Therefore, Article 17 is both a constitutional prohibition and a foundation for legal protection against disabilities arising from the practice of untouchability.

Article 17 in Simple Words

Article 17 abolishes untouchability and forbids its practice in any form. Enforcing any disability arising from untouchability is an offence punishable according to law.

Article 17 Example

Suppose a person is denied access to a place or facility solely because of a practice associated with untouchability. Such exclusion cannot be justified merely by treating it as a social custom, because Article 17 constitutionally abolishes untouchability and prohibits its practice. Another example would be imposing a disability on a person because of a practice arising from untouchability. Article 17 specifically provides that enforcement of such a disability is an offence punishable in accordance with law. The exact legal consequences depend on the applicable legislation and facts of the case. Article 17 provides the constitutional foundation for protection against such practices.

What is Article 17 of the Indian Constitution?

Article 17 is a Fundamental Right that abolishes untouchability and prohibits its practice in any form. It also provides that enforcement of any disability arising from untouchability shall be an offence punishable according to law.

What does Article 17 say?

Article 17 states that untouchability is abolished and that its practice in any form is forbidden. It further provides that enforcing any disability arising from untouchability is an offence punishable in accordance with law.

Which Fundamental Right includes Article 17?

Article 17 forms part of the Right to Equality in Part III of the Constitution. It appears after Articles 14, 15 and 16 and before Article 18.

What is the purpose of Article 17?

The purpose of Article 17 is to constitutionally abolish untouchability and prevent disabilities imposed on people because of practices arising from untouchability. It gives this protection the status of a Fundamental Right.

Does Article 17 prohibit untouchability in every form?

Yes. The constitutional text expressly states that the practice of untouchability in any form is forbidden. The Article does not provide a constitutional exception permitting its practice.

Is violation of Article 17 punishable?

Article 17 expressly provides that enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law. Parliament has enacted legislation giving effect to this constitutional provision.

Which law was made to give effect to Article 17?

The Untouchability (Offences) Act, 1955 was enacted in pursuance of Article 17. It was subsequently amended and renamed the Protection of Civil Rights Act, 1955.

What is the Protection of Civil Rights Act, 1955?

The Protection of Civil Rights Act, 1955 is legislation connected with the constitutional prohibition of untouchability under Article 17. It provides legal measures relating to offences associated with the enforcement of disabilities arising from untouchability.

What is the difference between Article 15 and Article 17?

Article 15 prohibits discrimination on specified grounds such as religion, race, caste, sex and place of birth. Article 17 has a specific constitutional focus on abolishing untouchability and prohibiting its practice in any form.

Is Article 17 a Fundamental Right?

Yes. Article 17 is contained in Part III of the Constitution, which deals with Fundamental Rights, under the Right to Equality.

Why is Article 17 important?

Article 17 gives constitutional protection against untouchability and practices arising from it. It also expressly treats enforcement of disabilities arising from untouchability as an offence punishable according to law.

Article 17 and equality

Article 17 supports the constitutional principle of equality by prohibiting a specific form of social exclusion and disability. It complements the broader equality protections contained in Articles 14, 15 and 16.

What does Article 17 mean in simple words?

In simple words, Article 17 says that untouchability has no place under the Constitution. Its practice in any form is prohibited, and enforcing disabilities arising from it can result in punishment under law.

Article 17 in the Indian Constitution

Article 17 is a short but significant constitutional provision. It directly abolishes untouchability and creates a constitutional basis for legal action against enforcement of disabilities arising from such practices.

Article 17 key points

The key points are: untouchability is abolished; its practice in any form is forbidden; enforcement of disabilities arising from untouchability is an offence; and laws may provide the applicable punishment and legal procedure.

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Source: Legislative Department, Ministry of Law and Justice, Government of India