Article 17: Abolition of Untouchability

Actual Article

Article 17 of the Indian Constitution abolishes “untouchability” and forbids its practice in any form. The enforcement of any disability arising out of “untouchability” shall be an offense punishable in accordance with law.

UPSC Notes for Article 17

• Objective: To eradicate the inhuman practice of untouchability and ensure the dignity and equality of all citizens.
• Key Provisions:
• Abolishment of untouchability.
• Prohibition of its practice in any form.
• Legal enforcement against discrimination based on untouchability.
• Significance: This article is a powerful assertion of the commitment of the Indian state to social equality and justice, eliminating one of the most oppressive social practices in Indian history.

Important Cases and Commissions Related to Article 17

• State of Karnataka vs. Appa Balu Ingale (1993): The Supreme Court upheld the conviction under the Protection of Civil Rights Act, 1955, reaffirming the constitutional mandate against untouchability.
• Lata Singh vs. State of U.P. (2006): The Supreme Court observed that caste system and the evil of untouchability have been officially abolished, urging society to move towards equality and brotherhood.
• People’s Union for Democratic Rights vs. Union of India (1982): Addressed the enforcement of Fundamental Rights and the importance of proactive government measures in eliminating untouchability.

Important Reports Related to Article 17

• Kaka Kalelkar Commission (First Backward Classes Commission, 1955): Addressed social and educational backwardness in the context of caste and untouchability, recommending measures to uplift backward classes.
• Mandal Commission Report (1980): Although primarily focused on OBCs, it indirectly addressed untouchability by highlighting social and educational disadvantages among lower castes.

Previous Year Prelims Questions Related to Article 17

1. Prelims 2017:

• Which Article of the Indian Constitution abolishes untouchability?
  • (a) Article 14
  • (b) Article 15
  • (c) Article 16
  • (d) Article 17
  • Answer: (d) Article 17

1. Prelims 2013:

• Under which Fundamental Right has the abolition of untouchability been provided?
  • (a) Right to Freedom
  • (b) Right to Equality
  • (c) Right against Exploitation
  • (d) Right to Constitutional Remedies
  • Answer: (b) Right to Equality

Previous Year Mains Questions Related to Article 17

1. Mains 2015:

• Discuss the role of Article 17 in the eradication of social discrimination in India. How effective has the legal framework been in addressing the issues related to untouchability?

1. Mains 2012:

• Explain the constitutional and legislative measures taken to eliminate untouchability in India. Evaluate their effectiveness in achieving social equality.

Article 17 stands as a testament to the progressive values enshrined in the Indian Constitution, aiming to dismantle the deeply rooted caste-based discrimination and promoting the principles of equality and human dignity. Understanding its implications and the legal framework supporting it is crucial for aspirants preparing for the UPSC examination.