Notes

Article 17

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Article 17

➤ Article 17:
Abolition of Untouchability:
  • The practice of untouchability in any form is abolished and forbidden.
  • Any enforcement of a disability arising from untouchability is an offence punishable by law.
➤ Protection of Civil Rights Act, 1955:
  • In 1976, the Untouchability (Offences) Act, 1955 was amended and renamed as the Protection of Civil Rights Act, 1955.
  • The Act expanded the scope of the law and made the penal provisions stricter.
  • It defines a civil right as any right accruing to a person due to the abolition of untouchability under Article 17.
➤ Interpretation of 'Untouchability':
  • The term 'untouchability' is not defined in the Constitution or the Act.
  • However, the Mysore High Court ruled that Article 17 refers to the practice of untouchability as it had historically developed in India.
  • It involves social disabilities imposed on certain classes of persons based on their birth in specific castes.
  • It does not cover social boycott of a few individuals or exclusion from religious services.
➤ People's Union for Democratic Rights Case (1982):
  • In this case, the Supreme Court held that the right under Article 17 is applicable against private individuals.
  • The State has a constitutional obligation to take necessary action to ensure that this right is not violated.