➤ 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.