Article 17 of the Costitution of India with Case law
📜 Article 17 – Constitution of India
“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.”
🔍 Explanation:
Objective: Article 17 aims to abolish the practice of untouchability, which was prevalent in Indian society against Dalits (Scheduled Castes).
It ensures social equality by prohibiting discrimination based on caste.
The Article has absolute nature — it does not allow any exceptions.
⚠️ However, the term "untouchability" is not defined in the Constitution. Courts have interpreted it to mean discrimination based on caste, especially against Dalits.
🧾 Statutory Support:
To enforce Article 17, Parliament enacted:
Protection of Civil Rights Act, 1955 (originally called Untouchability (Offences) Act, 1955)
SC/ST (Prevention of Atrocities) Act, 1989
These laws prescribe penalties for practising or encouraging untouchability and discrimination.
⚖️ Landmark Case Laws on Article 17:
1. People’s Union for Democratic Rights v. Union of India (1982 AIR 1473)
The Supreme Court held that forced labour, denial of access to public places, or work discrimination based on caste can be considered a form of untouchability.
Enforcement of Article 17 can be judicially reviewed.
2. State of Karnataka v. Appa Balu Ingale (1995 SCC (2) 354)
The Court recognized that caste-based discrimination still existed despite laws, and Article 17 must be strictly enforced.
"Untouchability is not only a sin but also a crime," observed the Court.
3. Devarajiah v. B. Padmana (AIR 1958 Mysore 84)
The first major case interpreting Article 17.
Held that the term ‘untouchability’ used in Article 17 must be understood in the historical context — specifically against caste discrimination.
4. P. Rathinam v. Union of India (1994)
While primarily a case on right to die, the Court highlighted Article 17 as a fundamental commitment to human dignity and equal treatment, as part of the broader scope of Fundamental Rights.
🧑⚖️ Key Features of Article 17:
| Feature | Description |
|---|---|
| 📌 Scope | Applies to both State and private individuals |
| 🚫 Absolute | No law, custom, or usage can justify untouchability |
| 🔧 Punishment | Parliament may make laws to enforce this right (e.g., Civil Rights Act, 1955) |
| ⚖️ Justiciable | Violations can be challenged in courts of law |
| 🛑 No Exceptions | Even religious or cultural practices cannot permit untouchability |
📚 Conclusion:
Article 17 is a powerful tool for social justice in India. It not only provides for abolition of untouchability but also places an obligation on the State to ensure equality and punish offenders who practise or encourage caste discrimination.
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