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ARTICLE 17 – Abolition of Untouchability

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🟦 ARTICLE 17 – Abolition of Untouchability

📜 Constitutional Text (Bare Language)

“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.”

🟨 Simple Explanation

✅ What is Article 17?

  • Article 17 abolishes untouchability in all forms in India.

  • It declares that no one can be treated as an untouchable or denied rights because of their caste.

  • Any person who practices or promotes untouchability can be punished by law.

🔍 Important Points to Understand

⚖️ 1. Part of Fundamental Rights

  • Article 17 is a part of Right to Equality (Articles 14 to 18) – it ensures social equality, not just legal or political.

📚 2. No Definition of 'Untouchability'

  • The word "Untouchability" is not defined in the Constitution or in any law.

  • But, as per courts, it should be understood in the context of Indian caste-based discrimination.

🏛 3. Historical Understanding

  • The Mysore High Court held that “Untouchability” means what it historically meant in India – caste-based discrimination, especially against Scheduled Castes (Dalits).

  • It does not refer to physical touching in literal terms but to social exclusion.

📌 Link to Other Articles

🔹 Article 15(2):

  • Strengthens Article 17 by banning denial of access to:

    • Shops, restaurants, public places, tanks, wells, roads, etc.

    • No one can be denied public access based on caste, religion, etc.

⚖️ Case Law: Safai Karamchari Andolan v. Union of India (2014)

🚨 Issue:

Even though manual scavenging was banned by law, it was still being practiced in many parts of India — especially by people from Dalit communities, who were forced to do it due to poverty and caste-based discrimination.

  • Petition under Article 32 (Right to Constitutional Remedies)

  • Filed to enforce the law banning manual scavenging (cleaning human waste by hand) – seen as a form of modern untouchability

It violates fundamental rights:

  • Article 17 – abolishes untouchability

  • Article 21 – right to live with dignity

  • Article 14 – right to equality

🧾 So the petitioners (Safai Karamchari Andolan) said:

  • The government is not enforcing the law.

  • People are still being forced into manual scavenging.

  • This is modern untouchability, and it is unconstitutional.

  • They filed a petition under Article 32 in the Supreme Court asking for:

    • Full enforcement of the law

    • Rehabilitation and compensation for affected families

🧑‍⚖️ Court's Orders:

The Court said that:

👉 Manual scavenging is inhuman, a violation of fundamental rights, and a form of modern untouchability.

It criticized the central and state governments for failing to enforce the law and protect the dignity of the affected communities.

  1. Rehabilitation of all manual scavengers

  2. Scholarships for their children

  3. One-time cash support to families

  4. Skill training for one member of the family

  5. Legal assistance and support

  6. ₹10 lakh compensation for every sewer death

🔴 This case showed that caste-based discrimination still exists, and Article 17 needs active enforcement by the government.

📚 Laws Supporting Article 17

To implement Article 17, Parliament passed the following law:

📘 Protection of Civil Rights Act, 1955

  • Punishes the practice of untouchability

  • Provides penalties for denying access to public places, services, temples, etc.

  • Applies to individuals, institutions, and even government officials

🟩 Article 17 vs US Constitution

India USA
Article 17 abolishes untouchability 13th Amendment abolishes slavery
Focus: Caste discrimination Focus: Race-based slavery

👉 Both aim at social justice, not just legal equality.

✅ Summary for UPSC Prelims & Mains

Feature Description
Article No. 17
Right Type Fundamental Right (Right to Equality)
Abolishes Untouchability (in all forms)
Punishable by Law
Supporting Act Protection of Civil Rights Act, 1955
Important Case Safai Karamchari Andolan v. UOI (2014)
Similar to US 13th Amendment (abolition of slavery)

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