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Article 19 Copyyyyy (Ref)

Article 17 of the Indian Constitution abolishes the practice of untouchability and any form of disability arising from it. While untouchability is not defined, courts have interpreted it as caste-based discrimination and untouchability practices. To enforce Article 17, the Protection of Civil Rights Act was passed in 1955, making the practice of untouchability a punishable offense. The Act was later strengthened based on a committee's recommendations, enhancing punishments and placing duties on public servants to investigate complaints related to untouchability practices. Article 17 aims to remove disabilities and restrictions imposed on the basis of caste.

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50 views3 pages

Article 19 Copyyyyy (Ref)

Article 17 of the Indian Constitution abolishes the practice of untouchability and any form of disability arising from it. While untouchability is not defined, courts have interpreted it as caste-based discrimination and untouchability practices. To enforce Article 17, the Protection of Civil Rights Act was passed in 1955, making the practice of untouchability a punishable offense. The Act was later strengthened based on a committee's recommendations, enhancing punishments and placing duties on public servants to investigate complaints related to untouchability practices. Article 17 aims to remove disabilities and restrictions imposed on the basis of caste.

Uploaded by

Nandita Agarwal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Article 17

Talks about 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
Qqq
While a making of the Constitution of India, Sardar Vallabh bhai patella d
dr be Ambedkar if we make untouchability as a fundamental right and the
practice as an offence, the practice of untouchability shall then be
abolished

However, the word untouchability, has not been defined in a


Constitution or under any act

The extent and application of untouchability, was thereby come to be


known by the judiciary

Rajasthan Hugh Court in the case


Jai Singh V. UOI

And madras high court in the case of DEVARAJIAH V. B PADMANNA

Said that the word contained untouchability in the article 17 of the


Indian constitution, contained in inverted commas cannot be derived by
in meaning by its grammatical or literal meaning however needs to be
looked upon through its historical practices

It will be caste based untouchability/ caste based discrimination


For the abolishment of untouchability, article 17 says
That untouchability in any form is forbidden
If a person still preach or practice untouchability ,the. Such a person will
be punished as per law
The part 3 of the Indian constitutions contains certain fundamental rights
.
From the article 12-35, all the offences which are said to be punishable

Article 35 is mandated by the law to perform this function

Article 17 says , that anybody who commits untouchability shall be


punishable

For this, the parliament passed the untouchability offences act of 1955
But later on, it was observed that the punishments are inadequate
To bring about changes in this act, a committee on untouchability
economic and educational development of the should caste in 1965

With the recommendations of this Committee ,protection of civil rights


act 1955 was renamed by this name
Key modifications of this act

All the offences under the protection of civil rights, the punishment was
enhanced to NON COMPOUNDABLE

Duty of public servant to investigate


Place of worship if there is untouchability, it all is an offence under this
act
If an area has a lot of people practising untouchability then the
government can fine or punish such people

2
Case law
People union of i
People union of democratic rights V. UOI
In this case it was said that the provisions article 15 clause 2 and article 17
That arae available against the state and also the private individuals
State of Karnataka V. Appa Bal Ingale
Objective of article 17 is that, the disabilities, prohibitions and restrictions
on the grounds of the caste and religion, can be removed

SC AND ST PREVENTION OF ATTROCIES ACT 1989

OFFENCES

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