Article 17 Of Indian Constitution Notes | Abolition of Untouchability

Article 17 Of Indian Constitution

Article 17 Of Indian Constitution Notes | Abolition of Untouchability

Hello friends, In this post “Article 17 Of Indian Constitution Notes | Abolition of Untouchability“, We will read about “Article 17 Of the Indian Constitution In detail with an In-depth Analysis. So…

Let’s Start…

Introduction

Article 17 of the Indian Constitution abolishes untouchability and forbids its practice in any form. the enforcement of any incapacity arising out of untouchability (Article 17) shall be an offense punishable in accordance with the law.

There are two important legislations related to Article 17 of the Indian constitution

  • Protection of civil rights act, 1955
  • Scheduled castes and scheduled tribes(prevention of atrocities)act,1989.

In 1976, the untouchability offenses act 1955 has been generally amended and rename as protection of civil rights act 1955

 to enhance the scope and make penal provision more stringent under the revised act at the practice of untouchability
 was made both cognizable(arrest without magisterial warrant) and non-compoundable(no compromise can be reached). the term untouchability has not been defined either within the constitution or within the Act.

However, the Mysore high court held at the topic matter of Article 17 isn’t untouchable in its literal or grammatical sense but practices because it had developed historically in the country. it refers to the social disabilities in the post on certain classes of the person by reason of their birth in certain castes.

Under the protection of the civil rights act 1955, the offenses committed on the bottom of untouchability are punishable either by imprisonment up to six months or by fine up to (Rs 500) are. A person convicted of the offenses of untouchability is disqualified for election to the Parliament or state legislature. the act declared the following acts as offenses:

  1. Preventing an individual from entering anywhere of public worship or from worshipping therein;
  2. justifying untouchability on traditional, religious, philosophical, or other Grounds;
  3. denying access to any shop, hotel, or places of public entertainment;
  4. insulting an individual belonging to scheduled caste on the bottom of untouchability;
  5. refusing to admit the person in hospitals, educational institutions, or hostels established for public benefit;
  6. preaching untouchability directly or indirectly;
  7. refusing to sell goods or render services to a person.

The Supreme Court held that right under Article 17 of the Indian constitution is available against private individuals and it is the Constitutional obligation of the state to take necessary action to ensure that this right is not violated.

Read:

  1. Article 16 Of Indian Constitution Notes UPSC & Case Laws
  2. Article 20 Of Indian Constitution | Protection Against Conviction of Offences

Recent amendments in Schedule caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The major amendment is- (Article 17 of Indian constitution)

  • Forcing an SC or ST individual to vote or not vote for a specific candidate in a very manner that’s against the law is an offense under the act.
  • Assaulting or sexually exploiting an SC or ST woman is an offense below the act.
  • New offenses extra under the bill include:(a) garlanding with footwear,
    (b) compelling to dispose or carry human or animal carcasses, or do manual scavenging,
    (c) abusing sc or st by caste name in public,
    (d) attempting to promote feelings of ill-will against SC or ST or disrespecting any individual command in high esteem, and
    (e)
     imposing or threatening a social or economic boycott.
  • Role of employees: the act specifies that a non-SC or ST public servant who neglects his duties relating to SCs or STs shall be punishable with imprisonment for a team of six months to 1 year.
  • An exclusive special court should be established at the district level to do offenses the bill.
  • The bill adds a chapter on the rights of victims and witnesses. it shall be the duty of the state to form arrangements for the protection of victims, their dependents, and witnesses. the state government shall specify a scheme to confirm the implementation of the rights of victims and witnesses.

Read:

  1. Article 21 Of Indian Constitution UPSC Notes | Right To Life
  2. List Of All Salient Features Of Indian Constitution

Solved Queries:

cases related to article 17 of the Indian constitution, article 17 of the Indian constitution notes, article 17 of the Indian constitution UPSC, Abolition of Untouchability, Abolition of Untouchability Case Laws.

2 thoughts on “Article 17 Of Indian Constitution Notes | Abolition of Untouchability”

Leave a Comment

Your email address will not be published. Required fields are marked *