Article 17 of Constitution is very Important. Why?

Article 17 is intended in the Indian constitution to end untouchability against lower castes. Article 17 in the Indian constitution was made effective from 1st June 1955. It deals with establishing social justice towards the lower caste in Indian Society. Article 17 ensures that any practice of social justice should be avoided.

Why Article 17 important?

Article 17 of the Indian Constitution

Article 17 was introduced in the Lok Sabha on 8th May 1955 and passed in both houses. Article 17 in the Indian constitution was made effective from 1st June 1955. This law states that “Untouchability should be terminated based on caste and its practice in any form should strictly avoided.

Article 17 of the Indian Constitution	Read

According to Article 17, On being found guilty of practicing untouchability on any other person for the first time, the law imposes imprisonment of 6 months or a fine of 500 rupees or both.

This Article is very crucial in the Indian Constitution as it tries to bridge the gap between the different sections of society. It tries to reinforce the principle of equality among the citizens which is an important pillar of a democracy.

Untouchability is a criminal offense and its usage in any form is prohibited. The main aim of introducing Article 17 in the Indian Constitution is to establish equality in Indian society.

Untouchability in Indian Society

Untouchability was originally a class system in which people belonging to low caste were categorized as “untouchable.” These people would work in fields such as farming, mining, and quarrying and they also carry out menial tasks, like skinning dead animals, cleaning latrines, and unclogging sewers. It is against human dignity.

Some examples of untouchability are:

• Preventing any person from entering into the temple.

• Justifying untouchability on traditional, religious, philosophical, or other grounds.

• Denying access to any shop, hotel, club, places, or resources of public entertainment, etc.

• Insulting a person belonging to a scheduled caste(SC, ST, OBC) on the ground of untouchability.

Untouchability Offences Act of 1955

To fulfil the mandate provided by article 17 and 35, the Parliament passed The Untouchability Offences Act 1955, which includes punishment for untouchability. But later , In the year 1976, the previous Act of 1955 was incorporated as ‘The Civil Rights Protection Act 1955’.

Main provisions of Article 17

This will be a punishable offense, in which no pardon can be given in any way. There can be imprisonment of 6 months or a fine of 500 rupees or both if proven. Any candidate standing in Parliament or State elections if he is proved guilty will be disqualified.

Why Article 17 is very important in Indian Constitution

Social Justice: Article 17 reflects the commitment of the Indian Constitution to social justice. The goal of prohibiting untouchability is to get rid of deeply entrenched form of discrimination that has repeatedly denied fundamental human rights of certain groups in society.

Equality: The concept of untouchability inherently goes against the principles of equality. “Regardless of the caste or background of a person , every citizen is equal in the eyes of the law” is the ideal of Article 17. Discrimination is not acceptable in a modern and democratic society is the important message conveyed by article 17.

Human Dignity: Untouchability is a violation of human dignity.  Article 17 works to safeguard individual  against actions that degrade or demean and recognize their  intrinsic value and dignity.

Constitutional Morality: Article 17 contributes to the larger framework of constitutional morality. It creates a moral and legal framework that directs the actions of people and organizations, thus establishing a community that is  harmonious and inclusive .

Legal Safeguard: By explicitly prohibiting untouchability, Article 17 provides a legal safeguard for individuals who may be subjected to such practices. It encourages people to seek justice and legal protection.

Conclusion

In India, untouchability in any form is illegal and subject to legal sanctions. Furthermore, it is crucial that the notion of Untouchability not be taken literally. Untouchability should be understood from the perspective of Indian society, though. Overall, By promoting the ideals of equality, social justice, and human dignity and abolishing the practice of untouchability completely from the society , Article 17 is more than simply a legal provision; it also plays a critical role in addressing historical injustices and therefore creating a more inclusive and equitable society in India.

Article 17 of the Indian Constitution – FAQs

1. Which part of the Indian Constitution mention Article 17?

The abolition of untouchability was mentioned under Fundamental Rights. It has been included in Part III of the constitution of India.

2. What are some other laws to end untouchability?

The Untouchability Offences Act of 1955, The Protection Of Civil Liberties Act 1976 and, The Scheduled Caste And Scheduled Tribe Prevention Of Atrocities Act, 1989 are some other acts to end untouchability.

3. Is untouchability defined in the Constitution ?

“Untouchability” is neither defined in the Constitution nor in any act.

4. What is the punishment for violating Article 17?

The punishment for violating the rules of Article 17 can be six months of imprisonment or a specific amount of fine to a particular person.