Question

Write a note on Article 17 of the Indian Constitution.
MAC​

Answer 1

Answer:

Explanation:

Abolition of Untouchability (Article 17) According to Article 17,

“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.

Parliament is authorised to make a law prescribing the punishment for violation of Fundamental Rights (Art. 35), and, in exercise of this power, Parliament has enacted the Untouchability (Offences) Act, 1955, which has been amended and renamed in 1976 as the Protection of Civil Rights Act, 1955. This Act was amended by the Untouchability ( Offences) Amendment Act, 1987, in order to make the untouchability laws more stringent. However, the Constitution or the Act does not define what Untouchability is. According to the Supreme Court, Untouchability should not be understood in its literal or grammatical sense. It is to be understood as the practice as it had developed historically. It has been assumed that the word has a well-known connotation, primarily referring to any social practice which looks down upon certain depressed classes solely on account of their birth and disables them from having any kind of intercourse with people belonging to the so-called higher classes or castes. The Act declares certain acts as offences, when done on the ground of ‘untouchability’, and prescribes the punishments therefor, e.g.;

refusing admission to any person to public institutions, such as hospital, dispensary, educational institution;

preventing any person from worshipping or offering prayers in any place of public worship;

subjecting any person to any disability with regard to access to any shop, public restaurant, hotel or public entertainment or with regard to the use of any reservoir, tap or other source of water, road, cremation ground or any other place where ‘services are rendered to the public’.

insulting a member of a Scheduled Caste on the ground of untouchability;

preaching untouchability, directly or indirectly;

justifying untouchability on historical, philosophical or religious grounds or on the ground of tradition of the caste system.

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