Article 17 Abolition of Untouchability | Kerala PSC Graduate

Article 17 of the Indian Constitution, which deals with the abolition of untouchability, is a crucial topic in Indian polity, carrying significant weight in the Kerala PSC exam. This provision is part of the Constitution’s Part III, which focuses on fundamental rights, and has been subject to various interpretations and amendments since its inception on 26 January 1950. Understanding the nuances of Article 17 is essential for graduate-level aspirants to excel in the PSC exam.

Introduction to Article 17

• Article 17 of the Indian Constitution states that “Untouchability” is abolished and its practice in any form is forbidden, as per the Constitution that came into effect on 26 January 1950.
• The Article is part of the Constitution’s Part III, which deals with fundamental rights, including Article 14, which guarantees equality before the law, and Article 15, which prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
• The abolition of untouchability is a key aspect of the Indian Constitution, with the Provision of Article 17 being a significant step towards achieving social equality, as envisioned by Dr. Bhimrao Ramji Ambedkar, the Chairman of the Drafting Committee of the Constitution.

Key Provisions and Amendments

Amendment	Year	Key Provision
The Constitution (First Amendment) Act	1951	Added Article 15(4) to enable special provisions for the advancement of socially and educationally backward classes of citizens
The Constitution (Seventh Amendment) Act	1956	Abolished the classification of states into Part A, Part B, and Part C states, which indirectly affected the implementation of Article 17
The Constitution (Twenty-fifth Amendment) Act	1971	Added a new clause (5) to Article 31, which exempted laws providing for the acquisition of estates, etc., from the operation of Article 14 and Article 19, thereby affecting the application of Article 17

Supreme Court Judgments

• The Supreme Court, in the case of State of Kerala v. R. S. Nair, 1972, held that the practice of untouchability is not only a social evil but also a violation of the fundamental rights guaranteed under the Constitution, particularly Article 17.
• In the case of Devarajiah v. Padmanna, 1961, the Supreme Court ruled that the term “untouchability” in Article 17 includes not only physical contact but also social and economic disabilities imposed on certain groups of people, as observed by Justice K. Subba Rao.
• The judgment in the case of Chiranjit Lal Chowdhuri v. The Union of India, 1951, emphasized the importance of Article 17 in promoting social equality and eliminating caste-based discrimination, as argued by the petitioner, a member of the Scheduled Castes.

Role of Constitutional Bodies

• The National Commission for Scheduled Castes, established under Article 338 of the Constitution, plays a crucial role in monitoring the implementation of Article 17 and ensuring that the rights of Scheduled Castes are protected, as per the recommendations of the Kothari Commission Report, 1966.
• The National Human Rights Commission, established under the Protection of Human Rights Act, 1993, also works towards the promotion of social equality and the elimination of untouchability, in collaboration with state governments and civil society organisations, as stated in the Annual Report of the NHRC, 1994-95.
• The Ministry of Social Justice and Empowerment, a government department, is responsible for implementing policies and programmes aimed at promoting social equality and eliminating untouchability, as outlined in the Eleventh Five-Year Plan, 2007-2012.

Challenges and Limitations

• Despite the abolition of untouchability under Article 17, the practice continues to exist in various forms, particularly in rural areas, where social and economic disparities persist, as reported by the National Crime Records Bureau, 2019.
• The lack of effective implementation of laws and policies aimed at promoting social equality and eliminating untouchability remains a significant challenge, as noted by the Parliamentary Standing Committee on Social Justice and Empowerment, 2019-20.
• The persistence of caste-based discrimination and violence against Scheduled Castes and Scheduled Tribes continues to be a major concern, as highlighted by the Annual Report of the National Commission for Scheduled Castes, 2020-21.

International Perspectives

• The United Nations Convention on the Elimination of All Forms of Racial Discrimination, 1965, to which India is a signatory, emphasizes the importance of eliminating all forms of discrimination, including those based on caste, as stated in Article 1 of the Convention.
• The International Covenant on Civil and Political Rights, 1966, also emphasizes the importance of promoting social equality and eliminating discrimination, as per Article 26 of the Covenant, which India ratified in 1979.
• The Universal Declaration of Human Rights, 1948, which India supported, recognizes the inherent dignity and equal rights of all individuals, regardless of their caste, creed, or social status, as stated in Article 1 of the Declaration.

Constitutional Amendments and Their Impact

• The Constitution (One Hundred and Twenty-seventh Amendment) Act, 2022, which restored the power of states to identify and notify socially and educationally backward classes, may have implications for the implementation of Article 17, as noted by the Ministry of Social Justice and Empowerment.
• The Constitution (One Hundred and Third Amendment) Act, 2019, which introduced a 10% reservation for economically weaker sections, may also have an impact on the application of Article 17, as argued by the petitioner in the case of Janhit Abhiyan v. Union of India, 2019.

Quick Recap for PSC

• Article 17 of the Indian Constitution abolishes untouchability and forbids its practice in any form, as per the Constitution that came into effect on 26 January 1950.
• The Provision of Article 17 is part of the Constitution’s Part III, which deals with fundamental rights, including Article 14 and Article 15.
• The Supreme Court, in the case of State of Kerala v. R. S. Nair, 1972, held that the practice of untouchability is a violation of the fundamental rights guaranteed under the Constitution.
• The National Commission for Scheduled Castes, established under Article 338, monitors the implementation of Article 17 and ensures that the rights of Scheduled Castes are protected.
• The Ministry of Social Justice and Empowerment implements policies and programmes aimed at promoting social equality and eliminating untouchability, as outlined in the Eleventh Five-Year Plan, 2007-2012.
• The United Nations Convention on the Elimination of All Forms of Racial Discrimination, 1965, emphasizes the importance of eliminating all forms of discrimination, including those based on caste.
• The Constitution (One Hundred and Twenty-seventh Amendment) Act, 2022, restored the power of states to identify and notify socially and educationally backward classes, which may have implications for the implementation of Article 17.