Untouchability

Also called: Article 17, Abolition of untouchability · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 10, Ch 3 "Gender, Religion and Caste"; Class 11, Ch 1 "Political Theory: An Introduction"; Class 11, Ch 3 "Equality"; Class 11, Ch 4 "Social Justice"; Class 11, Ch 5 "Rights"; Class 11, Ch 8 "Secularism"; Class 11, Ch 2 "Rights in the Indian Constitution"; Class 11, Ch 10 "The Philosophy of the Constitution"

Meaning

Untouchability is the caste practice of treating some groups as "impure". It shuts them out of temples, wells, shops and social life, and forces them into "polluting" work. Article 17 abolishes it, forbids its practice "in any form", and makes enforcing any disability that comes from it an offence punishable by law [2].

It matters because Art. 17 is one of the few Fundamental Rights that is absolute and that binds private persons, not just the State. This makes it the Constitution's direct attack on the caste hierarchy.

Explanation

What Article 17 says

• Text: "Untouchability" is abolished and its practice in any form is forbidden [2].
• Enforcing any disability (a restriction or denial imposed on a person) that arises out of untouchability is an offence punishable in accordance with law [2].
• Art. 17 is part of the Right to Equality (Articles 14-18).
• Art. 14 sets the general rule of equality before law.
• Art. 17 applies that rule to one specific social evil.

Key features

• Absolute right:
• Art. 17 has no exceptions.

• It has no "reasonable restrictions" (limits the State may place on a right, as with Art. 19).

• Binds private persons:

• Most untouchability is practised by individuals, not by the government.

• So Art. 17 works against fellow citizens too. This is called horizontal application (a right enforced against private persons, not just the State).

• Covers everyone:

• Arts. 15 and 16 protect only citizens.

• Art. 17 protects all persons.

• Not defined:

• The Constitution does not define "untouchability".

• Courts read it as caste-based exclusion. They do not read it in a loose, literal sense, such as avoiding a sick person.

• "In any form":

• New or hidden forms are also banned.
• Forcing a caste-based "duty" on someone counts as untouchability.

Who makes the punishing law: Art. 35

• Under Art. 35, only Parliament can make laws that prescribe punishment for acts under Art. 17.
• State legislatures cannot do this.
• This keeps one uniform national law against untouchability.

Laws that give effect to Art. 17

• Protection of Civil Rights (PCR) Act, 1955:
• It was passed as the Untouchability (Offences) Act, 1955.
• It was amended and renamed the PCR Act in 1976 [3][4].

• It defines "civil rights" as the rights a person gains because Art. 17 abolished untouchability [3].

• SC/ST (Prevention of Atrocities) Act, 1989: deals with atrocities (serious crimes) against SCs and STs.

• Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013:
• It bans hiring people to clean dry latrines and sewers by hand.
• It provides for their rehabilitation.

In the Constitution and practice

• Place in the Constitution: Art. 17, Part III (Fundamental Rights), in the Right to Equality group (Arts. 14-18). Art. 35 gives Parliament the power to make punishing laws.
• Offences under the PCR Act, 1955 [3]:
• stopping a person from entering a place of public worship that is open to others of the same religion
• denying access to shops, restaurants, hotels or places of entertainment
• denying the use of shared utensils and articles

• forcing anyone to do scavenging, sweeping, carcass removal or flaying because of untouchability

• Duty of states: state governments must take steps so that the rights arising from the abolition of untouchability actually reach the people affected [3].

• Temple entry:
• Art. 15(2) does not name places of worship.
• Temple entry rests on Art. 17 and Art. 25(2)(b). Art. 25(2)(b) lets the State open Hindu religious institutions of a public character to all classes and sections of Hindus.

• The PCR Act makes it an offence to block such entry [3].

• NCERT case: Hadibandhu, Puri (Odisha):

• The dalit community refused to wash the feet of upper-caste guests at a wedding.
• In response, dalit women were beaten up.

• This violates Art. 17, because forcing a caste-based "duty" is a form of untouchability.

• NCERT case: scavenging castes:

• Some castes are forced into scavenging and cannot leave it.
• This violates Art. 17.
• It also touches Art. 23 (ban on forced labour) and Art. 19(1)(g) (the right to choose an occupation).

Don't confuse with

• Art. 15(2) (access to public places): it protects only citizens and lists shops, hotels, wells and roads on the grounds of religion, race, caste, sex and place of birth. Art. 17 protects all persons and targets only untouchability. It is also the basis for temple entry, which Art. 15(2) does not cover.
• Art. 15(4) / 16(4) (reservation): these are enabling clauses. They allow the State to make special provisions. Art. 17 is a prohibition that creates an offence.
• PCR Act, 1955 vs SC/ST (Prevention of Atrocities) Act, 1989: the PCR Act punishes untouchability practices and protects anyone affected. The 1989 Act deals with atrocities (serious crimes) against SCs and STs only.
• Art. 23 (forced labour): it bans begar and forced labour in general. Art. 17 bans caste-based exclusion. Forced scavenging can violate both.

Prelims Hooks

• Untouchability (Offences) Act, 1955 → renamed the Protection of Civil Rights Act in 1976 [4].
• Art. 35: only Parliament, not state legislatures, can make laws to punish acts under Art. 17.
• Rights that bind private persons: Art. 15(2) and Art. 17 apply against private persons, not just the State. Art. 15(1) binds only the State.
• Trap: the Constitution does not define "untouchability". Courts read it as caste-based exclusion.
• Temple entry trap: temple entry is not in Art. 15(2). It rests on Art. 25(2)(b) and Art. 17.
• Trap: Art. 17 is absolute. It has no reasonable restrictions, and it covers all persons, not only citizens.

Mains Points

• Gap between law and reality:
• Art. 17 and the PCR Act ban untouchability "in any form", yet caste violence (Hadibandhu, Puri) and manual scavenging continue.
• Ways to close the gap: special courts, social audits, and rehabilitation under the 2013 Act.

• States must make sure the rights actually reach the people affected [3].

• Horizontal rights and social reform:

• Untouchability lives mainly in private conduct, so a right that binds only the State would achieve little.
• Art. 17 makes the Constitution a tool of social change, not just a limit on government.

• The open question: can criminal law alone change social attitudes, or does it need education and economic independence too?

• Link to dignity and occupation:

• Forced caste-based work (scavenging, flaying, carcass removal) brings together Art. 17, Art. 23 and Art. 19(1)(g).
• Real abolition therefore needs both a ban and rehabilitation through new livelihoods.

Related concepts

• Prohibition of discrimination
• Special provisions for women and children
• Special provisions for backward classes
• Equality of opportunity in public employment
• Residence requirement in public employment
• C.B. Muthamma case
• Abolition of titles
• Balaji Raghavan case

Read more

• Non-discrimination, equal opportunity, untouchability and titles: Articles 15-18