Article 17 of Indian Constitution | Abolition of Untouchability | Indian Polity

Summary

In this video, Priya discusses Article 17 of the Indian Constitution, which abolishes untouchability and prohibits its practice in any form. The script explains the historical context and judicial interpretation of 'untouchability,' emphasizing its caste-based nature. It outlines the legislative actions taken by the Indian Parliament, such as the Untouchability Offences Act of 1955 and its subsequent amendments leading to the Protection of Civil Rights Act. The video also touches on the broader application of Article 17, protecting citizens from untouchability by both state and private entities, and mentions the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989, which further addresses the issue.

Takeaways

• 📜 Article 17 of the Indian Constitution specifically addresses the abolition of untouchability and prohibits its practice in any form.
• 🚫 The term 'untouchability' is not defined in the Constitution but has been interpreted by the judiciary to mean caste-based untouchability.
• ⚖️ The enforcement of any disability arising from untouchability is considered an offense under the law, with punishments outlined in the Untouchability Offences Act, 1955.
• 🔄 The Untouchability Offences Act was revised in 1976 to become the Civil Rights Protection Act, enhancing punishments and making offenses non-compoundable.
• 👥 The Act imposes a duty on public servants to investigate instances of untouchability, with failure to do so also being an offense.
• 🛐 Places of worship are included in the Act, making the practice, preaching, or justification of untouchability within them an offense.
• 🏛️ State governments are empowered to impose collective fines and punishments in areas where discriminatory practices are prevalent.
• 📚 The protection under Article 17 extends to both state and private individuals, offering broader coverage compared to other articles.
• 📖 The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, complements Article 17 by providing additional punishment and relief measures against untouchability.
• 🔗 The script encourages viewers to learn more about the Constitution and offers a course for in-depth study, including discussions on landmark cases and weekly constitutional analysis.

Q & A

What is the primary focus of the video script provided?

The primary focus of the video script is to discuss Article 17 of the Indian Constitution, which deals with the abolition of untouchability and the legal implications of its practice.

Where are the fundamental rights of the Indian Constitution discussed?

The fundamental rights of the Indian Constitution are discussed in Part III, from Article 12 to Article 35.

What does Article 14 of the Indian Constitution address?

Article 14 addresses the general principles of equality, ensuring that all citizens are treated equally before the law.

What are the five grounds on which discrimination is prohibited as per Article 15 of the Indian Constitution?

Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.

What does Article 16 of the Indian Constitution provide for?

Article 16 provides for equal opportunity in public employment, ensuring that there is no discrimination in the recruitment process.

What does Article 17 specifically prohibit?

Article 17 specifically prohibits untouchability in any form and declares the enforcement of any disability arising from untouchability as an offense punishable by law.

How is the term 'untouchability' interpreted in the context of Article 17?

In the context of Article 17, 'untouchability' is interpreted to mean caste-based untouchability, as per the judiciary's interpretation in the Jai Singh vs. State of Rajasthan case.

What is the role of Article 35 in relation to the punishment prescribed under Article 17?

Article 35 empowers the Parliament to prescribe punishment for offenses under Part III of the Constitution, including those related to untouchability as mentioned in Article 17.

What was the outcome of the committee set up in 1965 to revise the Untouchability Offenses Act?

The committee recommended various changes, leading to the incorporation of the Civil Rights Protection Act in 1976, which enhanced punishments and made offenses related to untouchability non-compoundable.

What is the significance of the Civil Rights Protection Act in relation to Article 17?

The Civil Rights Protection Act provides specific punishments for offenses related to untouchability, ensuring the enforcement of Article 17's prohibition against untouchability.

How does the Supreme Court view the objective of Article 17 in the context of caste and religion?

The Supreme Court has stated that the objective of Article 17 is to remove all forms of disability, restriction, and prohibition based on caste and religion.