Article 17 is a fundamental provision of the Indian Constitution, enshrined in Part III under the Right to Equality (Articles 14-18). It unequivocally abolishes the practice of "Untouchability" and forbids its practice in any form. The provision was adopted by the Constituent Assembly on November 29, 1948, and became Article 17 of the Constitution of India in 1950.
The article was created to solve the centuries-old problem of social injustice and discrimination rooted in the caste system, which historically imposed severe disabilities on certain communities. It serves as a constitutional safeguard to protect the dignity of all citizens and reinforce the principle of social equality.
Article 17 works by declaring that the enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law. Although the term "Untouchability" is not defined in the Constitution, courts have clarified that it refers to the historical system of social disabilities imposed on certain classes by reason of their birth in certain castes, not its literal or grammatical meaning. The Supreme Court, in State of Karnataka v. Appa Balu Ingale (1993), held that untouchability was an indirect form of slavery and an extension of the caste system.
The provision connects directly to the Protection of Civil Rights Act, 1955 (Act No. 22 of 1955), which was enacted to give effect to the constitutional mandate of Article 17. This Act, originally called the Untouchability (Offences) Act, 1955, was amended and renamed in 1976 to the Protection of Civil Rights Act, 1955. The Act criminalizes various acts committed on the grounds of untouchability, such as preventing a person from entering a place of public worship (Section 3) or denying access to a shop or public restaurant (Section 4). The Act defines "civil rights" as any right accruing to a person by reason of the abolition of "Untouchability" by Article 17. Furthermore, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is a related legislation that provides more stringent penalties for offences against members of these communities. Article 17 itself has not been amended since its creation.