Previous Year Question

The abolition of untouchability is provided under Article 17, which forms part of the Right to Equality contained in Part III of the Constitution.

Article 17:

• Abolishes untouchability.

• Prohibits its practice in any form.

• Makes the enforcement of any disability arising out of untouchability an offence punishable according to law.

The Right to Equality comprises Articles 14 to 18:

• Article 14: Equality before law and equal protection of laws.

• Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

• Article 16: Equality of opportunity in public employment.

• Article 17: Abolition of untouchability.

• Article 18: Abolition of titles.

Article 17 is a constitutional prohibition against a specific social evil. It operates not only against the State but also against private individuals. No person, group or institution can impose disabilities upon another person or deny access to public places, services or facilities on the ground of untouchability.

To implement Article 17, Parliament enacted the Untouchability (Offences) Act, 1955. It was comprehensively amended and renamed the Protection of Civil Rights Act, 1955 in 1976, with more stringent penal provisions.

The Act defines a “civil right” as any right accruing to a person by reason of the abolition of untouchability under Article 17. Denial of access to places of worship, shops, public restaurants, hospitals, educational institutions, public water sources and other public facilities on the ground of untouchability may constitute an offence.

Neither the Constitution nor the Protection of Civil Rights Act provides a literal definition of “untouchability.” The expression is understood in the context of the historical social practice of caste-based untouchability.