Article 17 of the Indian Constitution


Article 17 of the Indian Constitution 

Untouchability is a social evil which causes a huge gap between different sections of the society and it also violates the principle of equality of status and opportunity enshrined in preamble of the Indian Constitution. Our Constitution makers have realised the need to eradicate the untouchability prevailing as an evil in the society and they have made provision for abolition of untouchability in the Constitution. 

Article 17 : Abolition of untouchability 

 Article 17 : “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.

'Untouchability' is neither define the Constitution nor in any Statute. 

In exercise of powers conferred by Article 35 parliament has enacted the Untouchability (offences) Act, 1955 . The Act was amended and renamed as the Untouchability (Offences) Amendment Act , 1976  in order to make the law more stringent to remove untouchability from the society. It has been now renamed as The protection of Civil Rights Act, 1955 . The expression 'civil rights' is defined as 'any rights accruing to a person by reason of the abolition of untouchability by Article 17 of the Constitution. 
Under this Act, it shall be the duty of public servants to investigate such offences and if public servent wilfully neglects it, he shall be deemed to have abetted such offence. 

Punishment - Any person practising untouchability shall be punished with imprisonment upto 6 months and a fine of Rs. 500/- or both, under this Act. 

Case: People's Union for Democratic Rights 🆚 Union of India, 1982 SC 
                             Or 
        Asiad project workers case 

Held - SC held that the Fundamental Rights under Article 17 are available against private individuals and it is the constitutional duty of the state to take necessary steps to see that these Fundamental Rights are not violated. 

Case : State of Karnataka 🆚 Appa Balu Ingale, 1993 SC
 
Fact - The respondents by show of force restricted the complainant party from taking water from well . 
Held - SC convicted them. 

Case: Devrajjah 🆚  padmanna, 1958 
Held - The court held that it is to be noticed that the word occurs only in Article 17 and is enclosed in inverted commas, this clearly indicates that the subject matter of the Article is not untouchability in its literal or grammatical sense but the practice as it had developed historically in this country. 
              
                        - Anjali singh &
                        - Deepak kumar
                ( University of Allahabad) 




Comments

  1. Anonymous1 June 2023 at 23:07

    Super 👍♥️

    ReplyDelete
  2. PRAVEEN YADAV1 June 2023 at 23:21

    Very impressive.।।

    ReplyDelete
  3. Anonymous1 June 2023 at 23:25

    👍👍

    ReplyDelete
  4. Brijesh gupta1 June 2023 at 23:31

    Superb content👍👍

    ReplyDelete
  5. Anonymous1 June 2023 at 23:40

    Nice jay jay shree ram🙏🙏

    ReplyDelete
  6. Anonymous1 June 2023 at 23:41

    Jay jay shree ram

    ReplyDelete
  7. Aryan Rathore1 June 2023 at 23:50

    Good👌

    ReplyDelete
  8. Anonymous2 June 2023 at 00:18

    Overall good article.......It should also be mentioned here that Article 17 is the only article in the list of fundamental rights which is absolute, rest are relative.

    ReplyDelete
    Replies
    1. Anonymous2 June 2023 at 00:21

      My self S.K Nigam younger brother of co-writer Mr. Deepak Kumar

      Delete
    2. ADS law 032 June 2023 at 00:38

      Okay ,but if anyone has been contracted communicable disease in this case he can't be allow to contact other person.. I think that's why Article 17 is also not absolute.

      Delete
  9. Anonymous2 June 2023 at 00:49

    Thank you for sharing this

    ReplyDelete
  10. Anonymous2 June 2023 at 00:57

    Good bhaiya ji 👍👍👍👍👍

    ReplyDelete
  11. Anonymous2 June 2023 at 00:58

    Lajavab hai 🙏🙏🙏🙏

    ReplyDelete
  12. Anonymous2 June 2023 at 05:59

    Good job bhaiya 👍

    ReplyDelete
  13. Anonymous3 June 2023 at 07:14

    Great contant

    ReplyDelete
  14. Anonymous5 June 2023 at 23:28

    👍👍👍👍

    ReplyDelete

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