Article 17 of Indian Constitution indianconstitutions.com/article-17-of-indain-constitution hari
June 4, 2020
Introduction(Article 17 of Indian Constitution)
Article 17 of Indian Constitution abolishes untouchability and forbids its practice in any form. the enforcement of any incapacity arising out of untouchability shall be an offence punishable in accordance with the law.
Article 17 of Indian Constitution There are two important legislations related to Article 17 of Indian constitution
Protection of civil rights act, 1955 Scheduled castes and scheduled tribes(prevention of atrocities)act,1989. Also read: Article 15 of indian constitution Article 16 of Indian Constitution Article 21 of Indian Constitution 1/4
Preamble of Indian Constitution
In 1976, untouchability offences act 1955 has been generally amended and rename as protection of civil rights act 1955 to enhance the scope and make penal provision more stringent under the revised act at the practice of untouchability was made both cognizable(arrest without magisterial warrant) and noncompoundable(no compromise can be reached). the term untouchability has not been defined either within the constitution or within the Act. however, the Mysore high court held at the topic matter of Article 17 of Indian constitution isn’t untouchability in its literal or grammatical sense but practices because it had developed historically in the country. it refers to the social disabilities in the post on certain classes of the person by reason of their birth in certain castes. Under the protection of the civil rights act 1955, the offences committed on the bottom of untouchability are punishable either by imprisonment up to six months or by fine up to (Rs 500) are both. A person convicted of the offences of untouchability is disqualified for election to the Parliament or state legislature. the act declared following acts as offences: 1. Preventing an individual from entering anywhere of public worship or from worshipping therein; 2. justifying untouchability on traditional, religious, philosophical or other Grounds; 3. denying access to any shop, hotel or places of public entertainment; 4. insulting an individual belonging to scheduled caste on the bottom of untouchability; 5. refusing to admit the person in hospitals, educational institutions, or hostels established for public benefit; 2/4
6. preaching untouchability directly or indirectly; 7. refusing to sell goods or render services to a person. The Supreme Court held that right under Article 17 of Indian constitution is available against private individuals and it is the Constitutional obligation of the state to take necessary action to ensure that this right is not violated. Recent amendments in Schedule caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Major amendment are- ( Article 17 of Indian constitution)
Forcing an SC or ST individual to vote or not vote for a specific candidate in a very manner that’s against the law is an offence under the act. Assaulting or sexual exploiting an SC or ST woman is an offence below the act. New offences extra under the bill include:(a) garlanding with footwear, (b) compelling to dispose or carry human or animal carcasses, or do manual scavenging, (c) abusing sc or st by caste name in public, (d) attempting to promote feelings of ill-will against SC or ST or disrespecting any individual command in high esteem, and (e) imposing or threatening a social or economic boycott. Role of employees: the act specifies that a non SC or ST public servant who neglects his duties relating to SCs or STs shall be punishable with imprisonment for a team of six months to 1 year. An exclusive special court should be established at the district level to do offences the bill.
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The bill adds a chapter on the rights of victims and witnesses. it shall be the duty of the state to form arrangements for the protection of victims, their dependent, and witnesses. the state government shall specify a scheme to confirm the implementation of rights of victims and witnesses. Also, read about it: List of 12 schedules of Indian Constitution All Salients Featuers of Indian Constitution article 20 of indian constitution
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