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. 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 non1/3
compoundable(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 forelection 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; 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 Read more‌ action to ensure that this right is not violated. 2/3
For more Notes and References visit – https://www.indianconstitutions.com/ Also, read about it: List of 12 schedules of Indian Constitution All Salients Featuers of Indian Constitution article 20 of indian constitution Article 15 of indian constitution Article 16 of Indian Constitution Article 21 of Indian Constitution Preamble of Indian Constitution
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