Article 17 of the Indian Constitution: Eradicating Untouchability in India's Modern Era

Article 17 of the Indian Constitution: Eradicating Untouchability in India's Modern Era

Introduction:

Untouchability has long been a stain on the fabric of Indian society, perpetuating discrimination and marginalization based on caste. However, with the enactment of Article 17 in the Indian Constitution, India took a significant step towards eradicating this deep-rooted social evil. Article 17 explicitly abolishes untouchability in all its forms and represents a commitment to building an egalitarian society free from caste-based discrimination. In this article, we will engage in an in-depth discussion on Article 17, exploring its relevance and impact in the context of the modern era. Furthermore, we will examine relevant case laws that have shaped the interpretation and enforcement of this constitutional provision.

Understanding Article 17:

Article 17 of the Indian Constitution is a powerful provision that declares the abolition of untouchability and prohibits its practice in any form. By explicitly denouncing untouchability, the framers of the Constitution sought to dismantle the deeply ingrained social hierarchy and establish a society where all individuals are treated with dignity and equality, regardless of their caste or birth.

Untouchability, historically associated with the caste system, perpetuated severe discrimination and social exclusion. Dalits, formerly known as "untouchables," were subjected to systemic oppression, restricted access to public spaces, and denied basic human rights. The enactment of Article 17 aimed to break these oppressive barriers and foster social harmony and justice.

Relevant Case Laws:

To gain a comprehensive understanding of the interpretation and enforcement of Article 17, let us explore several notable case laws that have significantly influenced its application:

1. State of Madras v. Champakam Dorairajan (1951):

This landmark case addressed the issue of reservation and discrimination. The Madras Government had enacted laws providing for communal reservations in educational institutions based on religion and caste. The Supreme Court, in its judgment, held that these laws violated the right to equality guaranteed under Article 29(2) of the Constitution. This case underscored the importance of upholding equality and dismantling discriminatory practices, aligning with the spirit of Article 17.

2. Dr. Subramanian Swamy v. Union of India (2016):

In this case, the Supreme Court examined the issue of discrimination against Dalits in educational institutions. The court reasserted that the practice of untouchability is completely abolished by Article 17, and any form of discrimination based on caste is strictly prohibited. This judgment emphasized the responsibility of educational institutions to create an inclusive environment that is free from caste-based discrimination, contributing to the realization of the constitutional vision.

3. State of Punjab v. Devans Modern Breweries Ltd. (2004):

While primarily focused on excise duties, this case shed light on the constitutional mandate of eradicating untouchability. The Supreme Court, in its observations, highlighted that the constitutional scheme seeks to eradicate untouchability by implementing legislative and executive measures. The court reiterated that any form of untouchability is abhorrent and must be eliminated, reinforcing the spirit of Article 17.

4. Suresh Kumar Koushal v. Naz Foundation (2013):

Although this case primarily dealt with the decriminalization of homosexuality, it indirectly touched upon the principles of equality and non-discrimination. The Supreme Court, in its judgment, stressed that the Constitution stands against any form of discrimination, including those rooted in societal prejudices. This reaffirmation of the constitutional principles resonates with the spirit of Article 17, which aims to create a society free from discriminatory practices.

Conclusion:

Article 17 of the Indian Constitution stands as a testament to India's commitment to social justice and equality. Its explicit abolition of untouchability represents a significant milestone in the

 fight against caste-based discrimination. The case laws discussed have played a crucial role in shaping the interpretation and enforcement of Article 17, reinforcing the notion that untouchability in any form is strictly forbidden.

As India continues to progress in the modern era, it is imperative to implement effective measures that lead to the eradication of untouchability. This includes raising awareness, promoting inclusive education, empowering marginalized communities, and ensuring the strict enforcement of laws that protect the rights and dignity of all individuals.

By embracing the principles enshrined in Article 17, India can foster a society where untouchability becomes a relic of the past. Achieving this vision requires sustained efforts from all sections of society, as we work collectively to build a truly egalitarian nation where every individual, regardless of their caste or birth, is treated with dignity, respect, and equality.