Article 17 of the Indian Constitution: Debating Equality and Social Justice in the Modern Era

Introduction:

Article 17 of the Indian Constitution holds immense significance in promoting equality and social justice by eradicating the practice of untouchability. In this era of rapid progress and evolving societal norms, it becomes crucial to shed light on the relevance and impact of Article 17. This article engages in a discussion, backed by relevant case laws, to explore the implications and challenges surrounding Article 17 in the contemporary Indian context.

Understanding Article 17:

Article 17 of the Indian Constitution, enshrined within Part III - Fundamental Rights, categorically prohibits untouchability. It states, "Untouchability is abolished and its practice in any form is forbidden." The framers of the Constitution included Article 17 to address the deep-rooted social evil of untouchability that has plagued Indian society for centuries.

Untouchability and Social Justice:

Untouchability is an archaic social practice that assigns certain individuals to a position of inferiority based on their birth, perpetuating social discrimination and denying them basic human rights. The Constitution, through Article 17, aimed to dismantle this hierarchical structure and usher in a society based on equality and justice.

Case Laws Highlighting Article 17:

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

In this landmark case, the Supreme Court of India ruled that Article 17 applies not only to the practice of untouchability against Dalits but also to any form of discrimination based on caste, religion, race, or birth. The judgment emphasized the need to eliminate all forms of discrimination and upheld the significance of Article 17 in achieving social justice.

2. Social Action Forum for Manav Adhikar v. Union of India (2018):

This case addressed the discrimination faced by Dalit Christians and Dalit Muslims who were excluded from the protection of Article 17 due to a technicality. The Supreme Court, in its judgment, recognized that the purpose of Article 17 is to eliminate untouchability in all its forms and held that Dalit Christians and Dalit Muslims must be given the same protection against discrimination as Dalit Hindus.

Challenges in Implementing Article 17:

While Article 17 stands as a crucial provision for social reform, its implementation faces various challenges in the modern era:

1. Persistence of Social Stigma:

Despite legal provisions, the practice of untouchability continues to exist in subtle forms, perpetuating social exclusion and discrimination. To effectively implement Article 17, concerted efforts are required to combat deep-rooted prejudices and raise awareness.

2. Lack of Awareness and Enforcement:

Many individuals, especially in rural areas, remain unaware of their rights under Article 17. Strengthening legal literacy programs and enhancing the enforcement mechanisms can bridge this gap and ensure effective implementation.

3. Intersectionality of Discrimination:

Article 17 primarily addresses discrimination based on caste. However, discrimination based on other factors, such as gender, religion, and disability, often intersects with caste-based discrimination, presenting complex challenges that need to be addressed comprehensively.

Conclusion:

Article 17 of the Indian Constitution reflects the commitment of the framers to eliminate untouchability and establish a society based on equality and social justice. Despite the progress made, the implementation of Article 17 faces challenges in the contemporary era. Efforts must be directed towards raising awareness, strengthening enforcement mechanisms, and addressing the intersectionality of discrimination. Only through these collective endeavors can the true spirit of Article 17 be realized, creating a society where equality and social justice prevail for all.