Article 17 of the Indian Constitution is about the abolition of untouchability. This is the only article which is related to untouchability. It forbade its practice in any form and it made enforcement of any type of disability which is arising out of untouchability, which is an offence punishable by law. To know everything about this article, read this article till the end.
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What Does Article 17 of The Indian Constitution Define?
“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offense punishable by the law.
This article says that untouchability is not defined in the Constitution of India or the act. This article refers to a social practice that looks down upon very certain depressed classes solely on the account of their birth and also makes any discrimination against them on this ground.
Back then, some people used to claim that the physical touch of untunable people was considered to pollute others. Like casts which were known as untouchables were not to draw water from the same wells or tanks which is being used by the higher castes peoples. The untouchable people were not officially allowed to enter temples and they suffered from a lot of disabilities.
Also read: What Is Article 18 Of The Indian Constitution?
Explanation Of Article 17
Article 17 of the Indian Constitution means that no one can henceforth prevent Dalits from educating themselves, entering temples, using toilets, etc. This article also claims that it is wrong to practice untouchability and that this practice will not be tolerated at all by the democratic government.
Untouchability is a punisbale crime in the current time.
Some other sections in the Constitution of India help to strengthen the argument against untouchability like Article 15 of the Indian Constitution which claims that no citizen of India should be discriminated against based on caste, religion, sex, place of birth, or race.
When Was The First Time Article 17 Debated In The Assembly?
According to the reports, Article 17 of the Indian Constitution was debated for the first time in the Constituent Assembly on 29th November 1948. This article aims to abolish the practice of untouchability.
The debate was short in the assembly as it supported the Draft article. It is claimed that there was some confusion about the scope of the term untouchability. There was one member who officially proposed an amendment to clear the definition of the term as it makes it applicable to caste and religion based on untouchability.
After that, the member argued that an undefined term can lead to misterpreteitition of the provision. After that ,another member supported the amendment and claimed that the Draft Article can be interpreted as prohibiting the government of India from regulating the quarantine of individuals with communicable diseases if the term untouchability was not defined properly.
After all the discussion, the Assembly rejected the proposed amendment, and then the Draft Article was adopted on the same day of the meeting.
