Article 17
Definition
Abolishes untouchability; enforced through the Protection of Civil Rights Act 1955 and the SC and ST (Prevention of Atrocities) Act 1989.
- Instrument
- Constitution of India
- Part
- Part III (Fundamental Rights)
- Effect
- Abolishes untouchability
- Enforcing statutes
- Protection of Civil Rights Act 1955; SC/ST (Prevention of Atrocities) Act 1989
Common questions
Is Article 17 itself a criminal offence provision?+
No. It is a constitutional prohibition; the actual offences and penalties for practising untouchability are created by the Protection of Civil Rights Act 1955 and related legislation, which give the constitutional bar teeth.
How does Article 17 relate to forensic investigation of caste-based violence?+
It supplies the constitutional foundation for statutes under which such offences are prosecuted, so investigators and expert witnesses in these cases work within a framework that treats the underlying discrimination as constitutionally void.
Related terms
- Article 13
- Declares that laws inconsistent with or in derogation of fundamental rights are void to the extent of inconsistency; the textual basis for...
- Article 14 (Equality Before Law)
- Guarantees equality before the law and equal protection of the laws to all persons within Indian territory; bans arbitrary State action.
- Article 15
- Prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
- Article 16
- Equality of opportunity in matters of public employment.
- Article 19
- Six freedoms for citizens: speech and expression, peaceful assembly, association, movement, residence, and profession or trade, subject to reasonable restrictions.
- Article 20(3) (Self-Incrimination)
- No person accused of an offence shall be compelled to be a witness against himself; the textual basis for the bar on...
- Article 21 (Life and Personal Liberty)
- No person shall be deprived of life or personal liberty except according to procedure established by law; expanded by Maneka Gandhi 1978...
- Article 22
- Protection against arrest and detention: grounds of arrest, right to counsel, production before a magistrate within 24 hours; preventive-detention safeguards in clauses...
- Due Process (Indian Gloss)
- Post-Maneka Gandhi reading of Article 21 that the procedure depriving liberty must be fair, just and reasonable, not merely a procedure prescribed...
- Fundamental Right
- A justiciable right guaranteed under Part III of the Constitution, enforceable by writ in the Supreme Court (Article 32) and the High...
- Judicial Review
- Power of the Supreme Court and High Courts to test legislation and executive action against the Constitution, drawn from Articles 13, 32,...