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Article 17 of the Constitution of India

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Article 17 of the Constitution of India holds great significance as it marks a profound step towards eradicating the social evil of untouchability. This provision declares untouchability as illegal and prohibits its practice in any form.

 It ensures that all individuals, regardless of their caste or social background, are treated with dignity and equality. 

Abolition of Untouchability

Article 17 unequivocally states the abolition of untouchability and prohibits its practice in any form. Untouchability refers to the deep-rooted social practice in India where certain individuals, based on their caste, are considered “untouchable” and subjected to social discrimination and exclusion. 

This provision declares untouchability as a blight on society and aims to dismantle the hierarchical caste structure that perpetuates this unjust practice.

Protection and Punishment for Untouchability

Article 17 not only abolishes untouchability but also ensures its strict enforcement. It states that the practice of untouchability is forbidden, both by the state and private individuals. 

This means that not only the government but also individuals have a responsibility to refrain from engaging in or promoting untouchability. Any enforcement of disability arising from untouchability is deemed an offence punishable under the law.

Protection of Civil Rights Act, 1955

To effectively combat untouchability and its manifestations, the Protection of Civil Rights Act was enacted in 1955. This legislation provides a comprehensive framework for the prevention and punishment of offences related to untouchability. 

It safeguards the rights of individuals who have been subjected to untouchability, ensures their protection, and establishes legal mechanisms to address such instances.

The Protection of Civil Rights Act, 1955 empowers individuals to report incidents of untouchability and seek legal redress. It establishes special courts and designated authorities to handle cases related to untouchability, ensuring expeditious justice for victims. 

This act acts as a powerful tool to dismantle the deep-rooted discriminatory practices and create a society that upholds equality and social justice.

Summary

Article 17 of the Constitution of India stands as a testament to the nation’s commitment to social equality and justice. By abolishing untouchability, it asserts that every individual, regardless of their caste or social background, deserves respect, dignity, and equal opportunities. 

The Protection of Civil Rights Act, 1955 further strengthens this commitment by providing legal safeguards and mechanisms to prevent and punish offences related to untouchability.

Note: Access complete CLAT Legal Reasoning notes here.


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