Abolition of Untouchability
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part III, Page 8
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- Not yet checked
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1. In One Sentence
The historical practice of "untouchability" is completely abolished and forbidden in every form, and enforcing any social disability based on it is a punishable criminal offence.
2. What It Means in Everyday Language
Article 17 is one of the most transformative provisions of the Indian Constitution. It directly attacks the centuries-old caste hierarchy by declaring that no human being can ever be treated as an "untouchable" in India.
Unlike many other constitutional rights that only restrain the government, Article 17 is directly enforceable against private individuals and society. If any person, community, or institution practices untouchability, they are committing a crime under the law.
Because the Constitution itself does not define the word, Parliament enacted specific laws to enforce this Article with criminal penalties: the Protection of Civil Rights Act, 1955 (originally the Untouchability (Offences) Act, 1955) and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. Practical Illustrative Example
A person from a historically marginalized community is prevented from entering a village temple, drawing drinking water from a public community well, or sitting alongside others in a local restaurant.
4. Important Limits, Qualifications & Exceptions
Article 17 is an absolute fundamental right with zero constitutional exceptions or qualifications.
- Absolute prohibition: Unlike freedom of speech or assembly under Article 19, Article 17 contains no "reasonable restrictions" clause. Untouchability cannot be justified under any custom, religious tradition, or personal belief.
- Enforceable against private citizens: It protects citizens against discrimination committed by private landlords, shopkeepers, temples, and village groups, as well as by state officials.
- Punishable by law: Under Article 35 of the Constitution, Parliament alone has the power to prescribe criminal punishments for violating Article 17 (enacted through the Protection of Civil Rights Act, 1955).
- Non-compoundable offences: Offences under the enforcing statutes are cognizable and non-compoundable, meaning they cannot be settled by private compromise.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Ministry of Law and Justice, Government of India (Legislative Department, Ministry of Law and Justice) • Part III, Page 8 • Human source-link check pending
Official consolidated text of the Constitution published by the Legislative Department, Ministry of Law and Justice.
- •Lok Sabha Secretariat (Parliament of India / Lok Sabha Secretariat) • Volume VII, 29 November 1948, pp. 664–669 • Human source-link check pending
Official verbatim record of Constituent Assembly proceedings published by the Lok Sabha Secretariat.
- •Ministry of Law and Justice, Government of India • Act No. 22 of 1955 • Human source-link check pending
Statutory legislation enacted by Parliament of India.