Constitution of Bharat: Article 17: Part 2

 

The Parliamentary Debates on Article 17 of the Indian Constitution, which deals with the abolition of untouchability, took place during the Constituent Assembly sessions. Here's a summary:

Key Points of Discussion:

1. Draft Article 11 to Article 17:
   • The debate occurred on November 29, 1948, when what was initially listed as Draft Article 11 was discussed. This draft article was later adopted as Article 17 in the Constitution.
2. Abolition of Untouchability:
   • Objective: The central aim was to eradicate untouchability, making its practice in any form unconstitutional and punishable by law.
   • Dr. B.R. Ambedkar's Role: As the Chairman of the Drafting Committee and a prominent advocate for the rights of the untouchables (Dalits), Ambedkar staunchly supported this article, emphasizing that untouchability was not just a social issue but a legal one that needed immediate constitutional rectification.
3. Legal and Social Implications:
   • Enforcement: There was discussion on how to enforce this abolition practically. Members agreed that while the Constitution could provide the legal framework, actual social change would require broader efforts beyond legislation.
   • Amendments: Mr. Naziruddin Ahmad proposed an amendment to define untouchability more explicitly, highlighting the vagueness of the term. However, this amendment was rejected because the framers believed the term was sufficiently understood to include all forms of caste-based exclusion.
4. Debate on Terminology and Scope:
   • Definition of Untouchability: The assembly debated the term "untouchability" without formally defining it, relying on the common understanding that it referred to the social exclusion of certain castes. This was to ensure that the article covered all manifestations of caste discrimination.
   • Broader Social Change: There were calls for the article to not only stop the practice but also to address the underlying social attitudes. Members like K.M. Munshi and Alladi Krishnaswamy Ayyar highlighted the need for education and social reform alongside legal measures.
5. Adoption:
   • Article 17 was adopted with near-unanimous support, reflecting the assembly's commitment to social justice. The clause was seen as a necessary step towards building an egalitarian society.
6. Post-Adoption Commentary:
   • Legislative Follow-up: The debate anticipated the need for further legislation to give effect to this article. This led to the Untouchability (Offences) Act of 1955 (later renamed the Protection of Civil Rights Act), which criminalized untouchability.
   • Judicial Interpretation: Over the years, the judiciary has interpreted Article 17 broadly to include any form of social ostracism based on caste, ensuring the article's intent is upheld in practice.

Impact and Legacy:

• Social Reform: Article 17 laid the legal foundation for significant social reforms against caste-based discrimination.
• Legislative Framework: It prompted subsequent laws aimed at protecting the rights of those previously deemed untouchables, now referred to as Scheduled Castes.
• Cultural Shift: The article signaled a constitutional commitment to social equality, influencing public policy, education, and social practices over decades.
• Ongoing Challenge: Despite the legal abolition, the practice of untouchability persists in various forms, making Article 17 a continuous area of focus for social activists and policymakers.

The debates on Article 17 were a testament to India's early post-independence resolve to tackle one of its most entrenched social issues directly through its foundational legal document.