Constitution of Bharat: Article 17: Part 6

 

Article 17 of the Indian Constitution, which abolishes untouchability and prohibits its practice, has led to several central and state enactments aimed at enforcing this constitutional mandate. Here are some key legislations:

Central Enactments:

1. The Protection of Civil Rights Act, 1955 (originally the Untouchability (Offences) Act, 1955):
   • Purpose: This act was enacted to enforce the constitutional prohibition of untouchability. It criminalizes practices associated with untouchability, making the enforcement of any disability arising out of "Untouchability" an offence punishable by law.
   • Provisions: It defines what constitutes untouchability, prescribes penalties for such practices, and provides for the prevention of such offences.
2. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989:
   • Purpose: While not directly an enforcement of Article 17, this act complements it by providing specific protections against atrocities committed against Scheduled Castes (SCs) and Scheduled Tribes (STs), groups historically subjected to practices akin to untouchability.
   • Provisions: It lists specific offences against SCs and STs, provides for special courts for the trial of such offences, and includes measures for the relief and rehabilitation of victims.

State Enactments:

States have also introduced legislation or modified central laws to address untouchability and caste-based discrimination within their jurisdictions:

1. State-Specific Modifications to the Protection of Civil Rights Act:
   • Various states have their own rules or amendments to enhance the implementation of the central act. For example, states might:
     • Increase the penalties for offences related to untouchability.
     • Establish state-level commissions or committees to monitor and enforce anti-untouchability measures.
     • Provide additional local mechanisms for grievance redressal related to untouchability practices.
2. Tamil Nadu Prohibition of Harassment of Women Act, 1998:
   • While primarily aimed at protecting women from harassment, this act also includes provisions that can be seen as reinforcing the spirit of Article 17 by ensuring that no woman is discriminated against or harassed based on her caste, among other grounds.
3. Kerala Prevention of Social Disabilities Act, 1969:
   • This act specifically targets the prevention of social disabilities based on caste or religion, aligning with the broader aim of Article 17. It provides for penalties for acts that enforce social exclusion, which could be seen as untouchability practices.
4. Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000:
   • This act ensures the proper issuance and verification of caste certificates, which indirectly supports the implementation of policies aimed at eradicating untouchability by ensuring benefits and protections reach the intended communities.
5. Bihar Prevention of Beggary Act, 1951:
   • Though not directly an anti-untouchability law, it addresses one of the outcomes of caste-based discrimination by aiming to rehabilitate beggars, many of whom are from marginalized castes historically subjected to untouchability.

Local and Panchayat Level Initiatives:

• Many states have incorporated anti-untouchability measures into local governance laws like Panchayati Raj Acts, where local bodies are mandated to take steps against untouchability and to promote inclusion and social justice at the grassroots level.

These enactments reflect the commitment of both central and state governments to give effect to Article 17's mandate, ensuring that untouchability is not just legally abolished but also practically curtailed through various legislative measures.