Constitution of India

Part III

Fundamental Rights

Right to Equality

Article 17 - Abolition of Untouchability.

“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.

Explanation/Comment -

The concept of "untouchability" is prohibited, as is any use of it. Any impairment brought about by "untouchability" is unlawful and will be punished as such.

The Protection of Civil Rights Act, 1955, which had been revised and renamed in 1976, had been enacted by the Parliament as the Untouchability (Offenses) Act, 1955. According to the Supreme Court, private individuals are entitled to the fundamental protection from untouchability provided by this article. Offenses involving untouchability are punishable under the Act of 1955. Refusing to admit anyone to public institutions like a hospital, clinic, or school; prohibiting anyone from praying or worshipping in a place of public worship; placing any restrictions on a person's ability to enter a store, public restaurant, hotel, or place of public entertainment; or imposing any restrictions on their use of a reservoir, tap, or other water source, a road, cremation grounds, or any other location where services are provided insulting a person who belongs to a designated caste because they are untouchable; advocating untouchability; or defending untouchability. Similarly, Parliament promulgated the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in 1989.