The practice of social discrimination based on birth and caste.
Explanation
Article 17 of the Constitution of India abolishes "Untouchability" and forbids its practice in any form. It is an absolute right available against private individuals as well as the State. Parliament has enacted the Protection of Civil Rights Act, 1955, to prescribe punishment for offences related to this practice.Analysis:
- The term "Untouchability" is not defined in the Constitution or the Protection of Civil Rights Act, 1955. However, it is enclosed in inverted commas in Article 17, implying a specific historical context rather than a literal meaning.
- The judiciary (e.g., the Mysore High Court in Devarajiah v. Padmanna) has clarified that the term refers to the practice as it had developed historically in India. It denotes the imposition of social disabilities on certain classes of persons by reason of their birth in certain castes.
- Consequently, Article 17 seeks to end the practice of social discrimination based on birth and caste.
- It does not cover:
- Literal untouchability or isolation due to infectious diseases .
- Social boycotts or refusal to interact with individuals for reasons unrelated to caste .
- Administrative segregation of prisoners .
Key Takeaway: Article 17 targets the specific historical social evil of caste-based discrimination ("Untouchability"), not temporary or literal physical avoidance arising from health, hygiene, or administrative necessity.