Article 17 of the Constitution of India outlaws ‘untouchability’ in any form and forbids its practice. This article also states that anyone enforcing untouchability will be liable to punishment (Constitution of India, Article 17). Article 17 is probably one of the shortest and strongest statements of equality contained in the Indian Constitution. Here you will find out what the article says, how it was drafted, the laws that implement it and its importance.
What does Article 17 say?
Article 17 states, ‘Untouchability’ is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of ‘Untouchability’ is an offence which is punishable (Constitution of India, Article 17, via legislative.gov.in).
This article consists of two parts. First, it abolishes ‘untouchability’ and bans its practice. The second part states that it is an offence to enforce any disability arising out of ‘untouchability’. It is the old custom of considering some social groups as polluting and therefore untouchable. This article is mainly related to Dalits (see who Dalits are).
The term the Constitution never defined
The Constitution and the main law which implements it never defined ‘untouchability’ (Legacy IAS, “Article 17 Decoded”). This is on purpose. The members of the Constituent Assembly never defined the term in order to give the legislature the freedom to enact laws to define ‘untouchability’ (LiveLaw, “Article 17 of Constitution and Untouchability in India”).
That has had consequences. Courts have had to define the term. In effect, it has covered caste-based untouchability, social exclusion and disabilities arising from birth in a particular case (Law, Poverty and Development, Chapter 5). The term “in any form” gives the article a broad purview.
How Article 17 was drafted
The first drafts of Article 17 were contained in the Fundamental Rights. An early draft by KM Munshi provided that untouchability was abolished, and the practice would be a cognizable offense under the laws of the Union. On October 30 and 31, 1947, the Drafting Committee finalized the article as Draft Article 11 (LiveLaw).
The draft was debated by the assembly on November 29, 1948 (The Constitution of India, constitutionofindia.net). The assembly supported the draft, and the debate was brief (constitutionofindia.net). Naziruddin Ahmed was the only member to question the article. He said the article lacked clarity. He further said that no person should be treated as an untouchable on the basis of religion or caste. Article 11 was not amended and adopted on the same day. For his role in the Constitution, see our Ambedkar biography page.
Laws Related to Article 17
The Protection of Civil Rights Act 1955
Parliament passed the Untouchability (Offences) Act, 1955, on the 8th of May (Law, Poverty and Development, Chapter 5). Amendments in 1976 renamed the Act and increased the severity of punishment and also made the offences non-compoundable (i.e. they cannot be settled by payment of compensation). The Act defines a civil right as any right derived from the abolition of untouchability by Article 17 of the Constitution of India (E-Justice India). It prohibits doing acts like preventing a person from going to a place of worship or from taking water from wells (Aishwarya Sandeep, “1976 Abolition of Untouchability”).
The Atrocities Act, 1989
Parliament passed the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as the existing laws (including the 1955 Act and the Indian Penal Code) were found to be inadequate to address caste-based hate crimes (Wikipedia, “SC/ST Act”). The Amendments in 2015 and 2018 (Legacy IAS) followed later. Our post on Caste Laws across the World has a more comparative analysis of different country’s Caste Laws.
What the Courts have said
One important case is State of Karnataka v. Appa Balu Ingale (1993). The Supreme Court affirmed convictions for stopping Dalits from using a public borewell. The Court said untouchability was an indirect form of slavery and part of the caste system (E-Justice India). The Court said the Constitution and the Act together removed the disabilities of Dalits and made them unlawful and provided them with civil rights which they can enforce (Appa Balu Ingale, supra, as explained in Law, Poverty and Development).
Private persons who impose disabilities because of untouchability, for example denial of temple entry, are directly violating the Constitution and can be prosecuted under the 1955 Act (Model Diplomat). The 2018 Sabarimala Judgment created a furore on the meaning and interpretation of Article 17, particularly on whether it is limited to the evils of untouchability (Model Diplomat).
Does it work in practice?
The law bans the practice but the data shows the practice continues. As per 2023 data of the National Crime Records Bureau, there were 57,789 reported cases of crimes against Scheduled Castes, which shows an increase of 0.4% from 2022 (Deccan Herald, on NCRB Crime in India 2023). These are only the reported cases.
According to the 2011-12 India Human Development Survey, 27% of households said they practised some form of untouchability (Sukhadeo Thorat and Omkar Joshi, Economic and Political Weekly, 2020). Surveys typically yield results based on what is admitted to, so the actual figures are likely to be higher (International Dalit Solidarity Network). Our definition of casteism and the information provided on how the ranking is done covers the rest of the information.
Comparing India to other Countries
India’s first ban on untouchability was enshrined in the Constitution in 1950. In 2011, Nepal passed an explicit law but Amnesty International (2024) notes that it is ineffective. The US and UK rely on provisions related to race, ethnicity, and/or ancestry, with some state/local laws. Our US and UK guides give more information. India and Nepal’s laws are among the first, but the main challenge, especially in India, is enforcement.
Importance of Article 17 Outside India
For readers outside India, Article 17 can be used to find out how certain constitutions have found ways to include anti-untouchability clauses and provisions in their frameworks and how they have made untouchability a criminal offence. Such provisions are useful in the debates around the caste provisions in Western statutes. We discuss Dr. Ambedkar’s position on the ending of caste in our 1936 speech guide. (For communities documenting this history, skills in blogging, AI tools and email marketing have become essential. The AEP was built to teach exactly these skills.)
Takeaway
Article 17 of the Indian Constitution declares untouchability to be abolished and provides that no person shall, directly or indirectly, associate himself with any spiritual, social, religious, educational, commercial, political, or other kind of institution which is, by nature, insulting to, or is likely to defend or uphold the practices of, untouchability. The article is short, and it was adopted on November 29, 1948, by the Constituent Assembly. The Protection of Civil Rights Act 1955 and the Atrocities Act 1989 enforce the provisions of this article. The Supreme Court of India has treated untouchability as a part of the Caste system. On paper, the Indian laws against untouchability are strong, but evidence shows that the main obstacle to ending untouchability is poor enforcement.
Frequently Asked Questions
What is Article 17 of the Indian Constitution?
It abolishes untouchability and forbids its practice in any form. It also makes enforcing any disability arising from untouchability an offence punishable by law.
Does the Constitution define untouchability?
No. Neither the Constitution nor the Protection of Civil Rights Act defines it. The Constituent Assembly deliberately left it undefined, and courts have read it as caste-based untouchability.
Which laws enforce Article 17?
The Protection of Civil Rights Act 1955, originally the Untouchability (Offences) Act, renamed in 1976, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989.
Is untouchability still practised in India?
Yes, despite the legal ban. In a 2011–12 survey, 27 per cent of households said they practise it in some form, and police recorded 57,789 crimes against Scheduled Castes in 2023.
Does Article 17 apply to private individuals?
Yes. A private person who enforces a disability arising from untouchability can be prosecuted under the 1955 Act, according to legal commentary.
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SOURCES
- Constitution of India, Article 17 and Constituent Assembly debate summary (constitutionofindia.net)
- LiveLaw, “Article 17 of Constitution and Untouchability in India”
- Law, Poverty and Development, Chapter 5, “Abolition of Untouchability”
- Legacy IAS, “Article 17 Decoded”
- E-Justice India, “Article 17: Abolition of Untouchability”
- Model Diplomat, “Article 17”
- Aishwarya Sandeep, “1976 Abolition of Untouchability”
- Wikipedia, SC/ST Act (used for background; see log)
- Deccan Herald, on NCRB Crime in India 2023
- University of Maryland, Thorat and Joshi, Economic and Political Weekly, 2020
- International Dalit Solidarity Network, on IHDS findings
- Amnesty International, Descent-Based Discrimination Against Dalits in Nepal, 2024
- Constitution of India (link: legislative.gov.in)
