abolition of untouchability (Article 17)

 

                Father of indian constitution is Dr BR Ambedkar belonged to Mahar caste. Mahars were the largest Untouchable caste in Maharashtra. Due to his birth in a caste which was considered Untouchable, Dr Ambedkar was subjected to severe discrimination and had to face social injustice. so, Dr. Ambedkar and other constitution makers decided to legally abolished the practice untouchability

            untouchability is punishable offence according to untouchability(offences)Act 1955 later Act amends to offences act 1976 so to make the penal provisions more stringent. The Act changes its name to Protection of civil rights Act 1955. According to act, offences committed on the ground of untouchability are punishable either by imprisonment(6 months) or by fine upto 500rs or both. A person convicted of the offence of untouchability is disqualified for election to the parliament or state legislature.The term untouchability has not been defined either in the constitution or in any Act of parliament.Then we can rely on the interpretation given in any of the landmark judgements of high court or supreme court. 

           The Mysore high court held untouchability is the practice that had developed historically in the country. untouchability refers to the social disabilities imposed on certain classes of persons by reason of their birth in certain castes.and it does not cover social boycott of few individuals of their exclusion religious services etc.

Acts which are declared as offences under protection of civil rights act 1955-  

-preventing any person from entering any place of public worshiper from worshipping on the grounds of being a schedule caste.

-justifying untouchability on traditional, religious, philosophical or other grounds.

- Refusing to admit persons of schedule caste in hostel, hotel, hospital, educational institute or places of public entertainment.

-insulting a person belonging to scheduled caste on the ground of untouchability.

-refusing to sell goods or render services to any person belong to schedule caste.