The Excessive Court docket of Madras not too long ago made essential remarks about Article 17 of the Indian Structure. It stated that untouchability can’t be outlined in slim phrases and must be interpreted to incorporate the varied methods by which ritual practices result in the perpetuation of hierarchies, social ostracization, and exclusion. The remarks have been made by Justice SM Subramaniam.
What was the case?
Senior Advocate Elephant G Rajendran had filed a case within the Madras Excessive Court docket in opposition to the Madras Bar Affiliation. He claimed that his son had been denied entry to ingesting water on the Madras Bar Affiliation Corridor. He additionally alleged that the affiliation was elitist because it was making an attempt to make getting membership troublesome for odd practising legal professionals. Thus, he argued, the Bar Affiliation was participating in caste discrimination.
What did the courtroom say?
The courtroom emphasised a broad studying of Article 17 of the Indian Structure which prohibits untouchability in all its varieties. Delivering its verdict, the courtroom stated that every one practices that bore resemblance to untouchability could be stated to fall underneath the purview of the Article and be deemed unacceptable. Any discriminatory apply having its origin in exclusionary concepts of hierarchical subordination is prohibited by the Structure.
Though the courtroom interpreted the actions of the Madras Bar Affiliation as discriminatory, it termed them as class discrimination and never caste discrimination as initially claimed. It’s med class discrimination when based mostly on financial standing, one other aspect of untouchability.
The courtroom additionally famous that on the time of the drafting of Article 17, the Constituent Meeting had not allowed an modification that decreased the scope of untouchability to solely faith or caste. Thus, the courtroom concluded that the unique intent of the Structure makers was to not cut back the scope of untouchability or to interpret it in a restricted sense. The article, subsequently, needs to be interpreted in a broader sense.
The courtroom additionally noticed the Structure as a transformative gadget whose provisions and articles should be interpreted to present impact to its liberating philosophy. The Structure should be seen as a doc that helps the marginalized overcome the hierarchies pervading society and safe social justice.
The courtroom got here down closely on the Bar Affiliation. It referred to as out its bye-laws for enabling class discrimination by making it troublesome for odd legal professionals to turn into members. Therefore, the courtroom handed an order to grant membership with none discrimination.
What’s Article 17 of the Structure of India?
Article 17 of the Structure forbids anybody to apply untouchability and makes it punishable by regulation.
This text was debated within the Constituent Meeting on 29 November 1948 the place it was unanimously supported and adopted on the identical day. Untouchability continues to be undefined each within the Structure in addition to the involved Act. Though there have been calls to outline the scope of “untouchability” they have been rejected and the ultimate textual content of the Article reads as follows:
“Untouchability is abolished and its apply in any type is forbidden. The enforcement of any incapacity arising out of Untouchability shall be an offence punishable following regulation.”
What are the origins of untouchability and Article 17?
The discriminatory caste system of India is the primary cause Article 17 was inserted within the Structure. It’s extensively understood as a social apply that relegated sure people to an inferior standing in society purely on account of their beginning. It perpetuates discrimination by denying the category of individuals deemed untouchable some fundamental rights.
Traditionally, the members of the decrease castes have been seen as “untouchables” and thus have been subjected to exploitative and discriminatory practices similar to not being allowed to attract water from the wells of higher caste communities, or being pressured to do free labour.
