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Article 17 and the laws against untouchability and caste atrocities

By CAShorts DeskPublished Updated Source: PIB, Ministry of Social Justice and Empowerment (1 October 2026)

Why in news: Exclusive Special Courts for atrocity cases now number 217 in 15 States and UTs, the government said on 1 October 2026.

Article 17 and the laws against untouchability and caste atrocities
Illustration (AI-generated)

Article 17 abolishes untouchability and makes enforcing any disability arising from it an offence. The Protection of Civil Rights Act, 1955 punishes its practice; the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 adds atrocity offences and Special Courts. The Centre gave States and UTs ₹1,423.30 crore in three years to enforce both, the government said.

Syllabus: GS2 · Constitution; Prelims · Polity & Governance; GS1 · Social Empowerment & Secularism

In short

Article 17, a fundamental right in Part III, abolishes untouchability and makes enforcing any disability arising from it an offence, though the Constitution never defines the term.

Laws enforcing Article 17Untouchability (Offences) Act,1955Renamed in 1976PoA Act, 1989Exclusive Special Courts, 2015Section 18A, 2018

Article 17's promise now rests less on new law than on courts, police and protection that turn complaints into timely trials.

Why it matters

For a Scheduled Caste family turned away from a common water source, these laws decide whether a complaint becomes a quick trial or years of waiting. Special courts, relief money and a toll-free helpline lower the cost of seeking justice, and the bar on anticipatory bail makes it harder to pressure a complainant into silence. The larger question is the gap between law and outcome: by the Ministry's figures, 3,92,006 cases were pending trial at the end of 2024. More courts, trained police and protection for witnesses matter as much as the statute itself in ending a practice the Constitution abolished in 1950.

Prelims pointers

  • Article 17: untouchability abolished, its practice in any form forbidden; enforcing any disability arising from it is an offence. The Constitution does not define untouchability.
  • Article 35: Parliament, not State Legislatures, makes laws prescribing punishment for acts declared offences under Part III, such as untouchability.
  • Protection of Civil Rights Act, 1955: originally the Untouchability (Offences) Act, 1955; renamed in 1976; offences cognizable; States may impose collective fines.
  • PoA Act, 1989: Section 3 atrocities are offences by a person not a member of an SC or ST; Section 4 punishes neglect of duty by non-SC/ST public servants.
  • Exclusive Special Court: set up by the State Government with the High Court Chief Justice's concurrence; takes cognizance directly; trial within two months of charge sheet, where possible.
  • Sections 18 and 18A bar anticipatory bail; Section 18A (2018) removed the need for a preliminary enquiry before an FIR; upheld in Prathvi Raj Chauhan (2020).
  • Section 21(4): the Central Government lays an annual report before each House of Parliament on measures taken by itself and the State Governments.
  • National Commission for Scheduled Castes: Article 338; National Commission for Scheduled Tribes: Article 338A, added by the 89th Amendment, 2003.

Practise a UPSC-style question

Consider the following statements:

1. Article 17 makes the enforcement of any disability arising out of untouchability an offence punishable in accordance with law.

2. The Constitution of India defines the term untouchability in Article 366.

3. Under Article 35, Parliament, and not the State Legislatures, can make laws prescribing punishment for untouchability.

Which of the statements given above is/are correct?

  1. (a) 1 and 2 only
  2. (b) 2 and 3 only
  3. (c) 1 and 3 only
  4. (d) 1, 2 and 3
Show the answer

Answer: (c) 1 and 3 only

1 is correct: this is the text of Article 17, which also abolishes untouchability and forbids its practice in any form. 2 is incorrect: the Constitution does not define untouchability anywhere; Article 366 holds other definitions. 3 is correct: Article 35 gives Parliament, and not the State Legislatures, the power to prescribe punishment for offences under Part III.

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