Sei sulla pagina 1di 4

Article 17 of the Indian Constitution is a legislation that

abolishes practice of untouchability in any form. According


to the provision of Article 17, enforcement of any disability
arising out of untouchability is a punishable offence in
accordance with law.

Purpose of Article 17
Article 17 is considered one of the earliest manifestations of
Indias effort towards bringing social reforms. By enacting
this Article, the government of independent India acted
earnestly to abolish the scourge of caste discrimination. The
purpose behind this legislation is the liberation of society
from orthodox beliefs and rituals that have lost both legal
and moral base. The Constitution-makers not only provided
for criminalising any form of social discrimination but also
punishing those who practice such discriminations.
The ostensible objective was to put an end to humiliation
and harassment faced by the dalits and backward classes
and ensure that their fundamental rights are preserved.
Although Article 17 doesnt define the term untouchability, it
generally means the social restrictions imposed on certain
sections of society when it comes to accessing public
places, offering prayers and performing religious services,
and getting to enjoy fundamental rights.

Criticism of Article 17
Its to be noted that neither Article 17 nor related legislations
find any mention about abolishing caste system and
untouchability, which is the root cause of widespread
discrimination. These legislations only talk about abolishing
untouchability as a practice. According to the experts, Indian
government should not be tinkering with the problem of
untouchability superficially but do away with the caste
distinction.

Abolition of Titles
Article 18 prevents the state from confirming any title except
military and academic distinction.
Article 18 prohibits the Indian citizens from receiving titles from
any foreign state.
The foreign nationals holding the office of profit under the state
may accept titles from the foreign government with the consent of
President.
In a true democracy, there is no space for artificial distinctions
among the same society. Titles such as Rai Bahadur, Sawai, Rai
Sahab, Zamindar, taluqdar etc were prevalent in medieval and
British India. All these titles were abolished by article 18 of the

constitution.

Dr. B. R. Ambedkar explained in the Constituent Assembly


that Article 18 did not create a justiciable right : The nonacceptance of titles is a condition of continued citizenship. It is
not a right, it is a duty imposed upon the individual that if he
continues to be the citizen of this country, then he must abide
by certain conditions. One of the conditions is that he must not
accept a title.
Thus, under Article 18, not only is the State in India prevented
from conferring titles on any person, but Indian citizens are
also forbidden to accept any title from a foreign State without
the consent of the President of India. The prohibition applies
not only to the acceptance of titles but also to that of any
presents, emoluments or office of any kind from any
foreign State by any person holding an office of profit or trust
under the State.

Potrebbero piacerti anche