Which one of the following categories of Fundamental Rights Incorporates protection against untouchability as a form of discrimination?
- Right against Exploitation
- Right to Freedom
- Right to Constitutional Remedies
- Right to Equality
Explanation
Option (d) is correct
- Article 17 of the Indian Constitution forms a crucial component of the Right to Equality, as it promotes not only equality but also social justice by abolishing untouchability and prohibiting its practice in any form. It further declares that the enforcement of any disability arising out of untouchability shall be treated as an offence punishable by law.
- Although the term “untouchability” has not been explicitly defined either in the Constitution or in relevant legislation, the Mysore High Court clarified that Article 17 does not refer to untouchability in its literal or grammatical sense, but rather to the practice as it historically evolved in India. It specifically relates to social disabilities imposed on certain classes of persons due to their birth in particular castes, and therefore does not include instances such as social boycott of a few individuals or their exclusion from religious services. Further, the Supreme Court of India has held that the right guaranteed under Article 17 is enforceable even against private individuals, and it is the constitutional obligation of the State to take necessary measures to prevent any violation of this right.
