Article 17 abolishes 'Untouchability'. Which one of the following statements is TRUE about the operation of Article 17?
AArticle 17 is enforceable only against the State and not against private individuals
BArticle 17 has been judicially read down to apply only to listed Scheduled Castes
CArticle 17 applies only to the practice of untouchability in places of public worship
DArticle 17 forbids untouchability in any form and operates against both State and private persons
Answer & Solution
Correct answer: D. Article 17 forbids untouchability in any form and operates against both State and private persons
1. Article 17 says: 'Untouchability is abolished and its practice in any form is forbidden.'
2. Unlike most fundamental rights, it expressly operates against both the State AND private persons (a 'horizontal' right).
3. Parliament has enacted the Protection of Civil Rights Act, 1955 (and the SC/ST (Prevention of Atrocities) Act, 1989) to give it teeth.
4. Article 17 is not confined to religious places or to any particular list, and is not enforceable only against the State.
_Source: Constitution of India (Bare Act, updated to 105th Amendment Act 2021), Govt. of India Legislative Dept., Article 17 (read with the Protection of Civil Rights Act 1955)_
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