Article 17 and 18 of the Indian Constitution

Introduction

The Indian Constitution, drafted by Dr. B.R. Ambedkar and the Constituent Assembly, sought to establish a nation grounded in equality, justice, and fraternity. Articles 17 and 18 play a significant role in realizing these ideals, focusing on the eradication of practices that perpetuate inequality and social division.

While Article 17 focuses on the abolition of untouchability, which had long been a source of oppression and discrimination for Dalits, Article 18 eliminates the awarding of titles that could lead to privilege-based inequality. Together, these articles mark India's commitment to a society free from caste-based discrimination and hierarchical divisions based on titles.

Article 17: Abolition of Untouchability

Text of Article 17:

"Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law."

Article 17 abolishes the practice of untouchability, which was historically used to segregate and discriminate against people, particularly those belonging to lower castes, especially the Scheduled Castes (SCs). The practice of untouchability meant that people from certain castes were denied entry into public places, such as temples, schools, and shops, and were subjected to social and economic discrimination.

Significance of Article 17:

1. Social Reform:

   • Article 17 represents a fundamental social reform aimed at ending the deeply entrenched caste-based system that led to the marginalization of millions of people. It ensures that no citizen will be discriminated against or segregated based on their caste or social status.

2. Legal Prohibition of Untouchability:

   • Untouchability is not only abolished but also criminalized. The practice of untouchability, which involved denying certain rights to people on the grounds of caste, was declared an offense. This meant that anyone engaging in caste-based discrimination could face legal consequences, thereby enforcing social equality.

3. Impact on Dalits and Backward Classes:

   • The Scheduled Castes (often referred to as Dalits) were the primary victims of untouchability. Article 17 sought to empower these communities by guaranteeing their right to dignity and equal treatment under the law. This provision became a cornerstone of social justice in India, leading to increased access to education, public spaces, and opportunities for Dalits.

4. Positive Legal Measures:

   • Over the years, laws like the Protection of Civil Rights Act (1955) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (1989) have been enacted to further strengthen the legal framework against untouchability, ensuring that the rights granted under Article 17 are fully implemented.

Article 18: Abolition of Titles

Text of Article 18:

"No title, not being a military or academic distinction, shall be conferred by the State. No citizen of India shall accept any title from any foreign State."

Article 18 abolishes the system of titles, ensuring that no person in India can hold a hereditary title or position that confers special privileges, such as "King," "Maharaja," "Nawab," or "Baron." It aims to create a society based on equality where people are judged based on their abilities and actions, rather than inherited social status or titles.

Significance of Article 18:

1. End of Aristocracy and Privilege:

   • Prior to independence, India had a system of noble titles conferred by British rulers and princely states. These titles were often hereditary and came with privileges, such as the right to land and special treatment in society. Article 18 effectively dismantled this system, ensuring that no individual could claim a privileged position based on titles or inherited nobility.

2. Equality Before Law:

   • By abolishing titles, Article 18 reinforces the fundamental right to equality enshrined in Article 14 of the Constitution, which guarantees that all citizens are equal before the law. This provision prevents the emergence of an aristocratic class and ensures that the status of individuals is determined by merit and character rather than birth or titles.

3. Prevention of Foreign Titles:

   • Article 18 also prohibits Indian citizens from accepting any title or honors from foreign states, which ensures that no individual’s loyalty or identity can be influenced by a foreign nation. This helps to maintain national unity and prevents any foreign influence over citizens' allegiance to their own country.

4. Military and Academic Distinctions:

   • However, Article 18 allows military and academic distinctions, such as "Lieutenant Colonel" or "Doctor", as these are earned through merit, hard work, and achievement. Such distinctions are not intended to create social hierarchies but are instead recognitions of individual excellence.

The Social and Cultural Impact of Articles 17 and 18

1. Empowerment of Marginalized Communities:

   • Article 17 has had a profound impact on the empowerment of the Dalit community by eliminating caste-based discrimination. It gave Dalits the legal freedom to access public places, participate in political activities, and secure equal employment opportunities.

2. Promotion of Equality:

   • By abolishing titles under Article 18, India has ensured that no individual is judged or discriminated against based on their family background or ancestral wealth. This provision promotes the idea of a level playing field, where individuals can rise based on their merit, not their birth.

3. Challenges and Social Realities:

   • Despite the constitutional provisions, caste-based discrimination and the legacy of untouchability persist in some parts of the country. The challenge remains to eradicate social biases and ensure that Article 17 is fully respected in both public and private spheres.

   • Similarly, while Article 18 has abolished the use of hereditary titles, the lingering impact of social stratification sometimes continues to influence people's social standing and privileges.

Judicial Interpretations

The Supreme Court of India has interpreted Articles 17 and 18 in various cases, reinforcing their importance:

1. State of U.P. v. Ram Manohar Lohia (1960):

   • The Supreme Court upheld the importance of Article 17, ruling that untouchability in any form should be criminalized, and offenders must be punished according to the law.

2. Jagjivan Ram v. State of Bihar (1969):

   • The Court further clarified the scope of Article 17, emphasizing that the elimination of untouchability is not limited to mere legal abolition but should extend to eradication of social discrimination at all levels.

3. Bijoe Emmanuel v. State of Kerala (1986):

   • The Supreme Court ruled that the practice of untouchability not only refers to physical segregation but also includes denial of rights such as freedom of worship and cultural expression.

4. Chandrakant Kokate v. State of Maharashtra (1998):

   • In this case, the Court upheld that the denial of access to public places or services on the basis of caste is a violation of Article 17, and individuals can seek justice through legal means.

Conclusion

Articles 17 and 18 are foundational to the ideals of equality and social justice enshrined in the Indian Constitution. Article 17 abolishes the ancient and degrading practice of untouchability, while Article 18 ensures that there are no titles or privileges based on birth, helping to foster an egalitarian society. Together, these provisions lay the groundwork for India’s democratic and inclusive future, where every individual, regardless of their caste or family background, can live with dignity and freedom.

However, while constitutional provisions have made remarkable strides in eradicating discrimination, social reforms must continue at the grassroots level to fully eliminate caste-based discrimination and ensure that these constitutional rights are realized in every part of the country. The struggle for social equality and justice remains an ongoing process, but Articles 17 and 18 remain crucial milestones on this journey.