Part III
Article 17

Abolition of Untouchability

“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.

Version 1

Article 11, Draft Constitution of India 1948

“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.

Version 2

Article 17, Constitution of India 1950

“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.

Summary

Draft Article 11 (Article 17, Constitution of India 1950) was debated on 29 November 1948 in the Constituent Assembly. It aimed to abolish the practice of untouchability.

The debate was short since the Assembly unanimously supported the Draft Article. However, there was some confusion about the scope of the term “untouchability.” One member proposed an amendment to clarify the definition of the term, explicitly making it applicable to caste and religion-based untouchability. The member argued that an undefined term could lead to misinterpretation of the provision. Another member supported the amendment, stating that the Draft Article could be interpreted as prohibiting the government from regulating the quarantine of individuals with communicable diseases if the term “untouchability” was not properly defined.

Despite these concerns, the Assembly rejected the proposed amendment, and the Draft Article was adopted on the same day.