Q. With reference to the offence of ‘untouchability’ in India, consider the following statements:
1. The Constitution has defined ‘untouchability’ as “social disabilities imposed on certain classes of persons by reason of their birth”.
2. A person convicted of the offence of ‘untouchability’ is disqualified for election to the Parliament or state legislature.
Which of the statements given above is/are correct?
Exp) Option b is the correct answer.
Article 17 of Indian Constitution abolishes ‘untouchability’ and forbids its practice in any form.
Statement 1 is incorrect: The term ‘untouchability’ has not been defined either in the Constitution or in the Act. However, the Mysore High Court held that the subject matter of Article 17 is not untouchability in its literal or grammatical sense but the ‘practice as it had developed historically in the country’.
Statement 2 is correct: According to the Representation of the People Act 1951, a person will be disqualified for election to the Parliament or state legislature if he convicted of an offence punishable under the Protection of Civil Rights Act, 195This Act provides for punishment for the preaching and practice of “untouchability”, and for the enforcement of any disability arising therefrom.
