Question 73 from UPSC CSE 2020 - POLITY & GOVERNANC E

Question

Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination?

IASCODEX · Accepted Answer

Correct Option: D. Right to Equality

Strategy: Focus directly on 'protection against untouchability', which is explicitly mentioned in Article 17, under the Right to Equality category. Other fundamental rights options are irrelevant: Right against Exploitation covers forced labour and trafficking, Right to Freedom covers personal liberties, and Right to Constitutional Remedies provides enforcement, not the substantive right itself. The correct option is determined by precise Article-category mapping.

Key Info: The Fundamental Rights in the Constitution of India (Part III, Articles 12-35) guarantee key civil liberties to all citizens.

The 'Right to Equality' (Articles 14-18) encompasses:
- Article 14: Equality before law and equal protection of the laws for all persons within Indian territory.
- Article 15: Prohibition of discrimination by the State on grounds of religion, race, caste, sex, or place of birth.
- Article 16: Equality of opportunity in matters of public employment, prohibiting discrimination on similar grounds.
- Article 17: Abolition of untouchability and a mandate that its practice in any form is an offense punishable by law. This was the first Fundamental Right to be given absolute effect, leading to enactment of the Protection of Civil Rights Act, 1955.
- Article 18: Abolition of titles except military or academic distinctions to prevent creation of artificial social hierarchies.

The 'Right against Exploitation' (Articles 23-24) targets forced labour, human trafficking, and child labour.
The 'Right to Freedom' (Articles 19-22) secures freedoms such as speech, assembly, movement, and protection against arbitrary arrest.
The 'Right to Constitutional Remedies' (Article 32) enables approach to courts for enforcement of Fundamental Rights, as termed the 'heart and soul' of the Constitution by Dr. B.R. Ambedkar.

Untouchability, as abolished by Article 17, is uniquely and explicitly covered under the Right to Equality.

IASCODEX · Answer

Option A: Right against Exploitation

IASCODEX · Answer

Option B: Right to Freedom

IASCODEX · Answer

Option C: Right to Constitutional Remedies