case study related to article 17

Article 17 Abolishment of Untouchability

Adv. Pooja Gupta

Updated on: September 20, 2023

Best Law Books

Short note on Article 17 Untouchability: It is not specified in either the Indian Constitution or in the Act. Padmanna vs. Devarajjah (AIR 1958 Mys 84) The Mysore High Court gave the phrase a broad interpretation, stating that it includes those who are classified as untouchables, either temporarily or permanently, for a variety of reasons, and who can claim benefits under Article 19 of the 1955 Act.

In its opinion in the People’s Union for Democratic Rights v UOI , it was the Supreme Court’s constitutional obligation for the States to take necessary steps to prohibit such violation whenever the fundamental right of Arts 17, 23, or 24 is violated by a private individual and ensure that such a person respects the rights. The aggravator cannot relieve the State of its constitutional commitments simply because he could safeguard or enforce its invaded fundamental rights .

Article 17 removes untouchability. Untouchability has been outlawed and its practice is penalized by law in any way.

Table of Contents

Untouchability is eliminated

and in any offence it becomes untouchable , This article makes two assertions: –

1st is that untouchability is eradicated(removed) and its practice in any form is prohibited.

2nd is anyone trying to enforce an impediment caused by untouchability is liable for a misdemeanor.

​The Right to Equality is highly significant in Article 17. It gives not only equitable treatment but also social justice. This article is related to the 13th Amendment to the American Constitution, which prohibited all forms of slavery

Article 17 establishes no right, However, the rescue of the 1/6th Indian population is a lease from eternal enslavement, shame, and disgrace of the generations. The easiest approach to eliminate this evil was to make the article one of the most detailed articles in the Constitution part of the Constitution.

In 1955, the Indian Parliament amended and enacted the Untouchability (Offenses) Act to further establish the constitutional provision in Articles 15 and 17. In 1976, the act was amended/corrected and renamed the “Protection of Civil Rights Act”, 1955. This act stipulated that whatever is open to the general public (or Hindus) should also be open to Scheduled Castes members. No shopkeeper can refuse to sell them, and no one can refuse to provide any service to anyone because they are untouchable.

Some of them are listed below

• To prohibit a person from accessing any public place of worship available to others of the same religion on the basis of untouchability.
• Prevent any individual from adoration or service in a religious place or wash in a sacred tank, well, spring, etc. for reasons of untouchability.
• Refuses entrance by virtue of untouchability to any store, public restaurant, hotel, or public amusement site.
• Forcing every person in the practice of any profession or carrying on any occupation, commerce, or business on the basis of untouchability and disability.
• To refuse the use of all public means of transport, Dharamshala or Mushafirkhana open to the general public by any person on the basis of untouchability.
• Denied acceptance to any dispensary, hospital, educational facility, or other institution established or maintained for the public in general for reasons of untouchability.

The purchase of land for the development of the colonies of Harijan, however, does not infringe on this provision. Article 17 prohibits the removal/extraction of the Harijan/outcast population as a socially backward community as a result of hostile treatment. It does not prevent the state from introducing or developing a system that improves its living standard and guarantees all facilities.

Important Government Laws in Relation to Article 17

The State laid down in Article 35 the Untouchability (infractions) Act of 1955 which was afterward altered and a new act was introduced in 1955 entitled the Protection of Civil Rights Act.

In protecting civil rights, the 1955 Civil Rights Act was enacted

This act contains a number of laws relating to the battle against untouchability. All offences against Untouchability are now non-compoundable under this act. It’s vital to note that under this rule, every complaint must be investigated by a public servant. If a public official fails to do his duties, he will be considered an abettor of the Act. This Act also makes any form of the preaching of untouchability unlawful.

Schedule Tribes & Schedule Castes (Prevention of Atrocities) Act of 1989

This is a crucial Act that was enacted to prevent crimes against Schedule Caste and Schedule Tribe people. This Act established special courts to hear cases involving the conduct of offences covered by the Act. The commission of acts under this Act is a non-bailable offence under Section 18 of this Act.

The case related to Article 17

Karnataka state vs. ingale appa balu (air-1993).

The case involving Article 17 rights: – Untouchability was viewed by the Supreme Court as an indirect form of slavery and a continuation of the caste system. The state stood united and fell together as a caste system and untouchability, according to the court.

Democratic People’s Union vs. Indian Union (AIR-1982)

(Popularly known as Asaid project workers case)

The basic right referred to in Article 17 may be exercised against private individuals, according to the Supreme Court, and it is the constitutional competence of the State not to violate or breach these fundamental rights.

Punishment for violation of Article 17

The commission of any offence related to untouchability and the protection of civil rights, for a period of not less than 1 month, not more than 6 months, and a fine of not less than Rs. 100/- rupees and not more than Rs. 500/- rupees.

Preamble of India [Preamble of the Indian Constitution]

Nature of the indian constitution (meaning and nature), leave a comment cancel reply.

Save my name, email, and website in this browser for the next time I comment.

Most Popular Law Books

Most popular article.

Law of Tort

Define torts and its essential elements law of torts in india.

Damnum Sine Injuria and Injuria Sine Damnum – The legal maxim

Constitution of India

The doctrine of eclipse and severability in indian constitution.

Doctrine of Volenti non-fit Injuria case and exception

© LAWS STUDY 2024

• REALTOR® Store

• Fostering Consumer-Friendly Real Estate Marketplaces Local broker marketplaces ensure equity and transparency.  Close
• Social Media
• Sales Tips & Techniques
• MLS & Online Listings
• Starting Your Career
• Being a Broker
• Being an Agent
• Condominiums
• Smart Growth
• Vacation, Resort, & 2nd Homes
• FHA Programs
• Home Inspections
• Arbitration & Dispute Resolution
• Fair Housing

• All Membership Benefits
• NAR REALTOR Benefits® Bringing you savings and unique offers on products and services just for REALTORS®. Close
• Directories Complete listing of state and local associations, MLSs, members, and more. Close
• Dues Information & Payment
• Become a Member As a member, you are the voice for NAR – it is your association and it exists to help you succeed. Close
• Logos and Trademark Rules Only members of NAR can call themselves a REALTOR®. Learn how to properly use the logo and terms. Close
• Your Membership Account Review your membership preferences and Code of Ethics training status. Close

• Highlights & News Get the latest top line research, news, and popular reports. Close
• Housing Statistics National, regional, and metro-market level housing statistics where data is available. Close
• Research Reports Research on a wide range of topics of interest to real estate practitioners. Close
• Presentation Slides Access recent presentations from NAR economists and researchers. Close
• State & Metro Area Data Affordability, economic, and buyer & seller profile data for areas in which you live and work. Close
• Commercial Research Analysis of commercial market sectors and commercial-focused issues and trends. Close
• Statistical News Release Schedule

• Advocacy Issues & News
• Federal Advocacy From its building located steps away from the U.S. Capitol, NAR advocates for you. Close
• REALTORS® Political Action Committee (RPAC) Promoting the election of pro-REALTOR® candidates across the United States. Close
• State & Local Advocacy Resources to foster and harness the grassroots strength of the REALTOR® Party. Close
• REALTOR® Party A powerful alliance working to protect and promote homeownership and property investment. Close
• Get Involved Now more than ever, it is critical for REALTORS® across America to come together and speak with one voice. Close

• All Education & Professional Development
• All NAR & Affiliate Courses Continuing education and specialty knowledge can help boost your salary and client base. Close
• Code of Ethics Training Fulfill your COE training requirement with free courses for new and existing members. Close
• Continuing Education (CE) Meet the continuing education (CE) requirement in state(s) where you hold a license. Close
• Designations & Certifications Acknowledging experience and expertise in various real estate specialties, awarded by NAR and its affiliates. Close
• Library & Archives Offering research services and thousands of print and digital resources. Close
• Commitment to Excellence (C2EX) Empowers REALTORS® to evaluate, enhance and showcase their highest levels of professionalism. Close
• NAR Academy at Columbia College Academic opportunities for certificates, associates, bachelor’s, and master’s degrees. Close

• Latest News
• NAR Newsroom Official news releases from NAR. Close
• REALTOR® Magazine Advancing best practices, bringing insight to trends, and providing timely decision-making tools. Close
• Blogs Commentary from NAR experts on technology, staging, placemaking, and real estate trends. Close
• Newsletters Stay informed on the most important real estate business news and business specialty updates. Close
• NAR NXT, The REALTOR® Experience
• REALTORS® Legislative Meetings
• AE Institute
• Leadership Week
• Sustainability Summit

• Mission, Vision, and Diversity & Inclusion
• Code of Ethics
• Leadership & Staff National, state & local leadership, staff directories, leadership opportunities, and more. Close
• Committee & Liaisons
• History Founded as the National Association of Real Estate Exchanges in 1908. Close
• Affiliated Organizations
• Strategic Plan NAR’s operating values, long-term goals, and DEI strategic plan. Close
• Governing Documents Code of Ethics, NAR's Constitution & Bylaws, and model bylaws for state & local associations. Close
• Awards & Grants Member recognition and special funding, including the REALTORS® Relief Foundation. Close
• NAR's Consumer Outreach

• Find a Member
• Browse All Directories
• Find an Office
• Find an Association
• NAR Group and Team Directory
• Committees and Directors
• Association Executive
• State & Local Volunteer Leader
• Buyer's Rep
• Senior Market
• Short Sales & Foreclosures
• Infographics
• First-Time Buyer
• Window to the Law
• Next Up: Commercial
• New AE Webinar & Video Series
• Drive With NAR
• Real Estate Today
• Center for REALTOR® Development
• Leading with Diversity
• Good Neighbor
• NAR HR Solutions
• Fostering Consumer-Friendly Real Estate Marketplaces Local broker marketplaces ensure equity and transparency. 
• Marketing Social Media Sales Tips & Techniques MLS & Online Listings View More
• Being a Real Estate Professional Starting Your Career Being a Broker Being an Agent View More
• Residential Real Estate Condominiums Smart Growth Vacation, Resort, & 2nd Homes FHA Programs View More Home Inspections
• Legal Arbitration & Dispute Resolution Fair Housing Copyright View More
• Commercial Real Estate
• Right Tools, Right Now
• NAR REALTOR Benefits® Bringing you savings and unique offers on products and services just for REALTORS®.
• Directories Complete listing of state and local associations, MLSs, members, and more.
• Become a Member As a member, you are the voice for NAR – it is your association and it exists to help you succeed.
• Logos and Trademark Rules Only members of NAR can call themselves a REALTOR®. Learn how to properly use the logo and terms.
• Your Membership Account Review your membership preferences and Code of Ethics training status.
• Highlights & News Get the latest top line research, news, and popular reports.
• Housing Statistics National, regional, and metro-market level housing statistics where data is available.
• Research Reports Research on a wide range of topics of interest to real estate practitioners.
• Presentation Slides Access recent presentations from NAR economists and researchers.
• State & Metro Area Data Affordability, economic, and buyer & seller profile data for areas in which you live and work.
• Commercial Research Analysis of commercial market sectors and commercial-focused issues and trends.
• Federal Advocacy From its building located steps away from the U.S. Capitol, NAR advocates for you.
• REALTORS® Political Action Committee (RPAC) Promoting the election of pro-REALTOR® candidates across the United States.
• State & Local Advocacy Resources to foster and harness the grassroots strength of the REALTOR® Party.
• REALTOR® Party A powerful alliance working to protect and promote homeownership and property investment.
• Get Involved Now more than ever, it is critical for REALTORS® across America to come together and speak with one voice.
• All NAR & Affiliate Courses Continuing education and specialty knowledge can help boost your salary and client base.
• Code of Ethics Training Fulfill your COE training requirement with free courses for new and existing members.
• Continuing Education (CE) Meet the continuing education (CE) requirement in state(s) where you hold a license.
• Designations & Certifications Acknowledging experience and expertise in various real estate specialties, awarded by NAR and its affiliates.
• Library & Archives Offering research services and thousands of print and digital resources.
• Commitment to Excellence (C2EX) Empowers REALTORS® to evaluate, enhance and showcase their highest levels of professionalism.
• NAR Academy at Columbia College Academic opportunities for certificates, associates, bachelor’s, and master’s degrees.
• NAR Newsroom Official news releases from NAR.
• REALTOR® Magazine Advancing best practices, bringing insight to trends, and providing timely decision-making tools.
• Blogs Commentary from NAR experts on technology, staging, placemaking, and real estate trends.
• Newsletters Stay informed on the most important real estate business news and business specialty updates.
• Leadership & Staff National, state & local leadership, staff directories, leadership opportunities, and more.
• History Founded as the National Association of Real Estate Exchanges in 1908.
• Strategic Plan NAR’s operating values, long-term goals, and DEI strategic plan.
• Governing Documents Code of Ethics, NAR's Constitution & Bylaws, and model bylaws for state & local associations.
• Awards & Grants Member recognition and special funding, including the REALTORS® Relief Foundation.
• Top Directories Find a Member Browse All Directories Find an Office Find an Association NAR Group and Team Directory Committees and Directors
• By Role Broker Association Executive New Member Student Appraiser State & Local Volunteer Leader
• By Specialty Commercial Global Buyer's Rep Senior Market Short Sales & Foreclosures Land Green
• Multimedia Infographics Videos Quizzes
• Video Series First-Time Buyer Level Up Window to the Law Next Up: Commercial New AE Webinar & Video Series
• Podcasts Drive With NAR Real Estate Today Center for REALTOR® Development
• Programs Fair Housing Safety Leading with Diversity Good Neighbor NAR HR Solutions

Code of Ethics & Arbitration Manual

Case interpretations related to article 17, arbitrate and mediate contractural and specific non-contractural disputes with other realtors® and with your clients.

• Table of Contents
• Arbitration
• Supporting Material
• Case Interpretations

The Case Interpretations offer examples of the practical application of the Code in professional standards enforcement and help REALTORS® understand the ethical obligations created by the Code of Ethics. View the Preface to Case Interpretations  to learn more about their history/background.

Case # 17-1: Obligation to Submit to Arbitration

(Revised Case #14-2 May, 1988. Transferred to Article 17 November, 1994. Revised November, 1995. Revised November, 2001 and May, 2017.)

REALTOR® A and REALTOR® B had been engaged in a cooperative transaction that resulted in a dispute regarding entitlement to compensation. Rather than requesting arbitration before the Association of REALTORS®, REALTOR® A filed suit against REALTOR® B for payment of the compensation he felt REALTOR® B owed him. Upon receiving notification of the lawsuit, REALTOR® B filed a request for arbitration with the Association, which was reviewed by the Grievance Committee and found to be a mandatory arbitration situation. REALTOR® A was advised of the Grievance Committee’s decision, but refused to withdraw the lawsuit. Thereupon, REALTOR® B filed a complaint with the Board charging a violation of Article 17 as supported by Standard of Practice 17-1.

REALTOR® A was directed to be present at a hearing on the complaint before the Board of Directors. Evidence that REALTOR® B had sought REALTOR®R A’s agreement to submit the dispute to arbitration was presented at the hearing. REALTOR® A defended his action in filing the suit and refusing to submit to arbitration by asserting that under laws of the state, the Association of REALTORS® had no authority to bar his access to the courts or to require him to arbitrate his dispute with REALTOR® B.

The Board of Directors concluded that REALTOR® A was correct as to his legal right and as to the Association’s lack of any right to prevent him from filing a suit. It was pointed out to REALTOR® A, however, that the Association of REALTORS® is a voluntary organization, whose members accept certain specified obligations with respect to their relations with other REALTORS®, and that if he wished to continue as a member of the Association, he would be obliged to adhere to the Association’s requirements as to arbitration.

Because REALTOR® A would not withdraw the litigation, the Board of Directors concluded that REALTOR® A was in violation of Article 17 for refusing to arbitrate in a mandatory arbitration situation. However, it was noted that if REALTOR® A had filed litigation against REALTOR® B, and had REALTOR® B then requested arbitration with the Grievance Committee determining that an arbitrable issue of a mandatory nature existed, REALTOR® B might have successfully petitioned the court to remand the matter to the Association for arbitration, and there would have been no finding of a violation of Article 17 since the Association’s arbitration process would have been ultimately complied with.

Case #17-2: Dispute Between REALTORS® in Different Boards

(Revised Case #14-6 May, 1988. Transferred to Article 17 November, 1994. Revised November, 1995.)

REALTOR® A cooperated in the sale of a commercial property with REALTOR® B, the listing broker. REALTOR® A is a member of the XYZ Board of REALTORS®, and his office is located in the XYZ Board. Both the property and REALTOR® B’s office are located within the jurisdiction of the ABC Board of REALTORS® where REALTOR® B is a member. A dispute arose between REALTORS® A and B over the division of the commission.

REALTOR® A filed a request for arbitration with the Professional Standards Committee of his Board. The President of the Board, when advised of the contractual dispute, subsequent to the Grievance Committee finding the matter arbitrable and of a mandatory nature, notified the President of REALTOR® B’s Board and requested interboard arbitration in accordance with Article 17 of the Code of Ethics. The arbitration request was brought before the Grievance Committee of REALTOR® B’s Board which also determined that the dispute was arbitrable and of a mandatory nature.

One week before being notified of his Grievance Committee’s decision, REALTOR® B filed suit against REALTOR® A. The Board of Directors of the ABC Board notified REALTOR® B to appear and answer to a charge of violation of Article 17 when REALTOR® B did not withdraw the suit subsequent to being informed that both Grievance Committees had found the issue arbitrable and mandatory.

REALTOR® B described his contractual dispute to the Directors and stated that he knew REALTOR® A had requested arbitration because he had received a copy of the request. REALTOR® B maintained that he had filed suit because REALTOR® A was in another Board’s jurisdiction and he did not think anything would come of the request since he, REALTOR® B, was not a member of the XYZ Board.

REALTOR® B was advised that since both Grievance Committees had determined the matter was arbitrable and mandatory that interboard arbitration was being scheduled to hear the dispute. The Board of Directors concluded that his action in filing suit was not in itself in violation of Article 17 but advised REALTOR® B that if he failed to withdraw from the suit and participate in the interboard arbitration, he could be found in violation of Article 17.

Case #17-3: Dispute Between REALTORS® of Different Boards

(Reaffirmed Case #14-7 May, 1988. Transferred to Article 17 November, 1994.)

REALTOR® B then requested his Board, the Y Board of REALTORS®, to contact the X Board of REALTORS® for the purpose of arranging interboard arbitration as provided for in Article 17 of the Code of Ethics. The Y Board of REALTORS® refused, pointing out that REALTOR® B had voluntarily accepted the proposal to have the matter arbitrated by the X Board of REALTORS®; that he had agreed to be bound by the Hearing Panel’s decision; had participated in the arbitration proceeding; and having done so, he was not, following an adverse decision, entitled to initiate another arbitration hearing.

Case #17-4: Dispute Involving REALTOR® Holding Membership in Two Boards

(Revised Case #14-8 May, 1988. Revised and transferred to Article 17 November, 1994.)

REALTORS® A and B, disputants in an arbitrable issue, both belonged to the X Board of REALTORS®, a large Board in the central city of a metropolitan area. REALTOR® B also maintained a branch office in a nearby suburb and was also a member of the Board having jurisdiction in that area, the Y Board of REALTORS®.

REALTOR® A filed a written request with the X Board of REALTORS® for arbitration. REALTOR® B was notified and advised of the date of the hearing.

REALTOR® B replied that because he considered himself primarily a member of the Y Board of REALTORS®, he would proceed through the Y Board of REALTORS® and would request interboard arbitration as provided for in Article 17 of the Code of Ethics.

Upon consideration by the Board of Directors of the X Board of REALTORS®, the request for interboard arbitration was refused. Regardless of which of the two Boards REALTOR® B considered to be his primary Board, he was a member of the X Board. Since both parties to the dispute were members of the X Board, there was no need for interboard arbitration and the matter was arbitrated by the X Board.

Case #17-5: Time of Dispute a Determining Factor as to Arbitration

(Revised Case #14-10 May, 1988. Transferred to Article 17 November, 1994.)

REALTOR® A belonged to an All-REALTOR® Board (one in which all nonprincipal brokers and salespersons as well as principals are eligible for REALTOR® membership). Salesperson B had been a REALTOR® for a number of years and had been associated as an independent contractor with REALTOR® A during that time. Salesman B showed a property to Prospect C, who subsequently purchased the property through Salesman D, who also was affiliated with REALTOR® A. Salesman D was also a REALTOR® Member of the Board.

There was considerable dispute over the facts of the situation, but REALTOR® A finally paid the sales commission to Salesman D but admitted that the written office policies did not precisely cover the circumstances. Salesman B demanded a share of the commission and, upon REALTOR® A’s refusal to pay it to him, transferred his license to REALTOR® E’s firm.

REALTOR® E and Salesman B joined in a request for arbitration of the dispute with REALTOR® A stating that Article 17 required the arbitration of disputes between REALTORS® associated with different firms.

REALTOR® A refused to arbitrate on the basis that the dispute had arisen while he and Salesman B were associated with the same firm and that it was an internal matter which he was not required to arbitrate.

The matter was referred to the Board of Directors, consistent with the Board’s Code of Ethics and Arbitration Manual. After a hearing, the Board of Directors ruled that the deciding factor was the relationship between the REALTORS® at the time the dispute arose rather than at the time the demand for arbitration was made. Therefore, REALTOR® A was not required to arbitrate the matter and was not in violation of Article 17.

Case #17-6: Request for Arbitration Expenses

(Reaffirmed Case #14-11 May, 1988. Transferred to Article 17 November, 1994.)

REALTOR® A, the listing broker, and REALTOR® B, a cooperating broker, engaged in a heated dispute as to which REALTOR® was the procuring cause of a sale and, therefore, entitled to the commission. Finding that they could not resolve the matter themselves, they agreed to arbitrate in accordance with Article 17 of the Code of Ethics.

REALTOR® A initiated the request for arbitration with a letter to the Board; the letter was received and reviewed by the Grievance Committee which agreed that it was an arbitrable matter. The case was sent on to the Professional Standards Committee for a hearing.

The President of the Board, consistent with the Board’s Code of Ethics and Arbitration Manual, appointed a five-member Hearing Panel to hear the case. The proper forms agreeing to the arbitration were sent to both REALTORS®, each signed his agreement and returned it to the Professional Standards Administrator. Prior to the date set for the hearing, REALTOR® A learned that REALTOR® B had practiced law before he entered the real estate business. REALTOR® A then decided that he would be at a disadvantage in presenting his case to the Hearing Panel without an attorney due to the legal background of REALTOR® B. REALTOR® A sent in an amended arbitration request in which he asked that he be awarded the commission and attorney’s fees and any other administrative expenses that he might incur in the presentation of his case before the Hearing Panel. The Chairperson accepted the amended complaint as part of the case and mailed REALTOR® B a copy.

The case was set and a hearing was held at which REALTOR® A appeared with his attorney and a court reporter. REALTOR® B acted as his own attorney. The Hearing Panel had the Board’s attorney and a Professional Standards Administrator with a tape recorder present. After giving both parties the opportunity to present their case, the Hearing Panel adjourned the hearing and went into executive session to reach a decision.

It was the opinion of the Hearing Panel that the arbitration process is provided to all REALTORS® and REALTOR -Associates ® by the Board to avoid any unnecessary expenses. The hiring of an attorney was REALTOR® A’s own decision, not required by Article 17 of the Code of Ethics, the Hearing Panel, the Code of Ethics and Arbitration Manual, or the Board of REALTORS®. The Hearing Panel decided the commission dispute based strictly on the merits of the case presented. The Hearing Panel disallowed the request by REALTOR® A that he be awarded attorney’s fees or other administrative expenses.

Case #17-7 : REALTOR® Not Precluded from Filing Complaint with State Real Estate Regulatory Agency

(Revised Case #14-12 May, 1988. Transferred to Article 17 November, 1994. Revised May, 2002.)

REALTOR® A, a cooperating broker, filed a request for arbitration with REALTOR® B, the listing broker, in a dispute concerning entitlement to cooperative compensation in a real estate transaction. The complaint was referred to the Grievance Committee which concluded that a properly arbitrable matter existed and referred it to an arbitration hearing panel.

Shortly afterward REALTOR® B was notified that he was under investigation by the State Real Estate Commission for an alleged violation of the real estate regulations, based on a complaint filed by REALTOR® A.

REALTOR® B immediately filed an ethics complaint alleging violation of Article 17 by REALTOR® A for filing the complaint against REALTOR® B with the Commission. The complaint was referred to the Grievance Committee which concluded that since the ethics complaint and the arbitration request, while arising out of the same transaction, were clearly distinguishable the arbitration hearing should proceed as scheduled; and the ethics complaint should be dismissed, noting that while Article 17 requires REALTORS® to arbitrate contractual and specified non-contractual disputes, alleged violations of the Code and violations of law or regulations do not fall within its scope.

Case #17-8: Attempted Use of Corporate Veil to Avoid Obligation to Arbitrate

(Revised Case #14-14 April, 1992. Transferred to Article 17 November, 1994. Revised

November, 1995. Revised November, 2001.)

REALTORS® A and B, principals in different firms, were both members of the same Board. A disagreement arose between them concerning entitlement to a commission in a real estate transaction. After initial efforts to resolve the dispute proved fruitless, REALTOR® A filed a request for arbitration with the Board which was reviewed by the Grievance Committee which concluded that an arbitrable issue existed. Instead of agreeing to arbitration through the Board, REALTOR® B filed a lawsuit against REALTOR® A. Receiving notice of the suit, REALTOR® A filed a charge with the Board alleging REALTOR® B had violated Article 17 of the Code of Ethics.

REALTOR® B, in his presentation to the Board of Directors indicated that, in his opinion, he was not subject to any ethics charge, since it was his corporation, and not REALTOR® B individually, that had filed suit against the corporation of REALTOR® A, not against REALTOR® A himself.

REALTOR® A told the Board of Directors that immediately upon occurrence of the dispute, he had suggested to REALTOR® B that the matter be arbitrated by the Board, and REALTOR® B said he would think about it. REALTOR® A then proceeded to file his request for arbitration with the Board. However, REALTOR® B did not respond to the arbitration notice and, shortly thereafter, REALTOR® A received notice of the suit filed by REALTOR® B’s corporation against the corporation of REALTOR® A. He said he then called REALTOR® B and again discussed the obligation of Article 17 with him. However, REALTOR® B advised him that his corporation was not subject to the requirements of the Code and stated his intent to pursue the litigation.

REALTOR® B acknowledged that the facts as related by REALTOR® A were correct and that his corporation had filed suit upon the advice of the corporation’s legal counsel. REALTOR® B said that membership in a Board of REALTORS® is individual and that personal responsibility disappears when a matter of corporate business is involved. He pointed out that he was not the only principal or officer in his corporation and that the decision to file litigation was not made by him alone, but by all of the corporate officers.

The Board of Directors, in reaching its decision, did not agree with REALTOR® B’s position. The Directors’ noted that the membership requirement in a Board of REALTORS® has, as its purpose, the assurance of commitment by the principals in the firm to the Code of Ethics. This commitment addresses the conduct and activities of all persons affiliated with the REALTOR®’s firm whether a sole proprietorship, partnership, or corporation. Moreover, the Directors pointed out that Article 17 obligates REALTORS® to “. . . cause their firms to arbitrate and be bound by an award.”

REALTOR® B was advised to withdraw the litigation and submit to arbitration by a date certain or his membership in the Board would be terminated. REALTOR® B accepted the decision, withdrew the suit against REALTOR® A, and submitted to arbitration.

Case #17-9: REALTOR® Not to be Denied Arbitration

(Adopted Case #14-15 May, 1988. Transferred to Article 17 November, 1994. Deleted November, 2001.)

Case #17-10: Board’s Use of State Association Arbitration Panel

(Adopted Case #14-16 May, 1988. Transferred to Article 17 November, 1994.)

A dispute arose between REALTOR® A and REALTOR® B, two of the 15 members of the X Board of REALTORS®. Both members requested that the matter be arbitrated by the Board’s Professional Standards Committee. The Grievance Committee concluded that an arbitrable matter existed but expressed reservations about the Board’s ability to provide an objective and impartial hearing since most of the other Board Members were either employed by or affiliated with REALTOR® A or REALTOR® B, or were frequently involved in transactions with them.

At a specially called meeting of the Board of Directors, it was determined that the Board was incapable of providing an impartial panel for an arbitration hearing. The Board President was authorized to refer the request to the State Association for a hearing by a Hearing Panel of the State Association’s Professional Standards Committee.

Pursuant to the Board’s request, a Hearing Panel was convened by the State Association which rendered an award on behalf of REALTOR® A. REALTOR® B refused to abide by the decision on the grounds that the dispute had not been heard by a panel of his Board as required by Article 17.

Both the State Association and the local Board advised REALTOR® A to seek judicial enforcement of the award in a court of competent jurisdiction noting that REALTOR® B had participated in the arbitration; that the State Association is also charged with the responsibility for enforcing the Code of Ethics; that the Board was within its rights in referring the matter to the State Association, due to its inability to provide an impartial panel; and that representatives of the State Association and local Board would be available to appear in support of the request for judicial enforcement.

Case #17-11: Appeal of Grievance Committee Decision

(Adopted Case #14-17 May, 1988. Transferred to Article 17 November, 1994.)

REALTORS® A and B were partners in a building company. They both held membership in the XYZ Board of REALTORS® and were Participants in the Board’s Multiple Listing Service. After many successful years, they decided to terminate their partnership with REALTOR® A continuing the building business and REALTOR® B forming a new residential brokerage company. As part of their termination agreement, REALTOR® B agreed not to build new homes in the XYZ Board’s jurisdiction for a period of twelve months.

Six months later, REALTOR® A filed a written request for arbitration with the Professional Standards Administrator of the XYZ Board of REALTORS®. In his request, REALTOR® A outlined the terms of their partnership termination agreement pointing out that REALTOR® B had continued to build new homes in violation of their agreement. REALTOR® A demanded that the Board take action to enforce the agreement and compel REALTOR® B to refrain from any further construction.

The Professional Standards Administrator forwarded the arbitration request to the Grievance Committee for review. After review, the Grievance Committee found the matter not properly arbitrable.

REALTOR® A was upset with the Grievance Committee’s decision and appealed to the Board of Directors. The Board of Directors noted that Article 17 of the Code of Ethics requires arbitration of disputes “ . . . between REALTORS® associated with different firms arising out of their relationship as REALTORS®.”

If REALTOR® A were requesting arbitration of a dispute arising out of a real estate transaction (such as a dispute concerning entitlement to commissions or subagency compensation), this would be a properly arbitrable matter. However, the Directors noted that the dispute in question related to the provisions of a partnership termination agreement which the Board had no authority to enforce. The Directors advised that while the Board’s arbitration facilities were available to settle disputes between members, buyers, and sellers related to real estate transactions, the Board’s authority did not extend to ordering performance of contracts since this was properly the privilege of the courts.

Case 17-12: Arbitration when a REALTOR® acts Exclusively as a Principal in a Transaction

(Adopted November, 1995. Revised May, 2017.)

REALTOR® A, a residential specialist in a major metropolitan area, inherited a cabin in the North woods from a distant relative. After spending a week of vacation there with her family, REALTOR® A decided that the fact that the cabin was over five hundred miles from her home made it likely that her use of the cabin would be infrequent, at best. Consequently, she decided to list and sell the cabin. REALTOR® A described her situation to REALTOR® B, who claimed to be experienced in the sale of vacation properties in the area and who told REALTOR® A that a quick sale should be “no problem.” Based of the REALTOR® B’s assurances, REALTOR® A signed a listing agreement with REALTOR® B.

REALTOR® B showed the property several times over the following months but to no avail. REALTORS® A and B spoke by long distance several times and ultimately concluded that a significant reduction in the listed price was called for.

A month later, REALTOR® B called REALTOR® A and advised that she had received an offer but disclosed that the offer was from REALTOR® B’s daughter and son-in-law. REALTOR® A thanked REALTOR® B for disclosing her relationship to the purchasers but went on to indicate that, as she felt that REALTOR® B had been overly optimistic in recommending an asking price in the first place, and that even after a significant price reduction the only offer produced by REALTOR® B had been from a member of her family, and that it was an “in-house” sale, REALTOR® A thought it was only fair that REALTOR® B would reduce her commission. REALTOR® B disagreed and sent the purchase offer to REALTOR®

A. REALTOR® A accepted the offer but at the closing, which was handled in escrow, REALTOR® B was surprised to learn that REALTOR® A had instructed the closing officer to disburse to REALTOR® B only half of the commission called for in the listing contract. REALTOR® B filed an interboard arbitration request against REALTOR® A claiming the balance of her commission. REALTOR® A refused to arbitrate on the grounds that she had been the seller in the transaction and had not acted within the scope of her real estate license and that there had been no “relationship as REALTORS®” between her and REALTOR® B as referenced in Article 17 of the Code of Ethics. REALTOR® A’s refusal to arbitrate was referred to the Board of Directors of REALTOR® A’s primary Association and, in response to questions put to her, she repeated her claim that she had acted exclusively as a principal in the transaction and not as a real estate professional. The Directors concurred with her reasoning noting that the operant words in Article 17 refer to contractual disputes between REALTORS® in different firms “arising out of their relationship as REALTORS®.” They noted that if it had been the desire of REALTOR® A and B to bind themselves to resolve any contractual dispute that might arise out of their principal/agent relationship, that could have been accomplished through insertion of an appropriate arbitration clause in the listing agreement. Absent that, there was no obligation for REALTOR® A to arbitrate with REALTOR® B.

Case 17-13: Arbitration Involving a REALTOR® Selling her Own Property

REALTOR® B was a real estate broker and property manager who, in addition to managing property for others, frequently bought and sold income property for her own account. Needing capital for another project, REALTOR® B decided to sell a three-flat building in which she had a strong equity position and which she thought would move quickly, given the current market conditions. To maximize market exposure, she listed the property with her firm and entered the listing into the MLS. She put a sign in front of the property indicating that it was for sale “by owner.” Her ads in the local newspapers indicated that the seller was a “broker-owner.”

REALTOR® A, who lived near the building, saw the “for sale” sign and called REALTOR® B. Introducing himself as a broker and as a REALTOR®, REALTOR® A asked what the asking price was and whether REALTOR® B was interested in listing her property. REALTOR® B did not indicate that she had listed her own property nor did she disclose that she was a broker or a REALTOR®. She did indicate that she would pay a commission to REALTOR® A if he procured a purchaser for the property but added that she preferred not to enter into an exclusive relationship with any broker and didn’t want to put anything into writing.

REALTOR® A thought the property might interest Dr. X, REALTOR® A’s chiropractor, and contacted him. Dr. X was in fact interested and, after several visits to the property, made an offer to purchase which was subsequently accepted by REALTOR® B.

At the closing, REALTOR® A learned several things, among them, that REALTOR® B, the seller, was also a REALTOR® and, more importantly, that REALTOR® B had instructed that only half of the previously agreed on commission was to be disbursed to REALTOR® A. When REALTOR® A protested the shortfall, REALTOR® B responded that her property was highly desirable, had “practically sold itself,” and, in any event, REALTOR® A had expended minimal efforts in bringing about the quick sale. REALTOR® A disagreed with REALTOR® B’s reasoning and, after appeals to REALTOR® B’s sense of fairness went unheeded, filed an arbitration request with the Association of REALTORS®. Faced with the request to arbitrate, REALTOR® B declined, referring to Article 17 of the Code of Ethics and noting that it relates to disputes between REALTORS® “...arising out of their relationship as REALTORS® ...” whereas she had been the seller.

REALTOR® B’s refusal to arbitrate was referred to the Board of Directors for their consideration. REALTOR® B repeated her defense that, as the seller, she was not obligated to arbitrate a dispute with another REALTOR® who had been acting within the scope of his broker’s license absent a specific arbitration agreement. REALTOR® B pointed out that the agreement between them was oral and, in response to REALTOR® B’s question, REALTOR® A admitted that the question of arbitration had never even been discussed. REALTOR® A noted the property had appeared in the MLS, and REALTOR® B responded that inclusion of information in the MLS had been a “technicality” and that she had “listed with herself” merely to comply with MLS rules and that she had considered herself the seller, first and foremost. The Directors agreed with REALTOR® B that she obviously had been a principal in the sale of her own property but went on to conclude that by listing the property, albeit with herself, she no longer was exclusively a principal in the transaction but had also acted within the scope of her broker’s license. As such, she had become embroiled in a contractual dispute with another REALTOR® “...arising out of their relationship as REALTORS®...” and had become obligated to arbitrate.

Case 17-14: Arbitration in Non-Contractual Disputes

(Adopted November, 2022.)

REALTOR® A entered into an exclusive buyer representation agreement with a client (referred to herein as "Prospective Buyer"), showing her several homes over a period of time. The Prospective Buyer made offers on two homes with REALTOR® A, both of which were not accepted.

REALTOR® A then presented the Prospective Buyer with a property recently back on the market, listed by REALTOR® B. REALTOR® A and REALTOR® B were REALTOR® principals in different firms, and were both members of the same MLS. The Prospective Buyer told REALTOR® A that she had seen the property with REALTOR® C, a REALTOR® principal of a different firm, when it came on the market several weeks earlier. She also told REALTOR® A that she had written an offer on the property with REALTOR® C that was not accepted because of multiple offers being submitted.

The Prospective Buyer said she wanted to write a new offer on the property with REALTOR® A and did not want to go back to REALTOR® C since it had been a while and she wanted to start fresh with a different REALTOR®. REALTOR® A suggested that the Prospective Buyer could compensate REALTOR® A directly under the terms of the buyer representation agreement and REALTOR® A would reject the offer of compensation from the listing broker, REALTOR® B. The Prospective Buyer agreed, REALTOR® A rejected the offer of compensation from the listing broker and the offer was submitted. REALTOR® B agreed to reduce his compensation by the amount that was offered in MLS and rejected by REALTOR® A. The Seller accepted the Buyer's offer with the reduced compensation offered by REALTOR® B and the transaction closed.

REALTOR® C learned that the Buyer had purchased the property and believed that she was procuring cause of the sale based on previous work she had done with the Buyer and the offer she had previously written for her on the property. REALTOR® C was a REALTOR® principal in the same MLS as listing broker, REALTOR® B. REALTOR® C filed an arbitration request against the listing broker, REALTOR® B for the amount offered in MLS. After receiving the request, REALTOR® B then filed an arbitration request against REALTOR® A for the amount offered in MLS and requested that the two arbitration requests be consolidated into one hearing.

The Grievance Committee reviewed REALTOR® C's request and found it to be a contractual dispute under Article 17 in that REALTOR® C's claim was that she was the procuring cause of the sale and thus had accepted the offer of compensation made by REALTOR® B. The Grievance Committee also found that it was a mandatory arbitration under Article 17 for the amount requested.

In reviewing REALTOR® B's arbitration request against REALTOR® A, the Grievance Committee noted that there was no contractual dispute under Article 17 because REALTOR® A had rejected listing broker REALTOR® B's offer of compensation. However, the Grievance Committee found that REALTOR® B's request was a noncontractual dispute within Standard of Practice 17-4 (3) in that REALTOR® B filed the request against REALTOR® A as a third-party respondent. The request was found to be a mandatory arbitration matter for the amount requested.

The Grievance Committee also discussed that REALTOR® C could have filed an arbitration request directly against REALTOR® A as a noncontractual dispute under Standard of Practice 17-4 (3) for the amount offered in MLS. In its discussion, the Grievance Committee further noted that Standard of Practice 17-4 (3) does not include any limitation as to the amount received by the cooperating broker or paid by the seller as exists in Standard of Practice 17-4 (1) and (2).

Case 17-15: Arbitration in Non-Contractual Disputes

REALTOR® A, a REALTOR® principal, worked with his client (referred to herein as "Buyer") on several properties. The Buyer wanted to write an offer on an expensive property that would generate (based on the offer price and the amount offered in the MLS) a $40,000 commission for REALTOR® A and his firm. When writing the offer, The Buyer explained that she wanted REALTOR® A to reduce his portion of the commission by half (by $20,000) to make the price of their offer attractive to the seller. REALTOR® A refused to reduce his commission as requested and the Buyer then refused to write the offer with REALTOR® A. 

The Buyer then approached REALTOR® B to view the property again. The Buyer did not disclose that she had seen the property or attempted to write an offer on the property with REALTOR® A. When the Buyer asked to write the offer, she suggested that REALTOR® B reduce the compensation offered in MLS to $20,000 so that her offer price was more attractive to the seller. REALTOR® B presented the offer to the listing broker, REALTOR® C, and explained the reduced compensation. REALTOR® C presented the offer to the seller and agreed to reduce the total commission by $20,000. The seller accepted the offer and the transaction closed.

After learning that the Buyer had purchased the property through REALTOR® B, REALTOR® A filed an arbitration request against the listing broker, REALTOR® C for the amount offered in MLS, or $40,000. REALTOR® A's request stated that he was the procuring cause of sale and thus had accepted REALTOR® C's offer of compensation in the MLS. REALTOR® C then filed an arbitration request against REALTOR® B for $40,000, requesting that the two cases by consolidated for one hearing. REALTORS® A, B and C are each REALTOR® principals, are all associated with different firms, and are members of the same MLS.

After reviewing REALTOR® A's arbitration request against REALTOR® C, the Grievance Committee determined that the matter was a mandatory arbitration as a contractual dispute under Article 17 for the amount offered in MLS ($40,000) based on REALTOR® A's claim that he was the procuring cause of sale. Likewise, the Grievance Committee determined that REALTOR® C's request against REALTOR® B was also a mandatory arbitration as a contractual dispute under Article 17. However, since the alleged contractual matter between REALTOR® C and REALTOR® B was for an amount of $20,000, REALTOR® C's claim against REALTOR® B was limited to $20,000.

The Grievance Committee also discussed that REALTOR® A could have filed an arbitration request directly against REALTOR® B as a noncontractual dispute under Standard of Practice 17-4 (1) for the amount REALTOR® B received ($20,000) per the terms of Standard of Practice 17-4 (1) providing that ". . .the amount in dispute and the amount of any potential resulting award is limited to the amount paid to the respondent by the listing broker. . ."

Case 17-16: Arbitration in Non-Contractual Disputes

REALTOR® C listed a property that was shown by REALTOR® A to REALTOR® A's client, referred to herein as "Prospective Buyer". REALTOR® C and REALTOR® A were REALTOR® principals in different firms. REALTOR® A was required to go out of town on a family emergency and had REALTOR® B in her firm take over for her, communicating that fact to the Prospective Buyer.

Prospective Buyer asked REALTOR® B to show the same listing to him again. REALTOR® B showed the listing to the Prospective Buyer. The Prospective Buyer did not like REALTOR® B's conduct during the showing. The Prospective Buyer wanted to write an offer on the property but did not want to write the offer with REALTOR® B and did not want to wait for REALTOR® A to return.

The Prospective Buyer then contacted REALTOR® D, an agent with a different firm who was recommended, to write an offer on the property, telling REALTOR® D that he had seen it with REALTORS® A and B, but would not work with REALTOR® B and could not wait for REALTOR® A to return.

REALTOR® D suggested writing an offer in which the Prospective Buyer agreed to pay REALTOR® D directly. The Prospective Buyer agreed on condition that REALTOR® D reduced her compensation by a certain percentage from what was offered in MLS. REALTOR® D agreed. REALTOR® D presented the offer, rejecting the offer of compensation in MLS. Listing broker REALTOR® C and the seller agreed to the compensation reduction. The offer was accepted, and the transaction closed.

REALTOR® A learned that the Buyer had purchased the Property through REALTOR® D. REALTOR® A filed an arbitration request against listing broker REALTOR® C for the amount offered in MLS. REALTOR® C then filed an arbitration request against REALTOR® D for the amount offered in MLS, requesting the cases to be consolidated into one hearing.

The Grievance Committee reviewed REALTOR® A's request and found it to be a contractual dispute under Article 17 in that REALTOR® A's calim was that she was the procuring cause of the sale and thus had accepted the offer of compensation made by REALTOR® C. The Grievance Committee also found that it was a mandatory arbitration under Article 17 for the amount requested.

In reviewing REALTOR® C's arbitration request against REALTOR® D, the Grievance Committee noted that there was no contractual dispute under Article 17 because REALTOR® D had rejected listing broker REALTOR® C's offer of compensation. However, the Grievance Committee found that REALTOR® C's request was a noncontractual dispute within Standard of Practice 17-4 (3) in that REALTOR® C filed the request against REALTOR® D as a third-party respondent. The request was found to be a mandatory arbitration for the amount requested.

The Grievance Committee also discussed that REALTOR® A could have filed an arbitration request directly against REALTOR® D as a noncontractual dispute under Standard of Practice17-4 (3) for the amount offered in MLS. In its discussion, the Grievance Committee further noted that Standard of Practice 17-4 (3) does not include any limitation as to the amount received by the cooperating broker or paid by the seller as exists in Standard of Practice 17-4 (1) and (2).

• UK & Ireland

How is this helpful for me?

• Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work.
• Interact directly with CaseMine users looking for advocates in your area of specialization.
• Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest.
• The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters.

  Know more  

SUGGESTIONS

• Visual Try our Visuals feature which gives you an instant snapshot of the most relevant and landmark case laws.">

Cases cited for the legal proposition you have searched for.

• Judgments 384

... 17 , untouchability is abolished and its practice in any form is forbidden, under Article 46 the State is obligated to promote with special care the educational and economic interests of the weaker...member of the Forward community with a member of the Backward Class. Coming now to the legal aspect of the matter, we have to bear in mind ArticleS 17 and 16 of the Constitution. While Under Article ...contention of the learned Counsel that such a classification is arbitrary and has no nexus to the object, as such it is violative of Article 14 of the Constitution, cannot at all...

...with law. In exercise of the power in second part of Article 17 and Article 35(a)(ii), the Untouchability (Offences) Act, 1955 was passed, which was renamed in 1976 as...Pact and 1934 Congress resolution formed the foundation for Article 17 . Though the tenets of other religions do not preach, by imitation they too practise untouchability , though not with strict rigour... Article 17 of the Constitution”. Section 3 prescribes punishment for enforcing religious disability on the ground of untouchability . Section 4 prescribes punishment for enforcing social disability on the...

... untouchability based on social factors and is wide enough to cover menstrual discrimination against women. It has further been submitted by applicant/intervenor that Article 17 applies to both...keeping the understanding of untouchability in Article 17 open-textured was to abolish all practices based on the notion of purity and pollution. This Article proscribes untouchability ‘in any form’ as...carried out the strict injunction of Article 17 of the Constitution of India by which untouchability has been abolished, and held that, as excommunication is a form of untouchability , the Act is...

...appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. Article 17 abolishes “ Untouchability ” and...has been effected pursuant to the provision contained in para 3 of the Constitution (Scheduled Castes) Order, 1950, that provision is constitutionally invalid. The petitioner invokes Article 14, which...is the central provision in the Constitution guaranteeing the right to equality before the law and the equal protection of the laws, and clause (1) of Article 15 which...

...transgression of the caste-rules Article 17 of the Constitution prohibits ‘ untouchability ’ in any form.”7. Subsequently, the Parliament passed an Act known... Article 17 of the Constitution which reads as under:“Art. 17 Abolition of Untouchability —“ Untouchability ” is abolished and its practice in any fo...enforcement of any disability arising out of “ untouchability ” shall be an offence punishable in accordance with law.”28. Article 17 places the word “ Untouchability ” in inverted commas...

...persons. Great social injustice resulted from treating sections of the Hindu community as “untouchable” and, therefore, Article 17 abolished untouchability and Article 25 permitted the State to make any...2010 SCC OnLine Kar 5407, SCC OnLine Kar para 17 )...to provide for reservation in promotion with consequential seniority under Article 16(4-A) if “backwardness”, “inadequacy of representation” and “overall efficiency” so warranted. There is no fixed...

...right accruing to him by reason of the abolition of  untouchability  under article 17 of the Constitution; or (b) molests, injures, annoys, obstructs or causes or attempts to cause obstruction to any...or property of any individual as a repraisal or revenge for his having exercised any right accruing to him by reason of the abolition of  untouchability  under article 17 of the...from abolition of untouchability by Article 17 of the Constitution of India. To explain this further, a certain class...

...disability arising out of ‘ untouchability ’ shall be an offence punishable in accordance with law.” 15. Article 17 of the Constitution was initially implemented through the...in particular was deprecated in no uncertain terms by Dr B.R Ambedkar, Chairman of the Drafting Committee of the Constitution of India. Accordingly, in Chapter III of the Constitution, Article 17 abolished... untouchability which states as follows: “ 17 . Abolition of untouchability .—‘ Untouchability ’ is abolished and its practice in any form is forbidden. The enforcement of any...

.... 45. Though, Article 17 of the Constitution prohibits untouchability , whether untouchability has vanished? We have to find the answer to all these pertinent questions in th...in respect of offences under the said Act. But can this be considered as violative of Article 14? The offences enumerated under the said Act fall into a separate and special class. Article 17 of the...articulates in four salient provisions : Article 15, Article 17 , Article 23 and Article 24. The idea of fraternity occupying as crucial a place in the scheme of our nation's consciousness and polity, is on...

...infringement of Article 17 of the Constitution of India. Under Article 17 of the Constitution of India, untouchability is abolished and its practice in any form is forbidden and the enforcement of..., after rechristening of The Untouchability (Offences) Act, 1955 as the Protection of Civil Rights Act, 1955, read with Article 17 of the Constitution of India, it only refer... untouchability either under Article 17 or under the Protection of Civil Rights Act, 1955 is only a misnomer. In the present case...

...enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law-vide Article 17 . Article 17 which makes the practice of untouchability an offence ...the Constitution of India.5. Untouchability is neither defined in the Act nor in the Constitution. ‘ Article 17 does not deal with untouchability in its literal and grammatical sense...accruing to him by reason of the abolition of ‘ untouchability ’ under Article 17 of the Constitution; or(b) molests, injures, annoys, obstructs or causes or attempts to cause...

...by legislation. This culminated in the enactment of Article 17 , which is as follows: “ ‘ Untouchability ' is abolished and its practice in any form is forbidden. The enforcement of...” in that Article had reference to religious beliefs and doctrines, and did not include rituals and ceremonies, and that, in any event, Articles 17 and 25(2) which had been...economic character; all of them are religious practices and should be regarded as matters of religion within the meaning of Article 26(b).” 17 . It...

.... Article 17 of the Constitution itself does not define “ Untouchability ” presuming that it is known to one and all. The “ Untouchability ” is in the nature of disability imposed...) prevents any person from exercising any right accruing to him by reason of the abolition of “ untouchability ” under Article 17 of the Constitution; or(b...ground of “ untouchability ”. The Article 17 of the Constitution does not define “ untouchability ”. The...

...commencement of the, Constitution by virtue of Article 13 read with Articles 17 and 35 of the Constitution. This argument has no force. Article 17 prohibits untouchability and...practice in any form and lays down that“the enforcement of any disability arising out of ‘ untouchability ’ shall be an offence punishable in accordance with law.”7. Article 35...any disability arising out of untouchability . Assuming, without deciding, that the U.P Removal of Social Disabilities Act deals with disability arising out of untouchability , it may be observed that the...

...prevented, as rightly pointed out by the learned counsel for the third respondent that would amount to untouchability . Article 17 of...(Prayer: Petitions filed under Article 226 of the Constitution of India to issue a Writ of...the Constitution of India has abolished untouchability and its practice in any form.5. Section 3 of the Tamil Nadu Temple Entry Authorisation Act, 1947 reads as follows:"3...

...treating sections of the Hindu community as “untouchable” and, therefore, Article 17 abolished untouchability and Article 25 permitted the State to make any law providing for throwing open all public...-fifth Amendment) Act, 2001 inserting Article 16(4-A) of the Constitution retrospectively from 17 -6-1995 providing reservation in promotion with consequential seniority as being unconstitutional and...clause (4-A) in Article 16 of the Constitution:“the constitution (seventy-seventh amendment) act, 1995 Assented on 17 -6-1995 and came into force on 17 -6-1995...

...force,” I am unable to see why it was necessary to provide for the abolition of untouchability expressly and specifically by Art. 17 . This article abolishes untouchability and forbids its practice in any...law. This, in our opinion, is a very clear pointer to the intention of the Constitution-making body to exclude personal law from the purview of Art. 13. There are other pointers as well. Article 17 abolishes... untouchability and forbids its practice in any form. Article 25(2)(b) enables the State to make laws for the purpose of throwing open of Hindu religious institutions...

...provided sufficient safeguards to prevent and eliminate the evil of untouchability . Article 17 of the Constitution of... (1) Whoever- a)prevents any person from exercising any right accruing to him by reason of the abolition of " untouchability " under article 17 of the Constitution; or...for the matters connected therewith. In the statement of objects and reasons it was specifically mentioned: "Under Article 17 of...

...accrued by reason of abolition of untouchability under Article 17 of the Indian Constitution. It is not the case of the complainant that his case falls within those...abolition of untouchability by Article 17 of the Constitution, yet, the Act itself does not restrict its operation to persons who are “untouchables”. She submits that the Act is... untouchability by Article 17 of the Constitution. The term “Scheduled Caste” has been defined in section 2(d)(b). Section 3 prescribes punishment for...

...Section 7(2)(i) of the Act has to be understood in the light of the term ' untouchability ' used in Article 17 of the Constitution of India. The Act was enacted to prescribe punishment for the...preaching and practice of untouchability as described in Article 17 of the Constitution of India. The definition of 'civil rights' contained in Section 2(a) of the Act, convey such meaning. It reads...:- "(a) 'Civil rights' means any right accruing to a person by reason of the abolition of ' untouchability ' by Article 17 of the Constitution...

Keyword Alert(s)

Create alert, update courts.

• Supreme Court & High Court

Overruled By

Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQ interface.

Let Us Help you!

Forgot Password

Don't have an account register.

Article 17: Abolition of Untouchability & Related Supreme Court Rulings

Updated on 11 May, 2019

Daily Updates

--> --> --> --> --> --> --> -->.

Abolition of Untouchability: Untouchability is abolished and its practice in any form is forbidden. In fact, the enforcement of any disability arising out of an Untouchability shall be an offence punishable in accordance with the law. Analysis: Abolition of an untouchability has been included among the fundamental rights under the article 17. In fact, this is one of the few fundamental rights which is available against the individuals . Legislative enactments related to Article 17: To make an untouchability law further strong, parliament passed an Untouchability (offences) the Act in 1955. However, this act was further amended and also renamed in the year of 1976 as Protection of the Civil Rights Act, 1955. Well, this act lays down that whatever is open to the general public should be open to the members of the scheduled castes. In fact, an enforcement of any disability arising out of an untouchability shall be an offence, punishable in accordance with the law. The PCR turned out to be ineffective to reduce the atrocities on Scheduled Castes due to low punishments ranging between 1 month and up to six months imprisonment. Consequently, the SC/ST Act, 1989 was passed by the Parliament. The term ‘ untouchability’ has not been defined in the Constitution or in the Act . However, the Mysore High Court held that the subject matter of Article 17 lies in the practice developed historically in the country. Also, it refers to the social disabilities which is imposed on the certain classes of the persons by the reason of their birth in the certain castes. Hence, it does not cover social boycott of the few individuals or their exclusion from the religious services, and many more. By preventing any of the person from entering any place of the public worship or from the worshipping therein; Justifying untouchability on religious, traditional, philosophical or other grounds; Denying access of public entertainment i.e. hotel, shop or places; However, insulting a person who is belonging to the scheduled caste on the ground of an untouchability; Refusing to admit persons in the hospitals, educational institutions or the hostels established for the public benefits; Preaching untouchability directly or indirectly; and Refusing to sell goods or the render services to any of the person. Read Also:   Article 31B & I.R.Coelho Case As per the Supreme Court, the right under Article 17 is available against private individuals and it is the constitutional obligation of the State to take necessary action to ensure that this right is not violated. Article 17- Abolition of Untouchability (contd.) Justice DY Chandrachud puts it aptly in his judgment in Justice KS Puttaswamy vs Union of India (2017) : “ The vision of the founding fathers was enriched by the histories of suffering of those who suffered oppression and a violation of dignity both here and elsewhere.” Social justice was made apparent in the entire constitutional scheme. In the words of renowned constitutional expert HM Seervai: “Our founding fathers not only put Liberty and Equality in the Preamble to our Constitution but gave them practical effect in Article 17 which abolished ‘Untouchability ’, and in Article 14, which provides that ‘the State shall not deny to any person equality before the law and equal protections of laws in the territory of India”. Protection of Civil Rights Act, 1955 Main provisions of the Protection of Civil Rights Act, 1955, are as under:- Sections 3 - 7A of the Act define the following as offences if committed on the ground of “untouchability”, and lay down punishment for them: (i) Prevention from entering public worship places, using sacred water resources (Section 3). (ii) Denial of access to any shop, public restaurant, hotel, public entertainment, cremation ground etc.(Section 4). (iii) Refusal of admission to any hospital, dispensary, educational institutions etc. (Section 5). (iv) Refusal to sell goods and render services (Section 6). (v) Molestation, causing injury, insult etc. (Section 7). (vi) Compelling a person on the ground of untouchability to do any scavenging or sweeping or to remove any carcass etc. (Section 7 A). STRUCTURES AND MECHANISMS FOR IMPLEMENTATION & MONITORING OF THE PROTECTION OF CIVIL RIGHTS ACT, 1955. Legal Aid : Section 15A(2)(i) of the Protection of Civil Rights Act, 1955, provides for adequate facilities, including legal aid to the persons subjected to any disability arising out of 'untouchability' to enable them to avail themselves of such important rights. Special Courts: Section 15A(2)(iii) of the Protection of Civil Rights Act, 1955, provides for setting up of special courts for trial of offences under the Act. Committees at appropriate levels : Section 15A(2)(ii) of the Protection of Civil Rights Act, 1955, provides for setting up of Committees at such appropriate levels as the State Governments may think fit . The State and District Level Vigilance and Monitoring Committees, which review the implementation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, wherever required also review action under the Protection of Civil Rights Act, 1955. Special Police Stations Incentive for inter-caste marriages   Protection of Civil Rights Act, 1955 Constitutional bodies to monitor safeguards provided for SCs and STs National Commission for Scheduled Castes (NCSC): The NCSC is a body established under Article 338 of the Constitution. Its mandate is to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under the Constitution. National Commission for Scheduled Tribes (NCST): The NCST is a body established under Article 338-A of the Constitution. Its mandate is to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under the Constitution. Read More Articles: Art.300A – Right to Property is not a Fundamental Right Article 27 & The Haj Subsidy Issue.

Editorial: Politics of Diplomacy- India-Maldives relations: Don’t overreact

Editorial: Attacks on interfaith couples: The moral police again

Editorial: To combat climate change, citizens and government must join hands

Editorial: Mumbai Trans Harbour Link: Bridge to prosperity

You are not logged in. For bookmarking this please login first.

Article 17: Abolition Of Untouchability In India

• Refusing to share food or drink with members of lower castes or tribes.
• Prohibiting members of lower castes from entering temples, mosques, or other places of worship.
• Forcing members of lower castes to perform menial tasks such as cleaning toilets or handling dead animals.
• Denying members of lower castes access to education or employment opportunities.
• Segregating members of lower castes in separate living quarters or neighborhoods.
• Refusing to allow members of lower castes to use common facilities such as water sources or public transportation.
• Imposing social restrictions on members of lower castes such as prohibiting them from wearing certain types of clothing or jewelry.
• Subjecting members of lower castes to physical violence or harassment.
• Protection against discrimination: Article 17 provides legal protection to Dalits against discrimination based on their caste or social status. It ensures that they are treated equally and have access to the same opportunities as other citizens.  
• Punishment for offenders: The article makes it a punishable offense to practice untouchability, which acts as a deterrent to those who would discriminate against Dalits. Offenders can face imprisonment and fines, which can help to curb discrimination.  
• Empowerment of Dalits: Article 17 empowers Dalits by giving them the legal right to fight against discrimination and seek justice. It helps to raise their voice and assert their rights, which can lead to greater social and economic mobility.  
• Promotion of social equality: Article 17 promotes social equality by eradicating the practice of untouchability. It helps to create a more inclusive society where every citizen is treated with respect and dignity, regardless of their caste or social status.  
• Strengthening democracy: Article 17 strengthens democracy by ensuring that every citizen has equal rights and opportunities. It helps to create a more just and equitable society, which is essential for the functioning of a democratic system.
• Lack of enforcement: The implementation of Article 17 is weak, and offenders often go unpunished. This lack of enforcement undermines the effectiveness of the article and perpetuates discrimination against Dalits.  
• Deep-rooted social prejudices: Discrimination against Dalits is deeply ingrained in Indian society, and it will take time to change these attitudes. Even though Article 17 has been in place for over 70 years, untouchability still exists in many parts of the country.  
• Caste-based politics: Caste-based politics is a significant challenge to the implementation of Article 17. Politicians often use caste as a tool to gain votes, which perpetuates discrimination and hinders efforts to eradicate untouchability.  
• Lack of awareness: Many people are not aware of their rights under Article 17, which makes them vulnerable to discrimination. There is a need for greater awareness and education about the article and its implications.  
• Inadequate legal support: Dalits often face legal challenges when fighting against discrimination, and they may not have access to adequate legal support. This can make it difficult for them to seek justice and assert their rights under Article 17.
• Quote by Dr Bhimrao Ambedkar

Award Winning Article Is Written By: Ms.Shilpi Kumari Authentication No: NV330847506583-4-1123

Law Article in India

Please drop your comments, you may like.

Trade Laws in the Digital E...

Assessing The Constitutiona...

Signs And Symptoms Of Drown...

Kinds, Consequences And Rea...

A Research On Battered Wome...

Rejection on the Basis of R...

Legal question & answers, lawyers in india - search by city.

Law Articles

How to file for mutual divorce in delhi.

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

File caveat In Supreme Court Instantly

Articles 17 and 18 of Indian Constitution, Provisions, SC Judgements

The Indian Constitution seeks to create a society in which every person is given an equal status in every means. Know all about Article 17 & 18, Provisions & SC Judgement for preparation of UPSC exam.

Table of Contents

Articles 17 and 18 of Indian Constitution

Article 17 (Abolition of Untouchability) and Article 18 (Abolition of Title), both are covered under Part III ( Fundamentals Rights ) of the Constitution which ensures an important role in the establishment of equality of status of citizens in India. Articles 17 and 18 of Indian Constitution are a part of the Right to Equality that was included for the Abolition of Untouchability and Title respectively.

Read More: Article 15 of Indian Constitution

Article 17 of Indian Constitution

According to Article 17 of the Indian Constitution , untouchability is no longer permitted. According to the Article, untouchability is against the law in all forms. The practice of untouchability is outlawed by Article 17 of the Indian Constitution.

Untouchability is a prohibited practice, and those who practice it risk legal ramifications, according to the Untouchability Offences Act of 1955 (later renamed the Protection of Civil Rights Act in 1976). All Indian citizens should have access to everything that is available to the general public, per this Act. Untouchability is forbidden by Article 17 and is not permitted in any form. Untouchability-related impairments must be enforced, which is forbidden and punishable by law.

It should be noted that, though Article 17 abolishes untouchability, but the term “Untouchability” hasn’t been defined anywhere in the constitution . Hence, the Mysore High Court gave its interpretation that the subject matter of Article 17 is not untouchable in its literal or grammatical sense but the ‘practice as it had developed historically in the country’.

It speaks about the societal limitations imposed on particular classes of people as a result of their birth into particular castes. As a result, it excludes certain people from participating in social boycotts or from attending religious services, among other things.

Nature of the Article: It should be noted that Article 17 is the only article of absolute nature among all the other rights given in the Constitution. As there are no exceptions given in this article. That is, it is illegal to practice untouchability in any form. Hence, one cannot violate it under any circumstances.

Read More: Article 16 of Indian Constitution

Article 17 of Indian Constitution SC Judgement & Laws

There are some important Supreme Court Judgements and laws related to Article 17 of the Indian Constitution described below:

People’s Union for Democratic Rights v. Union of India, 1982

The highest court found that this article provides protection not just against the government but also against private citizens in this case. The state is required to take appropriate actions by making appropriate laws to stop the violation of Article 17.

Parliamentary law

The power to enact laws outlining penalties for practising untouchability is granted to the Parliament under Article 35 when read in conjunction with Article 17. As a result, the Untouchability (Offenses) Act of 1955 was passed by the Parliament. The Protection of Civil Rights Act of 1955 was strengthened and given a new name in 1976. As stated in Article 17 of the Constitution, “Civil Rights” are defined as “any rights accruing to a person as a result of the eradication of untouchability.”

Legislative Enactments

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was also passed by the Parliament to stop crimes or atrocities against Scheduled Castes and Scheduled Tribes members.

Read More: Article 14 of Indian Constitution

Article 18 of Indian Constitution

Under Article 18 of the Indian Constitution, anything used as a prefix or suffix to one’s identity, such as Sir, Nawab, Maharaja, and so on, is referred to as a “title.” In a democracy, titles and titular accomplishments are not permitted. It will work against the advancement of social justice.

The purpose of this Article 18 in our Constitution is to uphold equality for all individuals. Titles relate to any hereditary designations (such as Rai Bahadur, Khan Bahadur, Sawai, Rai Sahab, Zamindar, Taluqdar, and so on) used by persons during the colonial era.

Read More:   Salient Features of Constitution of India

Article 18 of Indian Constitution Clauses

The only restriction is that no one will ever use the Padma Shri, Padma Bhushan, Padma Vibhushan, or Bharat Ratna as a prefix or suffix to their names. It also excludes academic and military professions. This article abolishes titles and makes four provisions in that regard.

Read More: Directive Principles of State Policy

Article 18 of Indian Constitution Purpose

Through the projection of inferiority complexes onto others, titles serve to distinguish a person’s rank. As a result, the constituent assembly determined to eliminate such discrepancy and produced this article, which has four sections.

It would jeopardise the peace and cohesion of the current society. To uphold the goal of a democratic republic, the nationalists unanimously voted to abolish titles.  It is to be noted that, Article 18 does not secure any fundamental right but imposes a restriction on executive and legislative power.

In a democratic government, honours and titles shouldn’t be established. This is part of the growth of a country that seeks to achieve political, cultural, and economic fairness as well as true democracy. There is really no place for a small group of persons to hold titles that could create unjust differences among the members of a community of equals.

Accepting a title is a violation of a rule but not a crime. An individual may use Article 226 to impose limitations on the state through the writ of Mandamus. The recourse is only usable for the enforcement of rights that are guaranteed by the constitution.

Read More: Preamble of Indian Constitution

Article 18 of Indian Constitution SC Judgements

In the Balaji Raghavan v. Union of India decision from 1995, the petitioners asked the court to forbid the Indian government from presenting national honours like the Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri. They also questioned the legitimacy of national awards like the Bharat Ratna. They contend that the National Awards violate Article 18(1) of the Indian Constitution since they fall under the jurisdiction of titles.

According to the Supreme Court , the principle of equality does not actually require that people who have made significant contributions to the nation and its greatness be denied acknowledgement. Every individual is urged, according to Article 51A(j) of the Indian Constitution, “to aspire for expertise in all domains of collective and individual interaction, so that the nation perpetually increases to higher levels of endeavour and accomplishment.”

National Honors like the Padma Bhushan, Padma Shri, and Bharat Ratna do not infringe upon the equality protections provided by the Indian Constitution. These National Honors do not contravene Article 18 of the Indian Constitution because they are not “titles” in the sense of that provision. The Court recommended that the Prime Minister create a high-level panel in coordination with the President to ensure that only deserving people receive the honours in order to prevent the abuse of this privilege.

Read More:  Articles 12 and 13

Articles 17 and 18 of Indian Constitution UPSC

Contrary to popular belief, the right to equality is not a straightforward idea. The Indian Constitution seeks to create a society in which every person is given equal status in every way. The advancements made in accordance with the Constitution’s right to equality have improved Indian society without any division of Indian society based on class, faith, colour or titles, the Constitution’s founders aspired to create a society in which all citizens are treated equally. The courts have provided numerous interpretations through their rulings in order to accomplish the goal of equality that the Indian Constitution’s authors desired.

Read about:  Important Articles of Indian Constitution

Sharing is caring!

What is Article 17?

Article 17 states that, untouchability is no longer permitted is against the law in all forms.

Is Article 17 being an absolute right?

Article 17 is the only article of absolute nature among all the other rights given in the Constitution as there are no exceptions given in this article.

What is Article 18?

It prohibits the state from conferring any title (except military or academic distinction) on anybody, whether a citizen or a foreigner.

What is Article 18(2)?

It prohibits an Indian citizen from accepting any title given by any foreign state.

What is Article 18(3)?

Foreigner holding any office of profit under the state can accept any title from any other foreign state with the consent of the president of India.

• indian polity

Leave a comment

Your email address will not be published. Required fields are marked *

Save my name, email, and website in this browser for the next time I comment.

• UPSC Online Coaching
• UPSC Exam 2024
• UPSC Syllabus 2024
• UPSC Prelims Syllabus 2024
• UPSC Mains Syllabus 2024
• UPSC Exam Pattern 2024
• UPSC Age Limit 2024
• UPSC Calendar 2024
• UPSC Syllabus in Hindi
• UPSC Full Form

Recent Posts

• UPPSC Exam 2024
• UPPSC Calendar
• UPPSC Syllabus 2024
• UPPSC Exam Pattern 2024
• UPPSC Application Form 2024
• UPPSC Eligibility Criteria 2024
• UPPSC Admit card 2024
• UPPSC Salary And Posts
• UPPSC Cut Off
• UPPSC Previous Year Paper

BPSC Exam 2024

• BPSC 70th Notification
• BPSC 69th Exam Analysis
• BPSC Admit Card
• BPSC Syllabus
• BPSC Exam Pattern
• BPSC Cut Off
• BPSC Question Papers

IB ACIO Exam

• IB ACIO Salary
• IB ACIO Syllabus

CSIR SO ASO Exam

• CSIR SO ASO Exam 2024
• CSIR SO ASO Result 2024
• CSIR SO ASO Exam Date
• CSIR SO ASO Question Paper
• CSIR SO ASO Answer key 2024
• CSIR SO ASO Exam Date 2024
• CSIR SO ASO Syllabus 2024

Study Material Categories

• Daily The Hindu Analysis
• Daily Practice Quiz for Prelims
• Daily Answer Writing
• Daily Current Affairs
• Indian Polity
• Environment and Ecology
• Art and Culture
• General Knowledge
• Biographies

IMPORTANT EXAMS

• Terms & Conditions
• Return & Refund Policy
• Privacy Policy

The Interpretative Scope of Article 17: Chandrachud, J. Breaking the Trend in Sabarimala: Part II

In this two-part series, the author analyzes Justice D.Y. Chandrachud’s reasoning while tackling the challenge of Article 17 in the Sabarimala Temple Entry Case (“Sabarimala”). Chandrachud J. took a distinct approach by expanding the scope of Article 17 to include the notions of ‘Purity -Pollution’. Part II critiques an expansive interpretation of Article 17 using the Constituent Assembly Debates. Further, it analyses these debates using Dworkin’s conception of “vague standards” in Constitutional Theory and argues that Chandrachud’s reasoning paved the way for a new form of the ‘non-discrimination’ doctrine, one that lends teeth to the provisions of Article 17 and allows it to attack a wider set of discriminatory practices that find justification in such notions.

In this part, I critique the expansive interpretation of Article 17 undertaken by Chandrachud, J. and argue that he paved the way for a new form of the ‘non-discrimination’ doctrine, lending teeth to the provisions of Article 17 and allowing it to attack a wider set of discriminatory practices that find justification in such notions.

• Expansive Interpretation of Article 17 – A Critique
• Constituent Assembly Debates: Scope for an Expansive Interpretation

During the Assembly Debates, the undefined nature of “untouchability” had come up . While some members favoured a caste-based understanding of the term, none of the members proposed a narrow definition in opposition to an expansive one .

There were references to Article 15(2), and a connection to Article 17 was made . The same can be understood to imply that an interpretation of Article 17 was required in a broader sense. It was argued that Article 15(2)’s prevention of “ horizontal discrimination ” in access to hotels, shops, public restaurants, etc. was superfluous, because of Article 17, since it already abolished such practices based on caste. But there is another way to look at these Articles – since Article 15(2) already covered caste and religion-based discrimination, a narrow reading of Article 17 would make it redundant. Therefore, the scope of Article 17 becomes wider. It may be taken to include the abolition of “ social inequity… social stigma and… social disabilities . ”

Another relevant exchange that is worth noting is between Prof. K.T. Shah and Dr. B. R. Ambedkar . Prof Shah decried the lack of a definition clause regarding “untouchability” and cautioned that proceeding without one would make “ it open for busybodies and lawyers to make capital out of a Clause like this . ” He specifically went on to detail instances of “untouchability” based on the notions of cleanliness and purity that did not find a basis in the caste system and questioned whether the Article would cover them also. Further, in this context, Mr. Naziruddin Ahmad had attempted to move an amendment to the proposed Article which would have restricted Article 17 to only religion and caste. But this was rejected and from this rejection, the reading of a notion against attributing a limited meaning to Article 17 can be inferred.

• Dworkinian Analysis of the Assembly Debates: Article 17 Transcends Caste

American Philosopher Ronald Dworkin, in his Jurisprudence of Richard Nixon, [ [i] ] introduces the challenge of interpreting what he calls “vague standards” in Constitutional theory. Simply put, the argument concerns constitutional provisions in the Bill of Rights (such as due process, or equality) that may/may not have been drafted keeping a certain context in mind. He argues (a) that these standards have been made ‘vague’ purposefully, to (b) extend the general principle to uncharted situations, instead of having to modify the principle with every subsequent development/modification to the initially conceived position(Dworkin, R. 1997, Chapter V). This principle also works to check rigidity in the realization of law(s), so that any given law is not bound to the circumstances that existed at the time of its drafting.

Consider the arguments in the previous section in light of ‘purposive vague standards.’ It can be inferred, as noted by Chandrachud, J. as well, that there was discord over the (lack thereof) definition of “untouchability” as written in the draft Article. Furthermore, subsequent exchanges do in fact point to a deliberate omission of a definition for the term as well. Secondly, take into account this proposition with the fact that no member actually proposed a narrow definition (for “untouchability”) in opposition to an expansive one . So, it can not only be inferred that “untouchability” was left undefined but also that it was deliberate. Hence “vague standards” find relevance. Dworkin proceeds to mention 2 approaches that may be employed by the courts while interpreting the ‘vague’ sections/laws (Dworkin, R. 1997, Chapter V). These are the ‘strict’ and ‘liberal’ strategies.

The viability of a strategy depends on the response to the propositions: the decision required by (i) a ‘strict’ and faithful adherence to the text/ intention of the drafters, and (ii) the political philosophy taking a strict/narrow view of moral rights possessed by individuals against society? So, Chandrachud, J.’s by beginning the inquiry at the core of Article 17, i.e., the logic of Purity-Pollution, opted for the liberal strategy which in turn treated “untouchability” in Article 17 as a deliberately vague standard, owing to which Article 17 is read to transcend just caste.

Therefore, a principle-based (i.e., ‘Purity-Pollution’) reading of Article 17 as undertaken by Chandrachud J. is not only justified but also warranted. The purity-pollution-based reading of Article 17 allows for this Article to capture the essence of the caste system, and base subsequent inquiries around this logic, expanding the scope of Article 17 to include a wider set of practices. This expansion of Article 17 is in line with the assembly debates as well as the Dworkinian line of arguments. It accounts for those circumstances that may not have been foreseen by the drafters at that time. Take the modern-day example of having separate lifts for workers/maids in apartment complexes , or serving them food in separate utensils. This practice is not necessarily caste-based untouchability, since it is not primarily foregrounded in caste. But this differential treatment is based in the logic of purity-pollution, going to the jobs these people may hold and caste-based connotations that may be attached to particular jobs. While caste is not the immediate cause of the differential treatment here, there is nonetheless an exclusionary effect.

• Widening the Scope of Article 17: The Anti-Exclusion Principle

Gautam Bhatia, while dealing with a similar prospect, put forth the ‘anti-exclusion principle,’ as a measure to restrict religious groups’ autonomy, as to the extent to which the acts of groups have an exclusionary effect on individuals, regarding access to basic possessions, “ necessary for a life of material and expressive dignity .” Bhatia propounds the ‘anti-exclusion’ principle out of Sinha C.J.’s dissent in Sardar Syedna . He bases the conception of Articles 15(2) and 17 in this principle. His ideas find relevance in the discussion around expanding the scope of Article 17. Essentially, the principle of anti-discrimination, as propounded under Article 15(2), can be given an expanded meaning, especially in the context of religious practices. It allows for an emphasis on the exclusionary effect of the religious practice rather than its content . This further adds to the Essential Religious Practices (ERP) debate. In Sabarimala , the decision is borne out of the finding that the Ayapanas did not constitute a ‘religious denomination.’ Consequently, the ERP test was applied, and subsequently, the test of ERP was applied and this application shifted the focus away from the Article 17 argument and the exclusionary effect of practices.

• Expansive Interpretation of Article 17: Limitations & Concluding Remarks

Starting with the very framing of the right, it is not followed by any exceptions. This implies its absolute nature. A possible implication of expanding it would be the inapplicability of reasonable restrictions to it. This can conflict with the practice of some “permissible” forms of “untouchability” (may be temporary), as flagged by Shah during the Debates . He had provided such examples and questioned the applicability of Article 17 thereon. He had specifically referred to the often “untouchable” nature of women during menstruation. He further gave examples of religious practices and funeral rites that regard people as “untouchables” .

Moreover, the judiciary would not be able to read reasonable restrictions into Article 17 following a harmonious interpretation of the Constitution, since it would allow for the practice of “untouchability” to subsist in some form or the other . A solution to such a predicament could be the determination of the effect of the impugned practice on a case-to-case basis, by terming the question as one of fact. Additionally, perhaps a constitutional amendment could be brought in to stabilize the application of this Article.

[[i]] Ronald Dworkin, The Jurisprudence of Richard Nixon (1972 N.Y. Rev. Books) reprinted in

Ronald Dworkin “Constitutional Cases” Taking Rights Seriously, Harvard University Press, Cambridge, Mass 1997. 131.

Archit Sinha is a 2nd-year student at the National School of India University, Bangalore (B.A. LL.B).

This article has been co-edited and coordinated by Sukrut Khandekar, Anushree Verma & Suhani Paruvelly from our student editorial team.

Image Credit: Hanna Barczyk. You can find their illustrations  here . 

Join the discussion Cancel reply

Save my name, email, and website in this browser for the next time I comment.

Notify me of follow-up comments by email.

Notify me of new posts by email.

This site uses Akismet to reduce spam. Learn how your comment data is processed .

[…] Posted byAvani Vijay […]

Further reading

Interpreting the Article 370 Judgment: A Plea for Nuance

In the realm of legal and political discourse surrounding the Indian Supreme Court’s judgment on the abrogation of Article 370, the prevailing narrative often succumbs to the dichotomy of the...

Re-Visiting Simpliciter Termination: Protecting the Legitimate Expectation of Probationers

Summary: This piece argues that the distinction between simpliciter and punitive termination of a probationer without granting any reasonable opportunity of hearing before termination for the former...

Redrawing Representation in the Contemporary Political Puzzle: Analysing Delimitation in India

Summary: In this explainer, we explore the intricacies of delimitation in India, in light of the upcoming 2026 census exercise. The question has gotten more complex with the expansion of reserved...

Legislative Privileges and Bribery: What did the SC say?

This post is part of a series on constitutional and political questions relevant to contemporary times written by Sughosh Joshi, who is working on civic education and engagement. Sughosh also...

“Gender Neutral” Interpretations?: The Hindu Succession Act’s Tryst with Hierarchical Sexualities

Summary: This piece by Tarun Natarajan analyzes the judgment of Supriyo@ Supriya Chakraborty & Anr v Union of India from an inheritance law perspective, while providing suggestions in order...

Want(s) over Can(s)?: Irreversible Changes and Article 370

Summary: This piece criticizes the Supreme Court’s decision supporting the abrogation of Article 370, arguing that it undermines federalism. The Supreme Court (“SC”) handed down a...

Newsletter Sign Up

Email Address

Your browser is outdated, it may not render this page properly, please upgrade .

Bhasin v. Union of India

Closed Mixed Outcome

• Key details

Key Details

• Mode of Expression Electronic / Internet-based Communication
• Date of Decision January 10, 2020
• Outcome Declaratory Relief
• Case Number Writ Petition (Civil) No. 1031/2019
• Region & Country India, Asia and Asia Pacific
• Judicial Body Supreme (court of final appeal)
• Type of Law Criminal Law
• Themes Access to Public Information, Internet Shutdowns, National Security
• Tags Public Order

Content Attribution Policy

Global Freedom of Expression is an academic initiative and therefore, we encourage you to share and republish excerpts of our content so long as they are not used for commercial purposes and you respect the following policy:

• Attribute Columbia Global Freedom of Expression as the source.
• Link to the original URL of the specific case analysis, publication, update, blog or landing page of the down loadable content you are referencing.

Attribution, copyright, and license information for media used by Global Freedom of Expression is available on our Credits page.

This case is available in additional languages:     View in: Français     View in: العربية

Case Analysis

Case summary and outcome.

The Supreme Court of India ruled that an indefinite suspension of internet services would be illegal under Indian law and that orders for internet shutdown must satisfy the tests of necessity and proportionality. The case concerned the internet and movement restrictions imposed in the Jammu and Kashmir region in India on August 4, 2019, in the name of protecting public order. In the end, however, the Court did not lift the internet restrictions and instead, it directed the government to review the shutdown orders against the tests outlined in its judgment and lift those that were not necessary or did not have a temporal limit. The Court reiterated that freedom of expression online enjoyed Constitutional protection, but could be restricted in the name of national security. The Court held that though the Government was empowered to impose a complete internet shutdown, any order(s) imposing such restrictions had to be made public and was subject to judicial review.

Jammu and Kashmir is an Indian territory bordering Pakistan that has been the subject of a decades-long dispute between the two countries. Under Article 370 of the Indian Constitution, the territory enjoyed special status, had its own Constitution and Indian citizens from other states were not allowed to purchase land or property there. On August 5, 2019, the Indian Government issued Constitution (Application to Jammu and Kashmir) Order, 2019 , which stripped Jammu and Kashmir of its special status that it had enjoyed since 1954 and made it fully subservient to all provisions of the Constitution of India.

In the days leading up to this Constitutional Order, the Indian government began imposing restrictions on online communication and freedom of movement. On August 2, the Civil Secretariat, Home Department, Government of Jammu and Kashmir, advised tourists and Amarnath Yatra pilgrims to leave the Jammu and Kashmir area in India. Subsequently, schools and offices were ordered to remain closed until further notice. On August 4, 2019, mobile phone networks, internet services, landline connectivity were all shutdown in the region. The District Magistrates imposed additional restrictions on freedoms of movement and public assembly citing authority to do so under Section 144 of the Criminal Penal Code.

The internet shutdown and movement restrictions (hereafter “restrictions”) limited the ability of journalists to travel and to publish and accordingly were challenged in court for their violations of Article 19 of India’s Constitution which guarantees the right to freedom of expression. In this context, the Supreme Court of India reviewed the following petitions challenging the legality of the internet shutdown and movement restrictions:

• the petition was brought by Ms. Anuradha Bhasin, the editor of the Kashmir Times Srinagar Edition. She argued the internet is essential for the modern press and that by shutting it down, the authorities forced the print media to come to “a grinding halt.” Because of this she had been unable to publish her newspaper since August 6, 2019. She also argued that the government failed to consider whether the internet shutdown was reasonable and proportionate to the aims it pursued. She argued that the restrictions were passed in the belief that there would be “a danger to law and order. However, public order is not the same as law and order and neither were at risk when the order was passed.”
• an Intervenor in the matter argued that by giving the State carte blanche to restrict fundamental rights in the name of national security and terrorism prevention would allow the State to impose broad restrictions on fundamental rights in varied situations. Further, the restrictions censored the discussion of the passage of the Constitutional Amendment stripping Jammu and Kashmir of special status by the persons living there. Lastly, the restrictions were supposedly temporary in nature, but lasted over 100 days.
• another Intervenor in this matter argued that the State failed to prove the necessity of the restrictions. “The people have a right to speak their view, whether good, bad or ugly, and the State must prove that it was necessary to restrict the same.” Further, the petitioner argued that the restriction was not proportionate. The State had to consider the effect of the restrictions on fundamental rights, which did not occur here. “it is not just the legal and physical restrictions that must be looked at, but also the fear that these sorts of restrictions engender in the minds of the populace, while looking at the proportionality of measures.”
• the petitioner Mr. Ghulam Nabi Azad (a Member of Parliament belonging to the largest opposition party in India’s upper house) argued that restrictions must be based on objective reasons and not merely on conjectures. Moreover, the official orders must not be kept secret by the State. The state of emergency used by the authorities to justify the restrictions could be declared only in light of an “internal disturbance” or “external aggression” under Article 356 of the Constitution, neither of which occurred. Further, the petitioner argued that restrictions on movement must be specific in scope, targeting those who may disturb the peace, and cannot be applied broadly against the public in general. When imposing restrictions, the State must choose the least restrictive measures and balance the safety of people with the lawful exercise of their fundamental rights, which did not occur here. Concerning the internet shutdown, the petitioner argued that internet restrictions did not merely affect freedom of expression but also the right to trade as well as the ability of political representatives to communicate with their constituents.
• the petition was withdrawn at some state, but the court noted that it argued that the restrictions caused broad harm even to regular and law-abiding citizens. India’s Attorney General and Solicitor General defended the restrictions.

The Attorney General argued that the restrictions were a measure to prevent terrorist acts and were justified considering the history of cross border terrorism and internal militancy that had long plagued the State of Jammu and Kashmir. The Attorney General recalled that similar steps had been taken in the past, for example, in 2016 after a terrorist had been killed there.

The Solicitor General reiterated the historical necessity argument and noted that a State’s first and foremost duty is to ensure security and protect the citizens’ lives. He also argued that the facts laid down by the petitioners were false and exaggerated the effects of the restrictions. Particularly, he noted that individual movement had never been restricted, that restrictions were imposed only in certain areas and were relaxed soon after, and that all newspapers, television and radio channels were functioning.

Further, the Solicitor General argued that even before the Constitutional Order for abrogating Article 370 had been issued, the issue was a subject of speculation in Jammu and Kashmir, including provocative speeches and messages. Accordingly, government officers on the ground decided that the restrictions were necessary, and courts have limited jurisdiction to question their judgment since issues of national security were at stake.

Specifically, concerning the communications and internet shutdown, the Solicitor General submitted that the internet was never restricted in the Jammu and Ladakh regions. He added that social media, which allowed people to send messages and communicate with a number of people at the same time, could be used as a means to incite violence. According to him, the internet allowed for the transmission of false news or fake images, which were then used to spread violence. Further, he claimed that the “dark web” allowed individuals to purchase weapons and illegal substances easily.

The Solicitor General rejected the argument that free speech standards as they related to newspapers applied to the internet on the grounds that their differences were too great. He explained that while newspapers only allowed one-way communication, the internet made it possible to communicate in both directions, making dissemination of messages very simple. He concluded that it was not possible to ban only certain websites or parts of the Internet while allowing access to other parts, as the government learned in 2017.

Decision Overview

The Supreme Court began by stating that in light of the facts of the present case, the objective of the Court was to “to strike a balance between the liberty and security concerns so that the right to life is secured and enjoyed in the best possible manner,” and leave the “propriety” of the orders at issue for “democratic forces to act on.” [para. 1]

The Court then identified five issues from the arguments presented by the petitioners and the government:

• Whether the Government can claim exemption from producing all of the restriction orders?
• Whether freedom of speech and expression and freedom to practice any profession, or to carry on any occupation, trade or business over the Internet is a part of the fundamental rights protected by Article 19(1)(a) and Article 19(1)(g) of the Constitution?
• Whether the Government’s action of prohibiting internet access is valid?
• Whether the imposition of movement restrictions under Section 144 of the Code of Criminal Procedure was valid?
• Whether the freedom of the press of the Petitioner in W.P. (C) No. 1031 of 2019 was violated due to the restrictions?

The five issues above were analyzed by the Court in four sections:

• Whether the Government can claim exemption from producing all the orders for the restrictions?

The Court held that the State had to produce the orders imposing the restrictions. It began by noting the difficulty it had experienced in determining the legality of the restrictions when the authorities had refused to produce the orders imposing the said restrictions. Citing the precedent in Ram Jethmalani v. Union of India , (2011) 8 SCC 1, the Court explained that the State had an obligation to disclose information in order to satisfy the right to remedy as established in Article 32 of India’s Constitution. Furthermore, Article 19 of India’s Constitution had been interpreted to include the right to information as an important part of the right to freedom of speech and expression. The Court added, “a democracy, which is sworn to transparency and accountability, necessarily mandates the production of orders as it is the right of an individual to know.” [para. 15] These fundamental rights obliged the State to act responsibly in protecting them and prohibited the State from taking away these rights casually.The Court reiterated that no law should be passed in secret because of an anticipated danger to democracy that such acts may entail.  To make its point, the Court cited James Madison, “a popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy; or perhaps both. Knowledge will forever govern the ignorance and a people who mean to be their own governors must arm themselves with the power which knowledge gives.” [para. 16]The State was thus obliged to take proactive steps to make public any law restricting fundamental rights unless there was a countervailing public interest reason for secrecy. However, even in such cases, the Court would be the body to weigh the State’s privileges against the right to information and decide what portions of the order could be hidden or redacted. In the present case, the State initially claimed privilege, but then dropped the claim and released some of the orders, explaining that all could not be released because of unspecified difficulties. For the Court, such justification was not a valid ground.

2. Did the restrictions affect freedom of movement, freedom of speech and expression and right to free trade and vocation?

First, the Court reiterated that freedom of expression guaranteed under Article 19 of India’s Constitution extended to the internet. The Court recalled its extensive jurisprudence that extended protections to new mediums for expression. In Indian Express v. Union of India , (1985) 1 SCC 641, the Supreme Court ruled that freedom of expression protects the freedom of print medium. In Odyssey Communications Pvt. Ltd. v. Lokvidayan Sanghatana , (1988) 3 SCC 410, it was held that the right of citizens to screen films was a part of the fundamental right of freedom of expression. Online expression has become one of the major means of information diffusion, and accordingly it was integral to the enjoyment of freedom of speech and expression guaranteed by Article 19(1)(a) , but also could also be restricted under Article 19(2) of the Constitution.

Accordingly, the Internet also plays a very important role in trade and commerce, and some businesses were completely dependent on the internet. Therefore the freedom of trade and commerce by using the internet was also constitutionally protected under Article 19(1)(g ), subject to the restrictions provided under Article 19(6). The Court, however, did not go as far as to declare the right to access the internet as a fundamental right because none of the parties to the case made that argument.The Court then discussed whether freedom of expression could be restricted and to what extent. India’s Constitution allows the Government to restrict freedom of expression under Article 19(2) as long as the restrictions were prescribed by law, were reasonable, and were imposed for a legitimate purpose. The Constitution lists an exhaustive list of reasonable restrictions that include “interests of the sovereignty, integrity, security, friendly relations with the foreign States, public order, decency or morality or contempt of Court, defamation or incitement to an offence.” [para. 31] By reviewing its jurisprudence concerning the application of Article 19(2), the Court concluded that restrictions on free speech and expression could impose complete prohibitions. In such cases, the complete prohibition should not excessively burden free speech and the government has to explain why lesser alternatives would be inadequate. Lastly, whether a restriction amounts to a complete prohibition is a question of fact to be determined by the Court on the circumstances of each case.

The Court then turned to the geopolitical context of the restrictions. It agreed with the Government that Jammu and Kashmir had long been plagued by terrorism. The Court noted that modern terrorists relied heavily on the internet, which allowed them to disseminate false information and propaganda, raise funds, and recruit others to their cause. Accordingly, the Indian authorities argued that the “war on terrorism” required imposition of the restrictions “so as to nip the problem of terrorism in the bud.” [para. 37] The Court noted that “the war on terror” was unlike territorial fights and transgressed into other forms affecting normal life, thus it could not be treated as a law and order situation.

The Court then reviewed the U.S. First Amendment and its jurisprudence from 1863 to the present day to conclude that speech which incites imminent violence is not protected. The Court highlighted that American leaders and the judiciary repeatedly restricted freedom of expression in the name of national security. The first of these cases was from 1863, Vallandigham, (Vallandigham 28 F. Cas. 874 (1863), when Mr. Vallandigham was found guilty and imprisoned during the American Civil War for publicly calling it “‘wicked, cruel and unnecessary.” In Abrams v. United States ,  250 U.S. 616 (1919), Justice Holmes wrote that the power to the United States government can punish speech that produces or is intended to produce a clear and imminent danger, and that this power “undoubtedly is greater in time of war than in time of peace, because war opens dangers that do not exist at other times.” [para. 40] In Dennis v. United States , 341 US 494 (1951), the US Supreme Court held that the “societal value of speech must, on occasion, be subordinated to other values and considerations.” [para. 41] In Brandenburg v. Ohio , 395 US 444 (1969), the US Supreme Court held that the State can punish advocacy of unlawful conduct only if it intends to incite and is likely to incite “imminent lawless action.” Lastly, the Indian Court recalled that in the post 9/11 context, US Attorney General Ashcroft criticized those questioning the erosion of fundamental rights as the result of the war on terror. Specifically saying, “to those… who scare peace loving people with phantoms of lost liberty, my message is this: Your tactics only aid terrorists, for they erode our national unity and diminish our resolve. They give ammunition to America’s enemies…” [para. 44] The Court recalled that in the recent Modern Dental College & Research Centre v. State of Madhya Pradesh , (2016) 7 SCC 353 it found that no constitutional right can be claimed to be absolute considering the interconnectedness of all rights, and accordingly could be restricted. In that judgment, the Court also found that when there are tensions between fundamental rights, they must be balanced against each other so that “they harmoniously coexist with each other.” [para. 55]

Just as the First Amendment, the Indian Constitution allows the Government to restrict freedom of expression, but per the Indian Constitution such restrictions must be proportionate. The Court stressed that the standard of proportionality was key to ensuring that a right is not restricted beyond what is necessary. That said, the Court expressed caution at balancing national security with liberty and rejected the notion that a government should be prohibited from achieving a public good at the cost of fundamental rights. With this in mind, the Court defined proportionality as the question of whether “regulating exercise of fundamental rights, the appropriate or least ­restrictive choice of measures has been made by the legislature or the administrator so as to achieve the object of the legislation or the purpose of the administrative order, as the case maybe.” [para. 53] The Supreme Court then proceeded to conduct an extensive comparative review of proportionality tests used by Indian, German and Canadian Courts. It found that while there was agreement that proportionality was the key tool to achieve judicial balance when resolving questions of restrictions on fundamental rights, there was no agreement that proportionality and balancing were equivalent. The Court then outlined its understanding of the test of proportionality:

• The goal of the restriction must be legitimate.
• The restriction must be necessary.
• The authorities must consider if alternative measures to the restriction exist.
• The least restrictive measure must be taken.
• The restriction must be open to judicial review.

The Court added that the “degree of restriction and the scope of the same, both territorially and temporally, must stand in relation to what is actually necessary to combat an emergent situation… The concept of proportionality requires a restriction to be tailored in accordance with the territorial extent of the restriction, the stage of emergency, nature of urgency, duration of such restrictive measure and nature of such restriction.” [para. 71]

3. The legality of the Internet Shutdown

Having laid out the principles of proportionality and reasonable restrictions, the Court turned to assessing the restriction imposed on freedom of speech online. It outright rejected the State’s justification for a total ban on the internet because it lacked the technology to selectively block internet services as accepting such logic would have given the State green light to completely ban internet access every time. However, the Court conceded that there was “ample merit in the contention of the Government that the internet could be used to propagate terrorism thereby challenging the sovereignty and integrity of India” and thus it had to determine the extent to which the restriction burdened free speech.  [para. 76]

The Court highlighted that it had to consider both procedural and substantive elements to determine the Constitutional legality of the internet shutdown. The procedural mechanism has two components. First, there is the contractual component between Internet Service Providers and the Government. Second, there is the statutory component as enshrined under the Information Technology Act , 2000, the Code of Criminal Procedure , 1973 and the Telegraph Act . In its analysis, the Court focused largely on the latter as it directly applied to the case at hand.

The Suspension Rules under Section 7 of the Telegraph Act were passed in 2017 and allowed the government to restrict telecom services, including access to the internet, subject to certain safeguards. These safeguards were that first, the suspension orders may be issued only by the Secretary to the Government of India in the Ministry of Home Affairs or by the Secretary to the State Government in charge of the Home Department. In unavoidable circumstances another official not below the rank of a Joint Secretary to the Government of India may issue the orders provided that the competent authority approves the orders within 24 hours of its issuance. Without approval the suspension must be lifted within 24 hours. The orders must include reasons for the suspension and its copy must be sent to a Review Committee consisting of senior State officials. The reasons should not only explain the necessity of the suspension but also the “unavoidable” circumstance which necessitated the order.

Furthermore Section 5(2) of the Telegraph Act permitted suspension orders only in a situation of public emergency or in the interest of public safety. The Court thus found that to issue a suspension order, the Government first had to determine that a public, and not any kind of other, emergency existed. “Although the phrase “public emergency” has not been defined under the Telegraph Act , it has been clarified that the meaning of the phrase can be inferred from its usage in conjunction with the phrase “in the interest of public safety” following it.” [para. 92]

The Supreme Court noted that the definition of an emergency varies. For example, “ Article 4 of the International Covenant on Civil and Political Rights, notes that ‘[I]n time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed…’. Comparable language has also been used in Article 15 of the European Convention on Human Rights which says­ “In time of war or other public emergency threatening the life of the nation”. We may only point out that the ‘public emergency’ is required to be of serious nature, and needs to be determined on a case to case basis.” [para. 93]

Although the Suspension Rules do not provide for publication or notification of the orders, the Court noted that public availability of a government order is a settled principle of law and of natural justice, particularly if an order affects lives, liberty and property of people. The Court reiterated that Article 226 of India’s Constitution grants an aggrieved person the constitutional right to challenge suspension orders.

Finding it necessary, the Court once again reiterated that “complete broad suspension of telecom services, be it the Internet or otherwise, being a drastic measure, must be considered by the State only if ‘necessary’ and ‘unavoidable’. In furtherance of the same, the State must assess the existence of an alternate less intrusive remedy.” [para. 99]

The Court noted that the Suspension Rules do not indicate the maximum duration of a suspension order. Nonetheless, considering the principle of proportionality, the Court opined that indefinite suspension is impermissible. Since the Suspension Rules were silent on the length of a permissible shutdown, the Court found that it was up to the Review Committee to determine its duration and to ensure that it would not extend beyond a period which was necessary.

The State submitted eight orders to the Court. Four were passed by the Inspector General of the Police and the other four by the government of Jammu and Kashmir. The Solicitor General explained that the authorities relaxed some restrictions but were continuously appraising the situation on the ground. The Court conceded that the danger to public safety could not be ignored, but noted that any new restrictions would have to be imposed on the basis of a new order. Since the Court could not view all orders to understand which were no longer in effect and could not assess the public order situation, it “moulded the relief in the operative portion.” [para. 102]

4. Restrictions Under Section 144 of the Code of Criminal Procedure Code

The Petitioners argued that to justify restrictions under Section 144 of the Cr.P.C, the State had to prove that there “would be an action which will likely create obstruction, annoyance or injury to any person or will likely cause disturbance of the public tranquility, and the Government could not have passed such orders in anticipation or on the basis of a mere apprehension.” [ para. 103] The State argued that “the volatile history, overwhelming material available even in the public domain about external aggression, nefarious secessionist activities and the provocative statements given by political leaders, created a compelling situation which mandated passing of orders under Section 144.” [ para. 104]

The Court noted that Section 144 is one of the mechanisms that enable the State to maintain public peace and it could be invoked in urgent cases of nuisance or perceived danger. Thus, it allows the State to take preventive measures to deal with imminent threats to public peace. The Section contains several safeguards to prevent its abuse, including an assessment by a magistrate to conclude that there were sufficient grounds for restrictions under the section, identification of a person(s) whose rights may be restricted, and determining the length of the restriction.

Judicial precedent established that restrictions under Section 144 cannot be imposed merely because there was likelihood or tendency of danger, but only to immediately prevent specific acts that may lead to danger. The restriction could be imposed on an entire area if it contains groups of people disturbing public order. Indefinite restrictions under Section 144 are unconstitutional. Orders passed under Section 144 were executive orders subject to judicial review under Article 226 of the Constitution. The State cannot impose repetitive orders, which would be an abuse of power.

The Petitioners also argued that maintaining “law and order” would warrant a narrower set of restrictions than “public order,” under Section 144. The Supreme Court agreed that the notions of “public order” and “law and order” differed, with the latter being the broadest. The Court described the differences as concentric circles with law and order representing the largest circle “within which is the next circle representing public order and the smallest circle represents security of State.” [para. 120] Allowing the imposition of restrictions to protect law and order would thus broaden the authority of the government to impose restrictions. Further, not all disturbances of law and order undermined public order.

The Court, however, agreed that there may be times when it is impossible to distinguish between the individuals who may break public order and those who do not pose a threat. “A general order is thus justified but if the action is too general, the order may be questioned by appropriate remedies for which there is ample provision in the law.” [para, 124]

Nevertheless, the Court noted that “orders passed under Section 144 , Cr.P.C . have direct consequences upon the fundamental rights of the public in general. Such a power, if used in a casual and cavalier manner, would result in severe illegality.” [para. 129] Thus, it is imperative to indicate the material facts necessitating the passing of such orders.  The Court conceded that the State is best placed to assess threats to public order, but it had to exhibit the material facts to justify an order under Section 144 to enable judicial scrutiny and verification of the order’s legitimacy. A key consideration is the perceived imminence of the threat and whether invoking Section 144 was the proper remedy to prevent potential harm. Magistrates must balance the the right and restriction on the one hand against the right and duty on the other, and any restrictions must be proportionate, i.e. “never allowed to be excessive either in nature or in time.” [para. 39] Further, “[o]rders passed mechanically or in a cryptic manner cannot be said to be orders passed in accordance with law.” [para. 134]

Although the restrictions may have been removed, the Court stated that it cannot ignore noncompliance with the law in this case, as the issue at hand is not just about what happened in Jammu and Kashmir but also about imposing a check on the State. The Court reiterated that a government must follow the law if it feels that there is a threat to public order.

Thus, the Court concluded that the power under Section 144 could be exercised “not only where there exists present danger, but also when there is an apprehension of danger. However, the danger contemplated should be in the nature of an ‘emergency’ and for the purpose of preventing obstruction and annoyance or injury to any person lawfully employed.” [para. 140] The power cannot be used to suppress legitimate expression and should be used only in the presence of material facts justifying its application.

5. Freedom of the Press

The Court rejected the Petitioners’ arguments that the restrictions on movement and communication imposed in Jammu and Kashmir directly curtailed freedom of the press and journalists’ ability to perform their professional duties. The Court began by highlighting the importance of freedom of the press. It recalled that as early as in 1914, the freedom of the press had been recognized in India. In Channing Arnold v. The Emperor , (1914) 16 Bom LR 544, the Privy Council stated that: “the freedom of the journalist is an ordinary part of the freedom of the subject and to whatever length, the subject in general may go, so also may the journalist, but apart from the statute law his privilege is no other and no higher. The range of his assertions, his criticisms or his comments is as wide as, and no wider than that of any other subject.” [para. 142] It was thus not doubted that the freedom of the press is a valuable and sacred right protected by the Indian Constitution.

The Court interpreted the Petitioners to claim that the imposed restrictions did not necessarily have a direct but rather an indirect as well as a chilling effect on their freedom of expression. However, the Court found that the Petitioners failed to offer evidence that the restrictions restricted the publishing of newspapers in Jammu and Kashmir or to challenge the State’s argument that newspapers were published and distributed during the communication and movement lockdown. “In view of these facts, and considering that the aforesaid Petitioner has now resumed publication, we do not deem it fit to indulge more in the issue other than to state that responsible Governments are required to respect the freedom of the press at all times. Journalists are to be accommodated in reporting and there is no justification for allowing a sword of Damocles to hang over the press indefinitely.” [para. 151]

Conclusions

Based on the above the Court found that:

• Freedom of expression and the freedom to practice any profession online was protected by India’s Constitution
• Although the Government could suspend the Internet, the government had to prove necessity and impose a temporal limit, which it failed to do in this case. Thus, the government had to review its suspension orders and lift those that were not necessary or did not have a temporal limit.
• Restrictions under Section 144 of the Code of Criminal Procedure could not be used to suppress legitimate expression and are subject to judicial scrutiny. The Court thus ordered the State to review its restrictions.

Decision Direction

Decision Direction indicates whether the decision expands or contracts expression based on an analysis of the case.

Mixed Outcome

Although the Court did not go as far as to lift the restriction on internet and movement, its judgment still expanded freedom of expression by reiterating that internet access was integral to freedom of expression and could not be restricted indefinitely even in the name of national security. The Court thoroughly outlined the principles and tests to strike a balance between fundamental rights and national security. Just as importantly, the Court stressed that orders that impact fundamental rights such as freedom of expression cannot be passed arbitrarily and in secret, but must be available to the public and subject to judicial scrutiny.

The Internet Freedom Foundation (IFF) has listed a range of negative aspects of the ruling , namely that the “Court has allowed the State to get away with frustrating the fundamental right to judicial review by unjustifiably witholding orders,” those that have suffered losses under the shutdown have no recourse or remedy, and under specific circumstances, a complete prohibition of speech could be considered as “reasonable.” Of particular note, the Court rejected the argument that journalists’ freedom of the press had been curtailed. As IFF wrote, “[t]he direct and inevitable consequence of disabling telecom services and physically stopping journalists from entering certain areas is violation of press freedom and it cannot be characterized solely as a chilling effect.”

Global Perspective

Global Perspective demonstrates how the court’s decision was influenced by standards from one or many regions.

Table of Authorities

Related international and/or regional laws.

• ICCPR, art. 4
• ECHR, art. 15.

National standards, law or jurisprudence

• India, Constitution of India (1949), art. 19.
• India, Code of Criminal Procedure, sec. 144
• India, Indian Telegraph Act of 1885, sec. 5.
• India, Ram Jethmalani & Ors. v. Union of India, (2011) 8 SCC 1
• India, Indian Express Newspapers (Bombay) Private Ltd. v. Union of India, (1985) 2 S.C.R. 287
• India, Odyssey Communications Ltd. v. Lokvidayan Sanghatana, 3 SCC 410 (1988)
• India, Modern Dental College & Research Centre v. State of Madhya Pradesh (2016), 7 SCC 353.
• India, Channing Arnold v. The Emperor, (1914) 16 Bom LR 544.

Other national standards, law or jurisprudence

• U.S., Dennis v. United States, 341 U.S. 494 (1951)
• U.S., Abrams v. United States, 250 U.S. 616 (1919)
• U.S., Brandenburg v. Ohio, 395 U.S. 444 (1969)
• U.S., Ex parte Vallandigham, 28 F. Cas. 874.

Case Significance

Case significance refers to how influential the case is and how its significance changes over time.

The decision establishes a binding or persuasive precedent within its jurisdiction.

The decision was given by a three-judge bench of the Indian Supreme Court. Therefore, it establishes a binding precedent on all Courts within its jurisdiction, unless overruled by a larger bench of the Supreme Court.

The decision was cited in:

Foundation for media professionals v. union territory of jammu and kashmir & anr..

• T. Ganesh v. Union of India
• Navalakha v. Union of India
• Manohar v. Union of India
• Ashlesh Biradar v. State of West Bengal
• Raju Prosad Sarma v. State of Assam
• Unwanted Witness-Uganda v. Attorney General
• Software Freedom Law Center, India v. State of Arunachal Pradesh & Ors
• A Lakshminarayanan v. Assistant General Manager HRM
• Software Freedom Law Center, India v. State of Jharkhand

Official Case Documents

Reports, analysis, and news articles:.

• The Guardian, India supreme court orders review of Kashmir internet shutdown https://www.theguardian.com/world/2020/jan/10/kashmir-blackout-indias-supreme-court-orders-delhi-to-review-internet-shutdown
• India’s Supreme Court Orders a Review of Internet Shutdown in Kashmir. But For Now, It Continues https://time.com/5762751/internet-kashmir-supreme-court/
• Sflc.in, SC judgment – Safeguards for shutdown, limited relief for Kashmir https://sflc.in/sc-judgment-safeguards-shutdown-limited-relief-kashmir
• TechCrunch, India’s top court rules indefinite internet shutdown in Kashmir unwarranted and amounts to abuse of power https://techcrunch.com/2020/01/10/internet-shutdown-supreme-court-india-kashmir/
• Media Nama, The devil’s in the (future) detail: The Supreme Court’s internet shutdown judgment https://time.com/5762751/internet-kashmir-supreme-court/
• Internet Freedom Foundation, SC's Kashmir communication shutdown judgement is just the beginning of a long uphill campaign https://internetfreedom.in/scs-judgement-on-kashmir-communication-is-just-the-beginning/
• Why SC order on Internet goes beyond J&K, opens window for challenges and judicial reviews https://indianexpress.com/article/explained/jammu-and-kashmir-internet-shutdown-curbs-supreme-court-6210725/
• SC order on internet lockdown in J&K makes right noises but leaves matters of relief to the future https://indianexpress.com/article/opinion/columns/jammu-and-kashmir-internet-shutdown-supreme-court-article-370-6210489/
• As 2G returns to Kashmir after 5 months, these are some strong arguments against internet shutdowns in the future https://www.businessinsider.in/india/news/as-2g-returns-to-kashmir-after-5-months-these-are-some-strong-arguments-against-internet-shutdowns-in-the-future/articleshow/73266751.cms

Attachments:

Have comments.

Let us know if you notice errors or if the case analysis needs revision.

Send Feedback

Related Posts

Access to public information, content regulation / censorship, internet shutdowns, national security.

June 25, 2020

Amnesty International Togo and Ors v. The Togolese Republic

Public safety

Access to Public Information, Internet Shutdowns, National Security

May 11, 2020

Related News

Digital rights, access to public information, content regulation / censorship, freedom of association and assembly / protests, hate speech, national security, privacy, data protection and retention.

March 16, 2021

Jurisprudence Relating to COVID-19

Digital rights, press freedom, access to public information, freedom of association and assembly / protests, national security, political expression.

August 23, 2021

IFEX Regional Spotlights

• Submit Article for Publication

Analysis of Article 17 of the Indian Constitution

Published by rima mondal on 10/10/2021, introduction:, meaning of untouchability, objects of article 17, punishment for practising untouchability, salient features of the protection of civil rights act, acts or omissions regarded as offences under civil rights act, references:.

Before 1947, in British India, our Indian society was full of orthodoxy which led to severe problems in the society which we can see even at the present time. Society was divided into higher-class people and backward class. People belonging to such backward classes were deprived of their basic rights. Even it has been practiced till now. ‘Dalits’ are still being regarded as cursed and their fundamental rights have been violated since an old time. We often hear news about higher castes refusing Dalits to enter into temples. So, we need to know the rights especially given to the backward classes for their protection and improvement in society. 

The Indian Constitution was adopted on 26 th November 1949 and it was enforced on 26 th January 1950.  At that time, the Indian constitution consisted of 395 Articles, 22 Parts, and 8 Schedules. At present, there are 448 Articles, 25 Parts, and 12 Schedules in the Constitution of India.

Part III of the Indian Constitution talks about the Fundamental Rights given to the citizens of India. Article 12 to 35 contains all these Fundamental Rights of the citizens. Article 14 to 18 gives us the right to equality which means no person shall be discriminated against on the ground of caste, sex, religion, race, and place of birth.

“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offense punishable in accordance with the law.

The word “untouchability” has not been defined either in the Constitution or in the Act, because it is not capable of any precise definition. In State of Karnataka v. Appa Balu Ingale [1] , it was held that abolition of untouchability in itself is complete and its effect is all-pervading applicable to state action as well as acts or omissions by individuals, institutions, a juristic body of persons.

Rajasthan High Court in the case of Jai Singh v. Union of India [2]  and Madras High Court in the case of Devarajiah v. B. Padmanna [3] stated that the word “untouchability” in Article 17 is used in inverted commas, which means we cannot make any literal or grammatical interpretation of this word rather we will define its meaning through its historical development or practices. Thus, “Untouchability” in Article 17 means caste-based discrimination.

The word “untouchability” gives us a social picture of discrimination against persons belonging to backward classes. Such persons were considered by the higher castes as “untouchables” which means even their physical touch is cursed. Even these persons were not allowed to sit with the so called higher castes, they were refused to use or consume water from the same pond or river where others used to come. 

• Article 17 strictly forbids “untouchability”;
• Even after being forbidden by the Statute, if any person practices or preaches “untouchability”, then the person will be punished as per law.

Article 17 of the Constitution has a significant relation with Article 35. All the punishments prescribed in part III [Article 12 to 35] of the Constitution, are made through Article 35.

As a consequence, the parliament passed Untouchability (Offences) Act in 1955 . But later it was observed that the punishments provided in this Act were not adequate. In 1965, a Committee on Untouchability, Economic and Educational Development of Scheduled Caste was created to make changes to the Act. Later on, in 1976, the Untouchability (Offences) Act was amended to fulfill the recommendations of the Committee and it was renamed as the Protection of Civil Rights Act, 1955.

Parliament has also enacted the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 . The objects of this Act are:

• To prevention the commission of atrocities against the members of the Scheduled Castes and Scheduled Tribes;
• To provide for the creation of Special Courts for the trial of offenses under this Act;
• To provide relief and rehabilitation of victims of such offenses and atrocities.

Specifically, the Directive Principles as stated in Articles 38 and 46, compel the State to provide socio-economic and political justice to Dalits and to improve the quality of their lives. “The abolition of untouchability is the arch of the Constitution to make the Preamble of the constitution meaningful and to integrate the Dalits in the national mainstream [4] .”     

• The punishments provided in the Protection of Civil rights Act, 1955 were enhanced.
• All the offenses were made as ‘Non-Compoundable’ offenses.
• According to this Act, it is the duty of the public servant to investigate the offenses relating to any matter under this Act. If any public servant voluntarily refuses to perform his duty, he will also be held liable as per law because this Act imposed some duties upon him to perform.
• If untouchability is practiced or justified in any place of worship, then also it will be held as an offense punishable under this Act.
• The State Governments of India are given the power to prescribe collective fines or punishment to any group of people who are practicing or preaching untouchability.

The following acts are regarded as offenses:

• To restrain any person from entering any premises of worship or restrain him from worshipping therein;
• To refuse to admit a person in the hospital, educational institution, or hostels established for public benefit;
• To preach or spread untouchability directly or indirectly;
• To support or justify untouchability on religious grounds or any other grounds;
• To refuse any kind of service which a person is entitled to get.
• In People’s Union for Democratic Rights v. Union of India [5] , it was held that the protections which are given under Article 15(2) and 17, are available not only against the State but also against any private individuals.
• In the case of State of Karnataka v. Appa Balu Ingale [6] , the Supreme Court held that the main objective of Article 17 is to end all the disabilities, restrictions, prohibitions imposed upon any person on the ground of religion or caste.
• In the Indian Young Lawyers Association and Others v. The State of Kerala [7] , it was observed that Article 17 includes untouchability based on social factors and it is wide enough to cover menstrual discrimination. Untouchability in Article 17 open-textured was to abolish all practices based on the notion of purity and pollution. This Article prescribes untouchability in any form is prohibited which resultantly leads to violation of this Article.
• Rehabilitation will be given to all the manual scavengers;
• The children of manual scavengers are entitled to get scholarships;
• One member of their family should be given skill training;
• If any sewer dies, his family will be provided with compensation of 10 lakh rupees.

To conclude this topic in a nutshell we can see that the Legislature, as well as the Government, has taken so many measures to curb the practice of untouchability in our society. But we have to remember that only giving punishment to the offender is not adequate, we all should be well aware of these orthodox practices and also, we should change our way of thinking as well as mentality. If we see any person being deprived because of untouchability, we should assist them and educate them about the laws through which he or she can get proper justice. Only we as a part of society can bring the change.

[1] State of Karnataka v. Appa Balu Ingale, AIR 1993 SC 1126

[2] Jai Singh v. Union of India & Ors, 1997 AIR 898

[3] Devarajiah v. B. Padmanna, AIR 1961 Mad 35, 39

[4] K Ramaswamy J in Appa Balu Ingale

[5] People’s Union for Democratic Rights v. Union of India, 1982 AIR 1473

[6] State of Karnataka v. Appa Balu Ingale, AIR 1993 SC 1126

[7] Indian Young Lawyers Association & Ors. V. The State of Kerala & Ors. 2018

Share this:

Leave a reply cancel reply.

Your email address will not be published. Required fields are marked *

Save my name, email, and website in this browser for the next time I comment.

Related Posts

Constitutional Law

Termination of citizenship and dual citizenship.

The Constituent Assembly integrated a generalized provision through Article 11 for the Parliament to modulate the citizenship by law.

Laws Related to Hospitality Industry in India

The hospitality industry's demand in India is continuing to rise as a result of increased business and tourism business activity.

An Analysis of phrases ‘equality before law’ and ‘equal protection of law’ under Article 14

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

To join our WhatsApp community

Article 17 Of The Indian Constitution – Abolition Of Untouchability

Article 17 of the Indian Constitution prohibits untouchability and protects the rights of its victims. The fundamental right shall not be violated by the state. It gives equality of opportunity. This principle is recognized in the Peoples Union for Democratic Rights v UOI case. In the case, the court came to the conclusion that the state must prevent the violation and protect the rights of Indian citizens.

What Is Untouchability?

All about article 17 of the indian constitution, some practices treated as untouchability, laws to end untouchability, the untouchability offences act of 1955, the protection of civil liberties act 1976, the scheduled caste and scheduled tribe prevention of atrocities act, 1989, some significant judgements, the state of karnataka vs appa balu ingale, people’s union for democratic rights v. union of india, air 1982, safai karamchari andolan and ors. v. union of india, importance of article 17, is untouchability defined in the indian constitution, what is the protection of civil liberties act 1976, which part of the indian constitution mentions article 17, why is article 17 so essential, what steps did gandhiji take to abolish untouchability.

• The definition of Untouchability is that it is a social institution that legitimizes exploitation, discrimination, and humiliation. It is often a form of caste and is a system that excludes women and men from certain social classes. It can be a very divisive system. However, it does not have to be.
• Untouchability was originally a class system in which people of low status were categorized as “untouchable.” These people would work in fields such as farming, mining, and quarrying. They would also perform menial tasks, such as skinning dead animals, cleaning latrines, and unclogging sewers. It is against human dignity.
• Today, untouchability in any sense is illegal in India. The Protection of Civil Rights Act, of 1955, prohibits discrimination on the basis of untouchability in public places. It also prohibits discrimination in public hospitals.

Untouchability is outlawed, and any form of its application is prohibited. Any disability imposed as a result of “Untouchability” is illegal and will be an offence punishable accordingly.

• The Indian Constitution aims to eliminate untouchability.
• Under Article 17 of the Indian Constitution, untouchability is a form of discrimination in society. There should be a prohibition of discrimination against certain people. People from untouchable communities were not allowed to enter temples and were subjected to other restrictions. Several court judgments have confirmed the meaning of untouchability. Moreover, the law has also prohibited discrimination based on caste and faith.
• Article 17 of the Indian Constitution has made untouchability punishable. It has become an important article for social justice and equality before the law, as untouchability has no place in our society.

Some grounds of untouchability have been described as under:

• Directly or indirectly teaching or supporting untouchability.
• Disallowing people from praying at a place of public worship.
• To support or justify untouchability based on custom, and religion.
• Not allowing entry to any public place like stores, hotels, clubs, etc.
• Restricting the supply of public benefit services.
• To hurt the sentiments of a person from a scheduled caste because they are considered untouchables.
• Not to admit people to places of a public good.
• Refusing to sell something to others.

The following articles regarding Indian politics can help candidates prepare for the UPSC exam:

• This will be a criminal offense.
• No apologies are accepted.
• If proven, six months in prison or a fine of 500 rupees, or both, may be levied.
• A candidate will be disqualified from running in the state or Parliamentary elections if proven guilty.
• This act modified the 1955 Untouchability Offenses Statute.
• The Untouchability (Offenses) Act of 1955 underwent significant revision in 1976. The Protection of Civil Rights Act of 1955 came to be known as it. It aims to broaden the scope and make penal provisions more stringent.
• According to the statute, a civil right is any privilege that a person acquires as a result of untouchability being abolished under Article 17 of the Constitution.
• After charges were proven, the penalty was increased to two years in prison, a fine of Rs. 2000, or both.
• The untouchability practice in India is intended to be abolished by the Protection of Civil Liberties Act of 1976.
• The law forbids anybody from harassing, abusing, or disparaging an untouchable person.
• Discrimination is also prohibited in public spaces, including hospitals.
• The Act also carries a maximum two-year prison sentence for violations. A violator may also receive a fine and have their license suspended.
• Untouchability is defined in Article 17 of the Indian Constitution as the societal handicaps that were imposed on particular classes of people.
• Some works could be viewed as sacred and punished. The legal system also must include the right to equality.
• Its main objective is to increase oversight in order to prevent atrocities. Among other things, it seeks to accomplish this by acquiring approvals from upper castes.
• Provides victims with help, counseling, and re-establishment.
• A special court and police forces are created as a result.
• Police can also lend arms to people of the SC and ST communities. This could be helpful for their self-defense.

In this case, the respondents were sued because the plaintiff was forcibly denied access to the recently excavated borewell as he hailed to an untouchable group.

The respondent was testified against by four Harijans. In this situation, the stated goal of Article 17 was to rebuild the moral and ethical pillars that society had lost as a result of blindly adhering to ritualistic cultural beliefs. 

According to some, this will put Dalits on an equal footing with the general population.  Caste and religious discrimination ought to be outlawed.

In accordance with this Case, the State is required to intervene immediately if a private individual infringes the rights protected by Article 17.

The petitioners in this case asked the State Governments, Central Government, and Union Territories to implement the Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. It was done by filing a petition under Article 32.

In this case, the Court issued a number of directives, including:

• Providing rehabilitation for manual scavengers.
• There are scholarships available for scavengers’ offspring.
• Scavengers get one-time financial assistance.
• One person in every household needs to get skill training in order to earn a living.
• They demand additional legal assistance.
• Each death in a sewer gets compensated.

Untouchability toward lower castes is prohibited by Article 17 of the Indian Constitution. Laws prohibit being untouchable. The article is crucial for establishing equality in Indian society. This article states that anyone who disobeys its directives violates both the constitution’s and citizens’ rights.

Such actions and behaviors are prohibited and illegal under Article 17. It guarantees social justice by putting an end to untouchability. A man’s dignity is maintained through acting honorably and respectfully.

In Article 17, the nation’s democracy is reflected. Apparently, democracy aims toward social equality. Such legal and constitutional protections are essential for a democratic nation. The underprivileged require assurances that they won’t be subjected to the abhorrent and inhumane practice of untouchability.

Article 17 guarantees social justice as well as equality. In India, untouchability in any form is illegal and subject to legal sanctions. Furthermore, it is crucial that the notion of Untouchability not be taken literally. Untouchability should be understood from the perspective of Indian society, though.

No, the Indian Constitution does not define untouchability.

The Protection of Civil Rights Act, a revision of the Untouchability (Offenses) Act, was passed on September 2, 1976. To reduce untouchability, this Act contained harsher measures. Abetment was described as the willful disregard by investigative authorities of accusations of untouchability.

The abolition of untouchability was mentioned under Fundamental Rights. It has been included in Part III of the constitution of India.

Untouchability toward lower castes is prohibited by Article 17 of the Indian Constitution. It is illegal to be untouchable. For equality to be established in Indian society, this article is crucial. Anyone who disobeys its directives violates both the constitution’s and citizens’ rights, according to this article.

In an effort to eradicate the idea of “untouchability” from India’s caste system, Gandhi founded the Harijan Sevak Sangh in 1932. He supported practical plans for the Harijans’ development. The Harijan welfare principles were reiterated by him in his speeches at various public events.

Related Posts

67th Amendment of the Indian Constitution

Article 102 Of The Indian Constitution

Article 25 Of The Indian Constitution

Article 323 of the Indian Constitution

The Legal Lock

MAKING LAW SIMPLE!

ARTICLE 17: ABOLITION OF UNTOUCHABILITY IN INDIA

Indian Constitution establishes equality among all its citizens. Article 14 states that there should not be any discrimination among individuals on the basis of religion, race, caste, sex, and place of birth. The makers of the Constitution made such provisions to establish equality among individuals in society. Before independence, there were many malpractices in our society like Satipratha, Untouchability and etc. Dr. B. R. Ambedkar and other officials wanted that our country should be completely free from Untouchability so they made separate Article 17 to overcome this practice and achieve the goal of equality among individuals.

Article 17 abolishes Untouchability and its practice in any form. The practice of it will be considered an offense and will be punishable. The word Untouchability is defined nowhere in the Constitution. In the case of Jai Singh vs. Union of India and Devrajiah vs B. Padmana, Rajasthan High Court in the former and Madras High Court in the latter has defined the word Untouchability. In Article 17, the word Untouchability is written under inverted commas which means that the meaning of the word Untouchability should not be considered in its literal grammatical sense but should be understood by keeping the Indian society in mind. In Indian Society especially in Hindu Society, Untouchability is practiced for a long time. People were considered untouchables either because of their birth in a particular caste or community or because of their profession. In past, Shudras were considered untouchables. Article 17 constitutes an important part of the Right to Equality. It aims to establish social justice in society.

IMPORTANT LAWS MADE BY THE GOVERNMENT

To protect the fundamental rights of citizens and to eradicate the practice of Untouchability, the government has made laws by exercising its power mentioned under Article 35.

The Protection of Civil Rights Act, 1955

The government made the Untouchability (Offenses) Act, 1955, which was later amended and a new act was introduced The Protection of Civil Rights Act, 1955. This act provided many provisions to fight against Untouchability. This Act made provision of offenses against Untouchability being non-compoundable offenses. The law made it mandatory for a public servant to investigate every complaint. If he does not do his duty properly so he will be made a part of the abettor of the Act. Any preaching under this Act will be punishable.

Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989

This Act made provisions for the prevention of atrocities against the Schedule Caste and Schedule Tribe. This Act made provision for the establishment of Special Courts for deciding cases related to offenses under this Act. Section 18 of this Act makes offenses under this Act non-bailable.

The State of Karnataka v. Appa Balu Ingale

In this case, respondents were sued because they had forcibly restrained the complainant from taking water from the newly dug-up borewell because he belonged to the community which was considered untouchable. There was a testimony given against the respondent by 4 Harijans. It was said in this case that the purpose of Article 17 is to establish those ethical and moral roots which have been lost by society because of blind and ritualistic conformity to cultural values. It was said that it aims to create equality for the Dalits with the general population. There should be a ban on caste and faith grounds. There should be an abundance of resources.

State M.P. And Another v. Ram Krishna Balothia and Another

In this case, Apex Court held that Section 18 of the Scheduled Castes and Scheduled Tribes Act which makes offenses under this Act non-bailable offenses makes the Anticipatory bail provision not applicable to this Act.

Suhasini Baban Kate (Sou.) v. the State of Maharashtra

In this case, the complainant was thirty years old woman. Her credit has had no bad antecedents. She was a mother of three children the youngest one was one year old. The alleged occurrence occurred because of impulsive action and all of a sudden the alleged utterances were probably from the momentary rising in temper. She was detained for three years. As per the severity of the crime, it was considered unfair to bring her off to jail so she was released under the probation that has been served in the interests of justice, even if the mandatory term was of one month.

People’s Union for Democratic Rights v. Union of India, AIR 1982

In this Court, it was said that if the rights provided under Article 17 be violated by any private individual then it is the responsibility of the State to take immediate action in this regard. It should be ensured that poor SC and ST people should not come to Court just for enforcing fundamental rights.

Safai Karamchari Andolan and Ors. v. Union of India and Ors.

In this case, a writ was filed under Article 32 by the Petitioners praying for the enforcement of the Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 by the Central Government, State Governments, and Union Territories. In this case, there were various directions issued by the Court which are:

• Rehabilitation of all the manual scavengers.
• Provision of giving scholarships to the children of scavengers
• Providing one-time cash assistance to scavengers
• One member of each family should be provided skills training to earn a livelihood
• Other legal assistance needed by them
• Provision for compensation for every sewer death

PUNISHMENT FOR VIOLATION OF ARTICLE 17

The practice of Untouchability amounts to an offense and is punishable. There is a provision of punishment for six months of imprisonment or a fine of not more than Rs. 500.

The fight against Untouchability is very old and the makers of the Indian Constitution incorporated Article 17 to eradicate this malpractice from India. Mahatma Gandhi called the Untouchables ‘Harijans’ which means children of God. He worked for their liberation.

Leave a Reply

You must be logged in to post a comment.

Copyright © 2024 The Legal Lock

Design by ThemesDNA.com

• 214 Share on Instagram
• 199 Share on Facebook
• 190 Share on LinkedIn

Latest at Reach

Empowering Voices, Inspiring Change: Celebrating International Women’s Month

The reach alliance.

Munk School of Global Affairs & Public Policy at the University of Toronto

1 Devonshire Place, Toronto, Ontario, M5S 3K7 Canada

General Inquiries

reachalliance.munk@utoronto.ca

Case Studies

The Reach Alliance is committed to being a prominent hub of inclusive knowledge production. We prioritize knowledge, knowers, and ways of knowing that have been traditionally disengaged and marginalized from ‘legitimate’ academic knowledge. We work with research collaborators to share findings with the global insight community, project implementers, those that contributed to the research, and those that can benefit from the research directly. We do so in ways that amplify the perspectives of those who have historically been left out or silenced in these discussions.

Academic Partner

Research Status

Research year.

Case Study South Sudan

Information is Aid: Voice Post’s Blue Messenger Bicycles

SDG 3 SDG 9 SDG 13 SDG 16 SDG 17

Case Study Syria

Syrian White Helmets: Manufacturing PPE in a Conflict Zone

SDG 3 SDG 9 SDG 11 SDG 16 SDG 17

Case Study Barbados

Barbados’s Trident: A Multipronged Approach to Combatting Childhood Obesity through Advocacy, Policy, and Education

SDG 3 SDG 10 SDG 17

Case Study Philippines

APOAMF Low-Rise Building Project: Community-driven Housing Resilience for Informal Settler Families in the Philippines

SDG 10 SDG 11 SDG 17 SDG 13

Case Study United Kingdom

A Place to Play: Children’s Play Needs in England’s Temporary Housing

SDG 10 SDG 11 SDG 17

Case Study India

Teacher Mentorship in India: Improving Pedagogy in Government Schools

SDG 4 SDG 10 SDG 17

Case Study Solomon Islands

Between State and Nonstate Systems: Access to Justice in Rural Solomon Islands

SDG 5 SDG 16 SDG 17

IN-DEPTH MEANING OF UNTOUCHABILITY UNDER ARTICLE 17 AND CONSTITUTIONAL SCHEMES RELATING TO PROHIBITION OF UNTOUCHABILITY UNDER PART III

Introduction.

Article 17 [1] of the Indian Constitution deals with “Untouchability”. The framers of the Indian Constitution have not defined ‘Untouchability’ anywhere in the constitution, and this measure was deliberately taken by the constituent assembly in the year 1948. Untouchability is prevalent in India, for ages, be it before the British period or after them, be it before independence or after independence, it was always there among us. Before Independence, there were no specific laws for it but after independence, the members of the drafting committee brought up Untouchability under article 17 of the Indian Constitution and abolished it in any form. The members of the drafting committee deliberately put “Untouchability” in inverted commas so that parliament can interpret and define it in any manner they want. It was said in Devaraijah that, ‘according to the law and the meaning of Untouchability is not just confined to the literal or grammatical meaning of the word but it has a much wider ambit.’ [2] Article 17 intends to give a broad sweep to theming of Untouchability, by talking about the practice in any form and by prohibiting disabilities that arise out of Untouchability.

Article 17 tries to prohibit Untouchability in its widest amplitude. Abolition of Untouchability tries to mainstream the group of people who were always at the bottom and faced Untouchability for example Dalits or people from the minority community. Untouchability can be literal; it can be stereotypical notions of purity and pollution and thus this attaches a kind of stigma to the physical bodies of the certain group of people who faces Untouchability and thus, they face indignity, humiliation, and several other ritual forms of exclusion. Literal Untouchability can be the ritualistic, stereotypical exclusion to the physical body of certain groups of people. Untouchability in terms of social exclusion from civic rights is not only because somebody is accorded a higher or lower status, but the consequences of this accordance of status are very real and material, in terms of distributing rights, privileges, resources, or access to resources in society.

In the Indian Young Lawyers Association, it was mentioned that one of the members of the constituent assembly, Promatha Ranjan Thakur, observed that “untouchability” cannot be abolished without abolishing the caste system, since “untouchability” is its symptom.” [3] The very root cause of untouchability was the caste system, which was and that still is being followed in India. People are not viewed equally; they are separated due to the caste system.

Dr. B R Ambedkar’s viewpoint

Dr. B R Ambedkar in his “Annihilation of Caste” referred to the idea of graded inequality. He said that we have a gradation of caste in the caste system, those at the top have uniform privileges and enjoy entitlements and the ones at the bottom have uniform disadvantages and have no entitlements and thus face a violation of their dignity. In Caste System the rights and privileges, advantages, and disadvantages are distributed in a graded manner, according to the location that the one occupies in the caste hierarchy. Therefore, U as exclusion from civic rights like housing, water, livelihood, marketplaces, wells, rivers, hospitals, temples, and many more are provided only to the privileged ones and are denied to others according to the graded society.

Not only social exclusions but also social exclusion from social relationships is faced by the people. According to the caste order, the family relationships, marital relationships, friends are arranged in such a manner that castes become an enclosed unit, where two persons from different caste cannot marry each other there is a lack of interaction with those who do not belong to our caste. There was always a clash between thinking of Ambedkar and Gandhi on caste, untouchability. On one hand, Gandhi used to say that nobody should be considered to be impure, nobody should be stigmatized but he also sees, merit in the caste system, he referred to the caste system as a scientific division of labor within society. But Ambedkar used to say that the problem is not just Untouchability, but the problem is the whole caste system, which brought up the problem of humiliation and stigmatization faced by people in form of Untouchability.

On what basis does the caste system divide people?

It divides people based on birth. If the caste system was based on individual merit, then there would have been mobility among castes, it would be possible for somebody whose father is a carpenter to then join the priests. But this doesn’t happen. In Ambedkar’s article “Annihilation of Caste” he said that there should be open examinations for the priest, why should be it based on your birth, it should be based on an individual’s merit. So, in Ambedkar’s vision the problem is not because of Untouchability, he possesses a radical alternative of destroying the caste system. In the Sabrimala judgment, it was said that Untouchability is a practice that stigmatizes certain bodies based on notions of purity and pollution, which inflicts humiliation and social exclusion groups of people, and is inherently opposed to human dignity.

Article 17 is abolishing social exclusion from civic rights, it talks about something broader than literal Untouchability, it talks about the disabilities arising out of Untouchability, like civil rights and obligations. Untouchability is not defined Article 17 intends to give a broad sweep to theming of Untouchability, by talking about the practice in any form and by prohibiting disabilities that arise out of Untouchability. It’s not simply our ritualistic literal sense but extended to covering issues of civic and religious rights. According to Ambedkar, the caste system is not ritualistic but it has civic consequences, it has consequences on rights, dignity, and fraternity. Ambedkar said that the caste system and Hindu society are antithetic to the fraternity.

• Article 15(2) [4] addresses exclusions from civil rights.
• Article 23(1) [5] addresses economic rights (right against exploitation).
• Article 25(2)(B) [6] addresses religious or ritualistic exclusions.

Hence, Article 15(2), Article 23(1), Article 25(2)(B) forms a new golden triangle against social exclusions.

Untouchability faced by manual scavengers in India

Article 17 while saying that Untouchability in any form means, that we have to cover the widest amplitude of the practice. Then further it means that Untouchability is not simply the ritualistic idea of purity and pollution, but the disabilities it causes liabilities, constraints, or restrictions that arise out of Untouchability.

Prohibition of Employment as Manual Scavengers and their Rehabilitation Act,2013 [7] – An Act that is made for the prohibition of employment as manual scavengers, rehabilitation of manual scavengers and their families, and for matters connected therewith or incidental thereto. The act forbids the employment of any person performing as a manual scavenger. Manual Scavengers are people who handle human excreta in an insanitary latrine or an open drain or pit. Besides all these things manual scavenging still exists in India and has always been a caste-based exercise, majorly practiced by Dalit people throughout India, it is not a practice that is willingly taken by them but is forced by the higher system. Manual Scavenging not being a caste-based exercise but still indirectly has become a caste-based exercise, performed by lower caste Dalit people. If a person who belongs to a Dalit community is a manual scavenger, then it becomes their family tradition that after father and mother, the son and daughter will carry on the same thing and become manual scavengers soon due to lack of other options, and severe barriers to mobility. The story does not stop here. Dalit people are manual scavengers and face untouchability too at the same point which is also illegal in India. Untouchability is being abolished in India, manual scavenging is being abolished in India but both of these things are still being faced by Dalit people. What an irony is this!

If we abolish Untouchability, in all forms we will be able to transform the traditional and hierarchical social order into a modern, more approachable, and more open environment. It will open up the way for recognition of the marginalized communities and individuals, who suffer a lot because of untouchability and the caste system.

Author(s) Name: Kavya Shukla ( OP Jindal Global University, Sonipat)

References:

[1] Constitution of India, 1950, art. 17

[2] Devarajiah v B. Padmanna AIR 1958 Kant 84

[3] Indian Young Lawyers Assn. v State of Kerala 2018 SC 1690

[4] Constitution of India, 1950, art. 15(2)

[5] Constitution of India, 1950, art. 23(1)

[6] Constitution of India, 1950, art. 25(2) (B)

[7] Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

An official website of the United States government

The .gov means it’s official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.

The site is secure. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.

• Publications
• Account settings

Preview improvements coming to the PMC website in October 2024. Learn More or Try it out now .

• Advanced Search
• Journal List
• Int J Environ Res Public Health

Sexual Violence and Trauma in Childhood: A Case Report Based on Strategic Counseling

Valeria saladino.

1 Department of Human, Social and Health Sciences, University of Cassino and Southern Lazio, 03043 Cassino, Italy

Stefano Eleuteri

2 Faculty of Medicine and Psychology, Sapienza University of Rome, 00178 Rome, Italy; [email protected]

Elisa Zamparelli

3 Institute for the Study of Psychotherapies, 00185 Rome, Italy; [email protected]

Monica Petrilli

4 Academy of Social and Legal Psychology, 00198 Rome, Italy; ti.liamtoh@illirtepacinom

Valeria Verrastro

5 Department of Medical and Surgical Sciences, University of “Magna Graecia”, 88100 Catanzaro, Italy; ti.zcinu@ortsarrevairelav

Children and adolescents are too often victims of sexual abuse and harassment. According to the World Health Organization (WHO), approximately 150 million girls and 73 million children <18 have been victims of violence and sexual exploitation during their childhood. Data show that females are more likely to be a victim of abuse and violence than males (20% vs. 5–10%). Such abuses lead to long-term psychophysical and relational consequences and victims are often afraid of asking for support from both parents and professionals. This case report shows the story of a 17-year-old adolescent, Sara, involved by her mother in a strategic counseling process, to solve BDSM-type sexual addiction (slavery and discipline, domination and submission, sadism and masochism), self-aggressive behavior, and alcohol abuse issues. The strategic counseling process is structured in 15 sessions and was based on problem-solving techniques and corrective behavioral strategies. During the sessions, it emerged that Sara had been a victim of sexual violence at the age of 6 and that she had never talked about the rape with anyone. At the age of 12, she began to experience social anxiety and shame, feelings that led her to use alcohol and seek violent sexual partners and bondage relationships. During the counseling sessions, Sara elaborated on her trauma, becoming more aware of her resources and her desires, and she learned to manage the sense of guilt and shame associated with the violence suffered, through alternative strategies. At the end of the process, Sara normalized her relationship with sex and alcohol, regaining her identity.

1. Introduction

1.1. sexual abuse in childhood: definitions, spread, and consequences of the phenomenon.

The World Health Organization defines “child maltreatment” as all the forms of abuse and neglect that involve children. This definition includes physical and emotional violence, sexual abuse, neglect, and exploitation. These abuses lead to damage to children’s health, impacting their development [ 1 ]. According to the fundamental rights of the European Union and the United Nations Convention on the Rights of the Child, children should be protected against all forms of violence, and adults should promote their well-being [ 2 , 3 ]. There are different definitions of child sexual abuse. For instance, sexual harassment can arise on a continuum of power and control, from non-contact sexual assault (such as exhibitionistic actions) to contact sexual assault (such as rape). Additionally, Internet sexual offending is included in the definitions of child sexual abuse. This category concerns the distribution, acquisition, and possession of child sexual exploitation material, child grooming, and online contact with children for gratifying sexual desire (e.g., receiving sexually explicit images or cybersex) [ 4 ]. Regarding the spread of this phenomenon, it is estimated that one billion children are a victim of some form of violence. Thus, one out of two children per year worldwide suffers from some form of violence. Furthermore, the COVID-19 pandemic has increased the risk of children being victims of violence within their families [ 5 , 6 ]. Indeed, social distancing and restrictions impacted the levels of stress and anxiety, reducing usual sources of support and increasing online abuse [ 7 , 8 ].

Our study focuses on sexual violence and sexual abuse, which means the involvement of children or teens in sexual coercion or sexual harassment. These experiences may not involve explicit violence or injury and could occur without physical contact or be experienced as observers. Sexual abuse can be divided into different categories depending on the relationship between the child and the perpetrator. Intra-familial abuse is implemented by family members, peri-familial abuse is implemented by people external to the family but who take care of the child; and extra-familial abuse involves perpetrators who are not part of the family environment [ 9 ].

Child sexual abuse is connected to several unpleasant consequences. Victims may develop mental health problems, such as affective disorders, suicidal ideas, drug or alcohol addiction, social anxiety, conduct disorder, borderline personality disorder, post-traumatic stress disorder, and eating disorders, in particular bulimia nervosa [ 4 ]. Furthermore, child sexual abuse harms the physical health of children, leading to urogenital complaints (e.g., genital pain, dysuria, genital bleeding, and incontinence problems) [ 10 ]. According to Adams et al. [ 11 ], the severity, duration, and onset of sexual abuse influence the level of depressive, anxiety, and post-traumatic stress disorder (PTSD) symptoms. Regarding gender differences, the authors found that sexual abuse produces the worst effects in females. Indeed, the early onset of sexual abuse may cause anxiety symptoms in females but not among males. In the same line, it seems that sexual abuse may determine PTSD mostly in females but not in male adolescents.

The stage of development in which children suffered from abuse (early childhood, childhood, adolescence) can influence the severity of the consequences for health. Traumatic experiences, such as violence and abuse, lived during the first few years of life have a stronger impact on the development than those experienced in another period [ 12 ]. Van Duin et al. [ 13 ] examined the impact of extra-familial sexual abuse among children under four years old and the consequences for their parents. The results show that 3% of children developed a PTSD diagnosis, 30% of them exhibited clinically significant sexual behavioral problems, while 24% of them showed internalizing problems, 27% attachment insecurity and 18% received a psychiatric disorder diagnosis. Regarding parents of children who suffered from abuse, 20% reported high levels of PTSD symptoms, with mothers reporting PTSD symptoms more often than fathers. They also suffered from feelings of guilt, shame, and anger. The authors hypothesized that the psychological treatment provided to 25% of the victims and 45% of parents mitigated the negative consequences.

Additionally, suffering from extreme abuse for a long period, having a close relationship with the perpetrator [ 14 ], and living in dysfunctional families are risk factors associated with the development of severe psychological symptoms [ 15 ]. Moreover, the risk of re-victimization is higher among children who suffered from sexual abuse compared to others. The disclosure of the trauma is hard because of feelings of shame, guilt, and intimidation by the perpetrators and the wish to not burden the family. The stigmatizing response by the social environment influences the development of shame and guilt linked to sexual victimization. This is also connected to the feeling of being blamed or judged.

These data underline the importance of educating society in understanding the consequences of sexual victimization and in supporting prompt reporting. These results might be useful in promoting therapeutic interventions to support victims and to decrease the dysfunctional cognitions of sex offenders [ 16 ].

1.2. Sexual Addiction and BDSM among Survivors of Childhood Sexual Abuse

Several authors have reported that 80% of people [ 17 ] who experienced child sexual abuse (CSA) developed compulsive sexual behavior and sexual addiction in adulthood. Pereira et al. [ 18 ] confirmed the relationship between childhood sexual abuse and a later disposition toward compulsive sexual behaviors. They found that sexual abuse experiences and poor family relationships during childhood enhance vulnerability to initiating and maintaining out-of-control sexual behaviors. They confirmed this association, with a prevalence in the male population that seems to be more susceptible to the development of sexual addiction and compulsion. Thus, this behavior is a transversal phenomenon that vulnerable people can use to manage intense and negative emotions related to the distress of abuse [ 19 ].

The experience of women with sexual compulsivity is intensely shame-based and difficult to deal with. The family preconditioning of abandonment in childhood emerges through inadequate care, experiences of abuse, abandonment, and the presence of other addictions, as shown by case studies analysis [ 20 , 21 ]. As children, these women were looking for something to ease their distress when they could not rely on their caregivers. Mostly, they use maladaptive coping mechanisms, such as compulsive masturbation, binge eating, and violent fantasies, to maintain their sanity in childhood.

According to Freud’s theory, at the basis of this behavior might be a trauma suffered by the children caused by the experience of impotence and the contact with a threatening adult [ 22 ]. This experience triggers strong anguish in the face of which the child activates a series of defenses to protect themselves, including the conversion of the trauma and identification with the aggressor. These modalities convert, to quote Stoller, “the infantile trauma into an adult triumph” [ 23 ].

Sexual atypia and paraphilias lead to reliving the traumatic experience while preserving the illusion of control and sexual gratification, which provides individuals with a false sense of power that preserves their integrity. The strong aggression and anguish distort the vision of the other, who becomes a dehumanized object. This is the mode implemented to cope with strong emotions derived from traumatic experiences [ 24 ].

Indeed, at the origin of masochism, there could be an infantile experience of passivity and annulment. In this case, the mechanism of reversal of the experience undergone is structured as a masochistic defense. In the adult re-perpetration of the trauma staged in the perversion, the person is no longer the passive victim of an executioner but the holder of control. It is the subject who asks the executioner to suffer and to be objectified. This perception gives masochistic pleasure to the person. From this point of view, the masochist’s pain is a defense against the greater and deeper pain of rejection [ 22 ].

In this way, sadomasochistic sexual practices could assume a key role in sexual trauma processing. BDSM (slavery and discipline, domination and submission, sadism and masochism) is receiving increasing attention from the scientific community. The term BDSM identifies a wide range of erotic practices between two or more consenting partners who share sexuality based on games of power, dominance, and submission from which they derive satisfaction and pleasure. Today, the BDSM phenomenon is viewed from a biopsychosocial perspective [ 25 ].

Studies show a positive correlation between BDSM interests and personality traits, adverse childhood experiences, education levels, sexual orientation, and biological indicators. The limitations of the research lie in the fact that most studies so far are only descriptive [ 26 , 27 ]. Some researchers have focused on better understanding the aspect of pain within a BDSM interaction [ 28 , 29 ], as experiencing afflicting or receiving pain is a relevant part of BDSM interaction. The result is that BDSM practitioners seem to have a higher pain threshold overall and, specifically, submissive BSDM interaction results in a constant increase in pain thresholds [ 28 ].

Further research focused on the rewarding biological mechanism associated with BDSM interaction. They found that submissive practitioners showed increased cortisol and endocannabinoid level due to the BDSM interaction, while dominant practitioners only showed increased endocannabinoid levels when the BDSM interaction was associated with power-plays [ 30 ].

1.3. Strategic Counseling

Strategic counseling is an intervention that refers to the theory of strategic psychotherapy and aims to reach a specific goal through techniques based on communication. Strategic counseling is efficient in modifying patients’ points of view and in promoting the solution of their issues [ 31 , 32 ].

Strategic counseling is effective in managing personal, relational, and working problems. One of the most important characteristics of strategic counseling is the focus on the function and the dynamic of the issue (“how my problem works”), instead of on the causes (“why I have a problem”). The focus is on the present and the future and not on the past, which represents a starting point to assess patients’ cognitions [ 33 ]. According to the process of strategic counseling, there are solutions as well as problems and these solutions are strongly related to the characteristics of the issue, akin to a dress tailored to the patient. Strategic counseling is a flexible type of counseling—it adapts to the specific problem until it leads the person to perceive the problem differently and therefore to change their behavior. The most used element of strategic counseling is communication, the so-called “strategic dialog” [ 34 , 35 ].

Strategic communication is characterized by a series of techniques that lead people to discover new ways of perceiving and managing problematic situations. Therefore, strategic dialogue leads to an experience of changing one’s own feelings and perceptions, modifying one’s perspective. Strategical problem solving is one of the most common techniques, which we could define as the “technology” to find solutions because of its effectiveness in finding alternatives [ 36 , 37 , 38 ].

Finding alternative solutions to a problem is not easy and leads to implementing the usual solutions, the so-called “attempted solutions”, but which turn out to be unsuccessful, only increasing the sense of inadequacy and dissatisfaction [ 39 ]. The attempted solutions have the function to maintain the problem and to create a vicious circle in which the person is psychologically trapped.

Strategic problem solving modifies the dynamics of rational linear thinking to find the solution, through stratagems of non-ordinary logic. This allows finding a solution in the present rather than an explanation in the past [ 38 ].

Therefore, strategic counseling is characterized by its flexibility and adaptability to the problem presented, since it makes use of strategies and techniques conceived and adaptable to the established purpose. Indeed, as the counseling intervention proceeds, it can be reoriented based on the observed effects. This intervention method guides clients to change their behavior, their feelings about the problem, and the perception of events, changing their perspective of observation and feelings connected to the problem. Clients experience new perceptions and discover different ways to manage and overcome difficulties. These sensations and perceptions become actions and behaviors that lead to higher individual awareness. According to this perspective, behavior change derives from a modification of perceptions that simultaneously generate a different way of conceiving and relating to reality or “to change to know” [ 35 ].

1.4. Strategic Behavioral Prescriptions

Prescriptions are tasks and indications that the therapist provides during the sessions. The patient must perform these tasks between sessions or during the session itself. In strategic counseling, behavioral prescriptions represent an important function, since to bring about a change one must go through concrete actions, acting on the problem even in the absence of the therapist [ 40 ]. This absence allows patients to demonstrate that they can change their situation from a concrete experience. Prescriptions can be direct, indirect, and paradoxical [ 41 ].

In the first case, these are clear indications about the actions that the patient should perform. These aim at achieving a specific and shared goal in the session. Collaborative patients with low resistance benefit from this type of prescription.

Indirect prescriptions are behavioral injunctions that hide their true goal and circumvent the individual’s resistance. These prescriptions are best suited to those who resist changing. They act persuasively through linguistic and hypnotic suggestions. The therapist shifts the patient’s attention from the problem to other elements that reduce the tension linked to the discomfort, allowing the individual to neutralize the problem.

The paradoxical prescriptions, on the other hand, provide for the use of the symptom of resistance to therapy, as actions to be voluntarily implemented or exasperated to increase the level of control perceived by the patient about a previously spontaneous situation [ 41 ].

The therapist reinforces the results obtained by the patients, redefining the situation and gratifying them [ 42 ]. Prescriptions play a key role in strategic counseling and are part of the change process as they create a bridge between the patient’s reality and the therapeutic setting.

2. Materials and Methods

2.1. procedure.

This case report illustrates the story of Sara, an Italian girl of 17 years of age. Sara suffers from BDSM-type sexual addiction, self-aggressive behavior, and alcohol abuse because she was a victim of sexual harassment when she was a child. Sara was involved by her mother in a strategic counseling program. The strategic counselor (SC) was a young woman, and the therapeutic process was divided into 15 weekly sessions which were 60 min long, as described in Table 1 :

Strategic counseling sessions and objectives.

2.2. Ethical Statement

Sara and her mother were informed by the strategic counselor that the therapy will be part of a scientific publication. The aims, the methods, and the procedure were explained to the minor and her mother in verbal and written forms. The SC obtained the informed consent of the participants to publish the therapy in online and paper journals. The participants were aware that their sensitive data (names, places, etc.) would be subject to change to protect privacy.

The informed consent was redacted according to the Italian Deontological Code of Psychologists of the National Council of the Order of Psychologists 2020 ( www.psy.it ) (accessed on 10 May 2021) and was based on the following Italian legislative references: Law 633/1941 Article 96 (Protection of copyright and other rights related); Civil Code Article 10 (Abuse of the image of others); Civil Code Article 23 (Consent for personal data processing); Legislative Decree n. 196/03 Article 13 and EU Regulation 2016/679 (GDPR) Article 13 (Information on the processing of personal data).

The collected materials are kept confidential under the responsibility of the SC.

3. Case report: Sara’s Story

3.1. assessment and therapeutic alliance.

Sara goes to art school, she is an only child and has lived alone with her mother since her father left home when she was 10. Sara was involved in the strategic counseling process by her mother, worried about her daughter’s high-risk behaviors, such as engaging in sex with several occasional partners and binge drinking.

Although it is not her direct request, Sara immediately demonstrates a good motivation to undertake the therapeutic path. Moreover, despite her young age, Sara shows good awareness of her psychological, physical, and cognitive state, expressing her feelings and thoughts.

During the first session, the strategic counselor invites Sara’s mother to attend. However, Sara shows considerable difficulty in talking about herself in the presence of her mother, so the SC decides to be alone with Sara. In the absence of her mother, Sara discloses with the SC, although with slight difficulty, describing her problem in relations with other, especially males, and telling the SC about the trauma she experienced when she was six, namely a sexual assault by a man of 20. Sara expresses embarrassment and shame in telling of her traumatic experience, holding her head, avoiding the therapist’s gaze, and never using the word “rape”. Sara also affirms that since she was 12, she has had violent sexual intercourse and bondage relationships with peers. Furthermore, when she decides to have sex with someone, she also binge drinks alcohol. Sara’s mother is unaware of her daughter’s trauma and believes that her daughter’s destructive attitudes are part of her adolescence. Sara describes her mother as a “normal, slightly apprehensive housewife”. She considers her childhood quite happy. However, when she was very young, her mom went through a particularly intense moment of emotional distress due to numerous conflicts with her father, which is why she often had to care for her ailing mom. For this reason, Sara decided to avoid telling her mother about the sexual violence.

The SC uses the techniques of active listening and lets all the elements emerge that the girl is ready to share. At the end of the session, the SC thanks Sara for the trust and courage shown and gives the girl a task, called “my objectives”. According to the prescription, she is required to describe the personal goals which she wants to obtain by means of the therapy.

During the second session, Sara comes alone. She sits and starts to read the task without any encouragement from the SC. Sara identifies her sex life as a source of discomfort. Her sexuality is characterized by strong and uncontrollable impulses, which lead her to seek out sexual acts and physical violence. When she has these impulses, she often contacts some friends who practice BDSM, namely bondage (not professional), and she asks them to have violent sexual intercourse, after binge drinking. Her mother discovered her activity when Sara came home one night with marks and bruises all over her body. On that occasion, Sara admitted to her mother that she has a problem managing her sexuality and that she explicitly asks her partners to practice bondage and to inflict upon her asphyxiation and physical violence. The girl explains that this kind of suffering gives her the feeling of control, as she is the one who decides to feel pain and the level to which she does so. An aspect that Sara realizes in completing the prescription is that when she had homosexual intercourse, she never felt the need to suffer violence. With boys, however, she sought violence during penetration and, in particular in practicing bondage. Sara realizes that her sexual impulses never allowed her to have a relationship and she describes sex as a punishment that she uses because she thinks she does not deserve to be loved.

The SC and the patient identify the main objectives of the therapeutic process as elaborate on the trauma deriving from sexual abuse suffered in childhood, exploring sexuality without the use of alcohol or violence, and structuring a new self-image considering her desires and resources.

During the third session, the SC describes to the patient the process of trauma processing, explaining the role of repressed emotions and memories. Despite the fear of reliving her trauma, Sara shows a strong motivation to continue the process, saying that she stopped her sexual impulses after her mother discovered them. Additionally, Sara admits that during those nights in which she practiced bondage, she felt that she could have suffocated. That event impacted the perception of Sara towards her sexuality, leading her to relive the same fear she felt during the abuse she suffered. Sara is not ready to tell her mother the truth. However, she does not exclude the possibility of doing this in the future.

It appears immediately functional for Sara to have a young female figure as a therapist to project and analyze some dynamics of her behavior without fear of being judged and to gradually acquire confidence.

3.2. Sexual Violence-Trauma Processing and Positive New Identity Structure

The second part of the therapeutic process was focused on trauma-processing and on the possible evaluation of the dysfunctional coping strategies used by Sara to manage her negative feelings connected to the traumatic experience. First, Sara was instructed to explore the dynamics of her trauma, learning how to change the memories linked to the experience. Sara explored her body’s reaction during her processing of trauma, and she also understood what happens in talking about her sexual violence. She analyzed her physical and emotional reactions, living and exploring the situation in the therapeutic setting. The second step of the trauma-processing was to lead Sara to tell her traumatic story from multiple points of view, exploring it as if she could relive it but from the outside, as an observer. The goal was to teach Sara, progressively, how to understand the emotions connected to the trauma and be able to face them, and then live the experience as a story that is part of her life but that can no longer hurt her because it belongs to the past. To reach this goal, the SC gave to Sara a specific prescription: “imagine that you can do something to make your current condition worse, imagine the worst fantasy on your traumatic experience”. This prescription leads the patient to realize that she has control over the decision-making process about her malaise and to analyze all the attempted solutions she has implemented and continues to implement even though they are dysfunctional, to solve her problem.

At first, Sara expressed difficulty in imagining how her traumatic experience could have been worse; however, later she created alternative scenarios that saw her capable of worsening her fantasy about the past and about the present. Sara gained more control over her choices and realized that self-harm related to extreme sexuality and alcohol abuse stems from this idea of not having control over her body, as someone else has it instead. When she carries out these harmful behaviors, she allows another person to harm her, and this removes her responsibility and reduces her sense of guilt for not having protected herself during the aggression suffered as a child.

Sara analyzed her relationship with alcohol and stated that what she appreciates most is the sense of relaxation and the absence of tension. However, once this effect is over, Sara suffers a psycho-physical breakdown, sadness, and a sense of emptiness. The substance, therefore, mitigates the anxiety of the girl, who slowly undertook to reduce its use to monitor the effect that these changes in behavior have on well-being. Additionally, Sara practices bondage during sexual intercourse, and she feels very protected and accepted and can share an aspect of herself that is more complex to externalize. Sara does not share this aspect of her life with her mother and feels it is not understood. After she started the therapeutic path, however, Sara became more confident in her relationship with her body, asking her mother for advice and support.

The SC explained to the patient that she should not aim to reach a socially shared normal range, but the goal is to understand its functioning and progressively reduce everything that causes her discomfort. Bondage-related BDSM experiences are denial and defense mechanisms that Sara uses, along with alcohol, to avoid dwelling on her suffering. The two thematic areas, bondage and alcoholic binging, are intertwined during the sessions. These draw a parallel between the desire, the effects, and consequences of alcohol and the violent sexual experiences Sara sought. These two conditions have in common the associated emotions and the subsequent intense sense of emptiness and sadness. Sara now hypothesizes that she can do without the search for risky or self-harming situations and for the first time she reflects on the meaning that these actions have for her, as she said: “I thought I was in control by drinking and doing violence to me, but it was my addiction to violent sex and alcohol that had control over me”.

The SC explained to the patient the theory of the “self-fulfilling prophecy”, asking her to reflect on how she could change this prophecy. The last four sessions before the therapeutic restitution and closing phase were focused on the building of a new positive identity structure. Sara was required to learn and apply strategies to (a) monitor her psycho-physical sensations related to self-harming behaviors, alcoholic binges, and bondage, understanding the relationship with her emotions; (b) learn to respect her body more and to assume control of her decisions, passing from a passive to an active role; and (c) find alternatives to violent sexual behaviors.

To achieve these aims, the SC gave to Sara the following prescriptions:

• (a) A diary of emotions, structured to analyze the type of emotion, the antecedent, thoughts, actions, strategies, and consequences and to become more curious and attentive toward her feelings and reactions.
• (b) The use diaphragmatic breathing once per day, to get in touch with her body, focusing on physical needs.
• (c) Dedicating some time to her sexual pleasure, identifying new activities and modalities as alternatives to violent bondage, associated with alcohol abuse.

Regarding the first prescription, during the sessions, Sara reported having monitored her emotions related to negative feelings and the need to self-harm through sex and alcohol as her coping strategies. She described some events in which she felt alone and misunderstood by her mother or friends. However, analyzing the situations, she found inconsistencies between her interpretation and the reality, understanding how often she tends to blame others for her malaise. Doing this exercise every day and illustrating to the SC all the reported events and emotions, Sara progressively recognized that she has mental patterns that lead her to perceive others as threats and to feel misunderstood and alone. Her strategy is always to make others abuse her to confirm her attribution of guilt.

Sara is now more aware of the way she uses violent sex and alcohol and the psychophysical consequences that come with it. This careful analysis of her behavior, together with the other two prescriptions, allowed the girl to get in touch with the needs of her body, to focus on physical and sexual well-being, without feeling negative emotions and guilt or punishing herself sexually with bondage. In fact, during the weeks between sessions, Sara learned to dedicate herself to the well-being of her body and explored other activities related to sexual pleasure that did not involve the use of violence, such as masturbation and petting, only with people of who she trusts. Additionally, Sara progressively talked with her mother, telling her about her progress.

The emotions during the task related to the exploration of sexuality were positive, as Sara was able to give herself something satisfying. A very interesting and adaptive sensation for the patient’s functioning is that she felt pampered and protected by herself during masturbation and by her sexual partner during petting. Sara also decided to no longer engage in sexual activities that result from negative emotions. Bondage for her will always be an aspect of her sexuality but she wants to be able to decide and not let her trauma take over.

The new ways of exploring sexuality that Sara learned required considerable effort. Sara was very brave and found a personal space in which to find her own new identity. These sensations are new for her, as Sara has never explored her body or recognized her sexual needs, if not mediated by violence. The contact with the body, now experienced positively, reduces the sense of shame.

The SC positively reinforces Sara’s need to find herself, reflecting on her resources. Sara has already found her inner space, she just has to keep feeding it in order to not fall back into the old dysfunctional strategies. To do this, Sara needs to continue with the prescription for another two weeks, in which she will explore her autonomy from the SC. Sara can contact the professional if she needs to, but she does not come to the counselor’s office for two weeks. In addition, the SC gives Sara another prescription, to add to the previous ones: “What I want when I want”. According to this behavioral task, Sara will do something that she desires to do, just to experiment with the pleasure of doing this. Sara can do more than one thing, but she must do at least one per day.

3.3. Therapeutic Restitution and Follow-Ups

This conclusive part of the therapeutic process aims to reinforce the positive outcomes obtained by the patient and to restitute feedback on the acquired strategies for the future. To reach these goals, the SC used the suitcase metaphor, comparing the therapeutic experience to a journey during which Sara learned some coping strategies useful to manage stressful events and to better organize her new life and identity. The patient imagines having a suitcase in which she can collect and take these strategies with her, to cope with difficulties and to maintain her outcomes.

During the last session, the SC asked Sara to describe her therapeutic process, looking to herself as an observer and pointing out the main changes and results obtained. Sara was enthusiastic to describe her improvements. She reported some actions done for the “What I want when I want” prescription, such as spending time with friends, reading books, and taking long walks. Sara did not show any negative feelings, such as shame or embarrassment, in admitting her old habits and in recounting the trauma experienced in childhood. She now is more aware and less afraid of her impulsive and destructive behaviors and aims to build a “true” identity, not being influenced by the violence suffered. Sara, however, expresses her fear of falling back into the dysfunctional behaviors and harming herself again.

The SC explains therefore that the therapy foresees two follow-up sessions, one after one month and one after three months. These sessions are aimed at monitoring Sara’s progress and helping her to maintain them over time. This perspective reassures the patient, who greets the SC with affection and gratitude. The SC also explains to Sara that in the month in which they will not see each other, she will have the sole task of using the tools learned in therapy, metaphorically opening her suitcase, and pulling out the ones that best suit the situation she must deal with.

After one month, the SC meets Sara and she tells the professional about her progress. During the month, the teenager often confronted her mother, explaining her problems and asking for help when she felt aggressive impulses. The mother responded adequately to her daughter’s requests, showing herself to be present and welcoming. Sara also tells of having opened her suitcase on several occasions and having used some strategies learned in therapy. Sara decided to continue to explore her sexuality through masturbation and petting and only with people she trusts. She did not experiment with compulsions regarding sexuality or binge drinking, and she started to practice sport (running) to take care of her body. During the session, the SC reinforced the prescription of the suitcase, adding the task to identify other tools and strategies to add to it.

Three months later, the SC conducted the last follow-up with the patient. During the session, Sara was excited to tell the SC her improvements. Indeed, she was selected to participate in a competitive run, and she also had her first sexual intercourse without the use of violence or bondage. Sara felt satisfied with her progress and she also added a tool in her suitcase: get in touch with her physical sensations. Sara started to concentrate more on her body and her physical needs. The SC compliments Sara and positively strengthens her progress. The counselor asks her to continue filling her suitcase with useful strategies and tools for her future.

4. Discussion

According to the definition of child sexual abuse, sexual harassment can be described on a continuum of power and control from non-contact sexual assault to contact sexual assault [ 4 ].

This phenomenon is widespread among children; indeed, one out of two children per year worldwide suffers some form of violence [ 43 ].

The recent scientific literature on sexual abuse shows that the consequences of this traumatic event jeopardize both the physical and psychological health of the individual and cause lifelong distress. The gradual emergence of symptoms following exposure to traumatic events represents a conceptual challenge for psychology and psychiatry. Indeed, child sexual abuse is associated with mental health issues, drug or alcohol addiction, and post-traumatic stress disorder [ 4 ].

This work aims to explore the possible relationship between experiences of childhood abuse and the development of pathological compulsive sexual behavior, sexual addiction and BDSM conducts. These pathological sexual behaviors are characterized by inappropriate or excessive sexual acts or cognitions that lead to subjective distress or impaired functioning.

Sadomasochistic sexual practices are receiving greater attention from the scientific community than in the past. The acronym BDSM identifies a wide range of erotic practices between two or more consenting partners who share sexuality based on games of power, dominance, and submission from which they derive satisfaction and pleasure. Risk factors are thought to include family history and childhood abuse, and it seems that compulsive sex and BDSM practice represent a functional behavior to compensate for the traumatic experiences of abuse [ 44 ].

The case report illustrated herein shows an association between sexual violence and risky behavior in adolescence. Sara is a 17-year-old adolescent who suffered sexual violence when she was six and developed a sexual addiction relating to BDSM (bondage) and binge drinking. The mother of Sara, worried about her daughter, introduces Sara to the strategic counseling process. The SC sessions were divided into 15 sessions with specific goals and prescriptions. At first, Sara revealed her story, talking of the sexual abuse and of the tendency to have violent sexual intercourse, to practice BDSM, specifically bondage, and to drink alcohol before sex. The first step of strategic counseling’s process (three sessions) was to focus on the assessment and on establishing a therapeutic alliance. Specifically, the SC created a therapeutic alliance with the patient, who learned to manage negative emotions related to the abuse. Sara associated herself with the counselor, a young woman, and established a strong relationship of trust. The patient and the counselor used this positive relationship to co-build objectives for the other steps of the therapy.

The second (five sessions) and the third steps (four sessions) were focused on sexual violence-trauma processing and had the aim of elaborating the memories related to the trauma and on building a new identity. In this phase, Sara analyzed her relationship with alcohol and BDSM. She understood the role of substance abuse and violent sex in her life. Indeed, on the one hand, alcohol and sex mitigate the feeling of anxiety and she feels invincible, but on the other hand, Sara perceives a sense of shame and guilt. During this process of evaluation of her coping strategies, Sara started to communicate with her mother, asking for support. The SC guided Sara to discover more functional strategies for her well-being. The counselor explained the theory of the “self-fulfilling prophecy” and encouraged Sarah to make a positive prophecy about herself come true. At the end of this phase of counseling, Sara learned to monitor her psycho-physical sensations related to self-harming behaviors, alcoholic binges, and bondage, understanding the relationship with her emotions, and to respect and explore her body more, assuming the control of it and being active, as well as in her sexuality. These skills led Sara to find alternatives to violent sexual behaviors.

The final step (one session) was based on the therapeutic restitution and the SC positively reinforced the outcomes of the therapeutic process and restituted feedback on the acquired strategies for the future. To do so, the SC used the metaphor of the suitcase, according to which Sara can collect the strategies she learned into this suitcase and she can open it and use them anytime she feels the need.

The SC performed the first follow-up one month after the end of the therapy and a follow-up after three months. During both follow-ups, Sara demonstrated having maintained the positive outcomes of the therapy and using her suitcase to cope with difficulties. Sara practiced sport and stopped using BDSM, violent sex, and alcohol. Today, her relationship with sexuality is based on self-eroticism and petting with people she trusts.

5. Conclusions

The review of the literature and the case report presented highlighted the importance of exploring the possible connection between childhood sexual abuse and the development of compulsive sexual behavior and BDSM practices in adulthood. The recognition that comes from relationships with others (partner, sexual interest, work) confirms the value of our existence. Consequently, some individuals could undertake their search for contact through the forced transition from the passive to the active role, displaying risky behavior concerning fears and life experiences.

Hypersexuality and sadomasochistic practices might compensate for the missing part of the subject’s ego. The pain of self-esteem’s loss, parental affection, or childhood omnipotence is anesthetized through perverse action and fantasy. Sexual practices based on violence and coercion in some cases allow individuals to act out their fantasy of perfection. In this act, the sadist is reunited with his/her lost omnipotent self and the masochist abandons himself/herself in the other, rediscovering the fusion condition of childhood.

This division between reality and fantasy, between loss and the denial of grief, is also reflected in the thinking of these subjects as an inability to accept different views, without considering nuances or a middle ground.

Author Contributions

Conceptualization, V.S.; writing—original draft preparation, V.S., E.Z., S.E., M.P.; writing—review and editing, S.E., V.S.; supervision, V.V.; funding acquisition, V.V. All authors have read and agreed to the published version of the manuscript.

This research was published thanks to the contribute of the Institute for the Study of Psychotherapies, Rome, Italy; and the Department of Human, Social and Health Sciences of the University of Cassino and Southern Lazio, Cassino, Italy.

Institutional Review Board Statement

The study was conducted according to the guidelines of the Declaration of Helsinki, and approved by the Ethics Committee of the Institute for the Study of Psychotherapies, Rome on 26 April 2018.

Informed Consent Statement

Written informed consent has been obtained from the patient(s) to publish this paper.

Conflicts of Interest

The authors declare no conflict of interest.

Publisher’s Note: MDPI stays neutral with regard to jurisdictional claims in published maps and institutional affiliations.

Important Cases on Article 14 of Constitution of India

• Constitutional Law
• June 29, 2021

Introduction

In this article I have talked about the Article 14 of the Indian Constitution which gives every citizen of India a Fundamental Right to Equality as it reads “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

Article 14 when read with other Articles as stated by the Supreme court in Maneka Gandhi  v.  Union of India [1] , where it was said that “various fundamental rights must be read together and must overlap and fertilize each other”, following this Article 14 along with Article 15 of the Indian Constitution provides fundamental Right to Protection against “discrimination on grounds of religion, race, caste, sex or place of birth” to Indian Citizen, when read with Article 16 it provides fundamental “ Right to Equality of opportunity in matters of public employment ”, when read with Article 17 of the Indian Constitution it provides for right against ‘Untouchability’, when read with Article 18 it provides fundamental right of “Abolition of titles” by the state unless academic or military.

Article 14 can be said to confer two types of individual rights on the citizens. First is Positive right of equal protection of law as derived from American Constitution and negative right of equality before law as derived from British Constitution as was explained by the Hon’ble Supreme Court in Shayara Bano v. Union of India [2] .

Further Article 14 can be said to be founding principle in enabling the concept of Justice. Thus in this Article I have tried to explain what Article 14 actually means and its practical application through various Case laws and as decided by the Constitutional Bench of Hon’ble Supreme court.

Moreover as said by B.R. Ambedkar “ Equality may be a fiction but nonetheless one must accept it as the governing principle. [3] ” Article 14 is its constitutional epitome.

1. Shayara Bano v. Union of India [4]

Coram- 5 Judges

Chief Justice of India Jagdish Singh, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Lalit, Justice J.Abdul Nazeer.

Facts : In this case a Muslim woman named Shayara Bano was married to a Muslim man named Rizwan Ahmed for fifteen years. In 2016 Rizwan Ahmed divorced Shayara Bano by invoking talaq-e-biddat, popularly known as triple talaq. She challenge his act in the Supreme court through a writ petition through which she urged that Talaq e biddat, polygamy and Nikah Halala, three acts legalized by Muslim Personal law should be declared as unconstitutional as they are violative of Fundamental rights of Muslim Women as grated to them under Article 14 and Article 15. Her petition was taken up by a constitutional bench of five judges by the Supreme court and it was supported by the Union of India, several Women Rights organizations and Bhartiya Muslim Mahila Andolan. The Opposite party in this case was The All India Muslim Personal Law Board which said that Uncodified Personal laws are not subject to Constitutional Judicial review.

Issue : Whether the practice of Talaq-e-biddat is violative of Fundamental rights such as Article 14 and Article 15 of the Indian Muslim women?

Arguments :

Petitioner (Represented by Senior Advocate Amit Chadha.):

1. Quran permits dic=vorce for reasonable cause however Triple Talaq was being abused by Muslim men and thus has no Quranic sanction.

2. An uncodified power allocating arbitrary pwers to Muslim men is against Justice and Articlee and Article 15 of the Indian Constitution.

Respondent (Represented by Mr. Kapil Sibal.):

1. Muslim marriage is a private contract and hence can’t be changed by the State government.

2. Muslim Personal Law (Shariat) application act, 1937 doesn’t codify its customary laws but only provides for its application as a rule of decision in cases where parties are Muslim and hence are not subject to Judicial review or State legislation.

3. It would be violation of freedom to practice religion under Article 15 clause 2 if a Personal customary practice of a particular religion was to be abolished while allowing other religions to materialize their own.

4. Personal laws doesn’t come under the definition of law of Article as it in’t expressly mentioned there however it has been expressly mentioned in Concurrent list thus showing the mindset of our constitutional faters whon wanted to exclude Personal laws from ambit of Article 13.

Judgment : By a 3:2 majority, the practice of triple talaq was declared unconstitutional.

While reaching the above Judgment the Hon’ble Supreme Court in the above case gave a in depth analysis of Article 14 stating:

• “ Article 14 of the Constitution of India is a facet of equality of status and opportunity spoken of in the Preamble to the Constitution. The Article naturally divides itself into two parts—(1) equality before the law, and (2) the equal protection of the law.”
• Also talked about “intelligible classification” of subjects under Article 14 as was discussed in State of U.P.  v.  Deoman Upadhyaya [5]
• However Lachhman Dass  v.  State of Punjab [6] was also noted which satted that “overemphasis on Reasonable classification ” will subdue Article 14’s glorious contentand hence referred to it as a “subsidiary rule.”
• “If an action is found to be arbitrary and, therefore, unreasonable, it would negate the equal protection of the law contained in Article 14 and would be struck down on this ground.”
• Along with many other cases  Maneka Gandhi  v.  Union of India [7]   was also referred to where it was observed that “Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment.”

2. Navtej Singh Johar v. Union of India [8]

Facts : In 2009 in NAZ foundation v. N.C.T of Delhi [9] – Delhi High court declared Section 377 of IPC as unconstitutional which was challenged in 2014 In Suresh Kumar Kaushal v. NAZ foundation [10] in Indian Supreme Court (SC) which was overturned by a two Judge bench. The SC judgment was again challenged in 2016 in Navtej Singh Johar v. UOI and was presided over by a five Judge bench of SC. In this case the petitioner, Navtej Singh Johar was a dancer who belonged to LGBTQ community who filed a writ petition in SC under Article 32.

Issue : Constitutional validity of Section 377 of IPC and its application in consensual sexual conduct of adults of the same sex in private and whether it is violative of right of equal protection by law under Article 14?

Law :  Indian Constitution

Article 14= Right to equality before the law.

Article 21 = Right to life.

Article 15= Right to protection from discrimination on the ground of sex.

Article 19= Freedom of Expression.

Article 25= Freedom of conscience and religion.

Indian Penal code :

Section 377

Analysis : Section 377 of IPC was found to be violative of Article 21, 14, 15, 19 and 25 of Indian constitution by relying on principle of Transformative Constitutionalism and Progressive realization of rights.

Judgment : Section 377 was declared Unconstitutional by a bench of then acting Chief justice Dipak Mishra, J. Khanwilkar, J. Nariman, J. Chandrachud and J. Malhotra. Five-judge Bench of the Supreme Court unanimously decriminalized Section 377 of the Indian Penal Code, to the extent that it criminalized same-sex relations between consenting adults. The LGBT community has a choice of choosing the same sex partner legally. The above segment of Section 377 was held to be unconstitutional and violative of Article 14 and Article 15 -right to equality in law and right to equality on the ground of sex. 

3. Indian Young lawyers association and ors. v. State of Kerala and ors. [11]

  Facts : This case was filed in 2006 by the Indian Young Lawyer’s Association through public interest litigation (PIL) before the Hon’ble Supreme Court of India. The case deals with the Entry of menstruating women between the age of 10 years to 50 years in the Sabarimala Temple. The petitioners claimed that the practice was violative of Equal protection of law under Article 14 and there was discrimination on the basis of sex and hence was violative of Article 15. The Sabarimala Temple is situated in the Periyar Tiger Reserve in the Western ghat mountain ranges of Pathanamthitta District, Kerala. This temple is famous for Lord Ayyappa.

  Issue : Whether the exclusionary practice based on biological factor of different sex against females amount to “discrimination” and if it is violative of Article 14, Article 15 and Article 17 of the Indian Constitution?

Judgment : By a majority of 4:1, of the 5 judge constitutional bench, the Supreme Court declared the Sabarimala Temple’s custom of not allowing mensurating women from entering the temple premises as unconstitutional.

Ratio Decidendi:

“Having guaranteed equality before the law and the equal protection of laws in Article 14, the draftspersons specifically continued the theme of an equal entitlement as an intrinsic element of the freedom of conscience and of the right to profess, practice and propagate religion.”

“While guaranteeing equality and the equal protection of laws in Article 14 and its emanation, in Article 15, which prohibits discrimination on grounds of religion, race, caste, sex or place of birth, the Constitution does not condition these basic norms of equality to the other provisions of Part III.”

Thus clearly stating that rights under Article 25(1) is not an absolute right and can be practiced but in conferment and confirmation of equal treatment of every individual without discrimination.

4. M. Nagaraj v. Union of India [12]

Facts : M Nagraj case was dealt with by a five judge constitutional bench by the Hon’ble Supreme Court of India on the issue of “reservation in promotion” in light of principles of Constitutional law. In this case the insertion of Arts. 16 (4A) and 16 (4B) by the Indian Parliament via Constitution (Eighty-fifth Amendment) Act, 2001, which inserted Article 16 (4A) retrospectively for being against the rule of equality, the basic structure doctrine and the judgment in the case of  Indra Sawhney and Ors  v.  U.O.I. [13]

Issue: Whether Article 16(4A) and 16(4 B) were violative of Article 14 and thus the basic structure doctrine?

Judgment: The constitutional validity of arts. 16 (4A) and (4B) were upheld and thus, 77th, 81st, and 85th amendments were upheld to be constitutional. The Court observed that while the doctrine of equality was a part of the basic structure doctrine, the rule that prevented conferring seniority was not one and thus, the doctrine of basic structure could not be attracted.

The Court stated that State is not bound to make reservation for SCs and STs in promotion but if it intends to do so, it must provide relevant data.

While coming to the above conclusion Hon’ble Supreme court in detail speculated and discussed Article 14 in the Obiter dicta and Ratio Decidendi of this case and it was stated as-

Role of enabling provisions in the context of Article 14

In Para 106-  “The gravamen of Article 14 is equality of treatment. Article 14 confers a personal right by enacting a prohibition which is absolute. By judicial decisions, the doctrine of classification is read into Article 14. Equality of treatment under Article 14 is an objective test. It is not the test of intention. Therefore, the basic principle underlying Article 14 is that the law must operate equally on all persons  under like circumstances . (emphasis added) Every discretionary power is not necessarily discriminatory. According to the  Constitutional Law of India , by H.M. Seervai, 4th Edn., p. 546, equality is not violated by mere conferment of discretionary power. It is violated by arbitrary exercise by those on whom it is conferred. This is the theory of “guided power”. This theory is based on the assumption that in the event of arbitrary exercise by those on whom the power is conferred, would be corrected by the courts. This is the basic principle behind the enabling provisions which are incorporated in Articles 16(4-A) and 16(4-B). Enabling provisions are permissive in nature. They are enacted to balance equality with positive discrimination. The constitutional law is the law of evolving concepts. Some of them are generic, others have to be identified and valued. The enabling provisions deal with the concept, which has to be identified and valued as in the case of access vis-à-vis efficiency which depends on the fact situation only and not abstract principle of equality in Article 14 as spelt out in detail in Articles 15 and 16. Equality before the law, guaranteed by the first part of Article 14, is a negative concept while the second part is a positive concept which is enough to validate equalising measures depending upon the fact situation.”

In Para 118.  “The concept of equality allows differential treatment but it prevents distinctions that are not properly justified. Justification needs each case to be decided on case-to-case basis.

5. State of West Bengal v Anwar Ali Sarkar [14]

Facts : In State of West Bengal v Anwar Ali Sarkar , in the State of West Bengal by the West Bengal Special Courts Act, 1950 enacted by State legislature special Courts were set up by the State government Under Section 3 and Section 5 provided these courts power to try certain class of offences for achieving speedier trial. Through this act the State Government arbitrarily tried any individual as it deemed fit and advantageous for its party.

Issue : Whether Section 5 is violative of Article 14 in the absence of any prescribed grounds for classification of such offence which are to be tried by these Special Courts?

Judgment : The Supreme Court held that the West Bengal Special Courts Act, 1950, was unconstitutional as it conferred arbitrary power to the state government to classify classes of offences or any offence as it pleased because there was no specific guideline for classification of such offence. This Act was in violation of Article 14 which grants fundamental right of equality before law to every citizen as this Act enabled the State government to try any individual for any offence through this special court as it pleased.

[1] (1978) 1 SCC 248

[2] ( 2017) 9 SCC 1

[3] B. R. Ambedkar, Annihilation Of Caste 105 (1936)

[4] (2017) 9 SCC 1

[5] (1961) 1 SCR 1

[6] (1963) 2 SCR 353

[7] (1978) 1 SCC 248

[8] (2018) 10 SCC 1

[9] WP(C) No.7455/2001, DELHI HIGH COURT; Decision on 2 nd July, 2009

[10] CIVIL APPEAL 10972 OF 2013

[11] (2009)11 SCC 1

[12] (2006) 8 SCC 212

[13] AIR 1993 SC 477

[14] 1952 AIR 75 SC

Author- Nalin Kumar, (Vivekananda Institute of Professional Studies.)

You might like

Randhir Singh v Union of India

Khatri vs state of bihar.

Exceptions and Exclusions to Principles of Natural Justice

Leave a reply cancel reply.

Your email address will not be published. Required fields are marked *

Name  *

Email  *

Add Comment  *

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Post Comment

National News | Massive cranes on ‘standby’ at Baltimore…

Share this:.

• Click to share on Facebook (Opens in new window)
• Click to share on X (Opens in new window)

e-Pilot Evening Edition

• Latest Headlines
• Environment

National News

National news | massive cranes on ‘standby’ at baltimore bridge collapse have storied pasts.

Less than a week after the Francis Scott Key Bridge collapsed into the Patapsco River after being struck by a cargo ship , a 200-ton chunk of the span was lifted away as part of the cleanup operation. That first crane operation on Saturday, which Gov. Wes Moore said took 10 hours in total, was a “relatively small lift.”

“We’re talking about something that is almost the size of the Statue of Liberty,” Moore said in a Monday news conference. “The scale of this project, to be clear — it is enormous. And even the small lifts are huge.”

The recovery effort has brought to Baltimore multiple massive cranes — with storied pasts.

Late Thursday night, the Chesapeake 1000 crane barge arrived at the site of the Key Bridge collapse, according to the Joint Information Center of the Unified Command. It was joined by two others contracted through Naval Sea Systems Command , all to be put to use removing “submerged portions of the Francis Scott Key Bridge,” according to a Navy news release.

As of Tuesday evening, nine cranes were on site with four more scheduled to arrive to assist with the Key Bridge collapse response, a Joint Information Center spokesperson said.

The Chesapeake 1000, dating back to the early 1970s and now owned by Donjon Marine Co., is named for its ability to  lift 1,000 tons with a boom over 230 feet long . Originally, it was called the Sun 800, notable for playing a role in a CIA mission called “Project Azorian,” said Gene Schorsch, who oversaw the creation of the Sun 800 at Sun Shipbuilding & Drydock Co. , where he held many titles over the years.

The Sun 800, at the time the “largest capacity … barge crane on the East Coast,” according to a declassified CIA article , was created to work on the Hughes Glomar Explorer. That ship was “ostensibly built and owned by billionaire Howard Hughes,” according to the CIA, but was actually tasked during the Cold War with recovering a wrecked Soviet submarine in the Pacific Ocean.

“It’s absolutely appropriate” that the Chesapeake 1000 is at the site of the Key Bridge collapse now, said Schorsch, 95.

The Chesapeake 1000 has not yet been used at the site of the Key Bridge collapse, but is being kept “on standby for when we need to go to larger lifts,” said U.S. Navy Capt. Sal Suarez, the supervisor of salvage operations, during a news conference Tuesday afternoon.

The same goes for another noteworthy crane, Weeks 533, which was seen arriving to TradePoint Atlantic on Sunday. The barge-mounted crane is fully revolving and touted as the “largest of its kind on the East Coast.”

In 2009, the 500-ton capacity crane lifted the downed U.S. Airways Flight 1549 from the Hudson River in New York. A few years later, also in New York, it gave the Enterprise space shuttle a ride onto the USS Intrepid , a retired aircraft carrier-turned-museum . It’s also carried the Concorde, a supersonic jet, on more than one occasion, including just last year .

The “Big Bitch,” as Wired reported Weeks 533 has been called , teamed up with Chesapeake 1000 in 2003, for work on the capsized Stellamare cargo ship at the Port of Albany. Now, they’re both poised to see action yet again in Baltimore.

Baltimore Sun reporter Dan Belson contributed to this article.

More in National News

National News | Powerball jackpot reaches $1.23B as long odds mean lots of losing, just as designed

SUBSCRIBER ONLY

World news | biden tells israel’s netanyahu future us support for war depends on new steps to protect civilians.

National Politics | Judge rejects Trump’s First Amendment challenge to indictment in Georgia election case

National Politics | Prosecutors in Trump’s classified documents case sharply rebuke judge’s unusual and ‘flawed’ order

Trending nationally.

• Massive cranes on ‘standby’ at Key Bridge collapse have storied pasts
• Muslim women push Chicago community to join green Ramadan: ‘We are the caretakers of the Earth’
• Aaron Taylor-Johnson, the reported new James Bond, accused of improperly building a lake on his English estate
• Outer Banks bridge known for purple martin migration to close for 6 months starting in May
• Florida’s 6-week abortion ban will have nationwide impact, critics warn

Uncovering Identity and Parentage: An NGSQ Case Study Experience with Yvette Hoitink

F101 four farms, four names: from research report to award-winning ngsq article, may 17, 2024 12:30 – 1:30 pm.

Few things are as thrilling as solving long-standing genealogy questions. Yvette discusses a remarkable case study from her experience unraveling a complex genealogical mystery in the Netherlands. Using her research and analytical skills, she discovered the true ancestral roots of an individual using information about residences, associates, and relationships.

Yvette Hoitink is renowned for her talent in presenting her research and findings clearly and concisely. She shares her process for conducting thorough research and creating well-crafted NGSQ case studies. Her expertise will undoubtedly inspire novice and seasoned genealogists, providing valuable insights and strategies for conducting effective genealogical research in any context.

Related Posts

• National Genealogical Society
• 6400 Arlington Blvd, Suite 660, Falls Church, VA 22042-2318
• Telephone +1 703-525-0050 or +1 800-473-0060

© National Genealogical Society. All rights reserved.

• - Google Chrome

Intended for healthcare professionals

• Access provided by Google Indexer
• My email alerts
• BMA member login
• Username * Password * Forgot your log in details? Need to activate BMA Member Log In Log in via OpenAthens Log in via your institution

Search form

• Advanced search
• Search responses
• Search blogs
• Use of progestogens...

Use of progestogens and the risk of intracranial meningioma: national case-control study

• Related content
• Peer review

This article has a correction. Please see:

• Use of progestogens and the risk of intracranial meningioma: national case-control study - March 28, 2024
• Noémie Roland , general practitioner and epidemiologist 1 ,
• Anke Neumann , senior statistician 1 ,
• Léa Hoisnard , epidemiologist 2 ,
• Lise Duranteau , endocrinologist and gynaecologist 3 ,
• Sébastien Froelich , professor of neurosurgery 4 ,
• Mahmoud Zureik , professor of epidemiology and head of department 1 5 ,
• Alain Weill , senior epidemiologist and deputy director 1
• 1 EPI-PHARE Scientific Interest Group, French National Agency for Medicines and Health Products Safety, French National Health Insurance, Saint-Denis, France
• 2 EpiDermE Epidemiology in Dermatology and Evaluation of Therapeutics, EA7379, Paris Est Créteil University UPEC, Créteil, France
• 3 Department of Medical Gynaecology, Bicêtre Hospital, Assistance Publique-Hôpitaux de Paris, Paris Saclay University, 94270, Le Kremlin-Bicêtre, France
• 4 Department of Neurosurgery, Lariboisière University Hospital, Paris-Cité University, Assistance Publique-Hôpitaux de Paris, Paris, France
• 5 University Versailles St-Quentin-en-Yvelines, Montigny le Bretonneux, France
• Correspondence to: N Roland noemie.roland{at}assurance-maladie.fr (@NoemieRoland11 @EPIPHARE on X)
• Accepted 22 February 2024

Objective To assess the risk of intracranial meningioma associated with the use of selected progestogens.

Design National case-control study.

Setting French National Health Data System (ie, Système National des Données de Santé ).

Participants Of 108 366 women overall, 18 061 women living in France who had intracranial surgery for meningioma between 1 January 2009 and 31 December 2018 (restricted inclusion periods for intrauterine systems) were deemed to be in the case group. Each case was matched to five controls for year of birth and area of residence (90 305 controls).

Main outcome measures Selected progestogens were used: progesterone, hydroxyprogesterone, dydrogesterone, medrogestone, medroxyprogesterone acetate, promegestone, dienogest, and intrauterine levonorgestrel. For each progestogen, use was defined by at least one dispensation within the year before the index date (within three years for 13.5 mg levonorgestrel intrauterine systems and five years for 52 mg). Conditional logistic regression was used to calculate odds ratio for each progestogen meningioma association.

Results Mean age was 57.6 years (standard deviation 12.8). Analyses showed excess risk of meningioma with use of medrogestone (42 exposed cases/18 061 cases (0.2%) v 79 exposed controls/90 305 controls (0.1%), odds ratio 3.49 (95% confidence interval 2.38 to 5.10)), medroxyprogesterone acetate (injectable, 9/18 061 (0.05%) v 11/90 305 (0.01%), 5.55 (2.27 to 13.56)), and promegestone (83/18 061 (0.5%) v 225/90 305 (0.2 %), 2.39 (1.85 to 3.09)). This excess risk was driven by prolonged use (≥one year). Results showed no excess risk of intracranial meningioma for progesterone, dydrogesterone, or levonorgestrel intrauterine systems. No conclusions could be drawn concerning dienogest or hydroxyprogesterone because of the small number of individuals who received these drugs. A highly increased risk of meningioma was observed for cyproterone acetate (891/18 061 (4.9%) v 256/90 305 (0.3%), odds ratio 19.21 (95% confidence interval 16.61 to 22.22)), nomegestrol acetate (925/18 061 (5.1%) v 1121/90 305 (1.2%), 4.93 (4.50 to 5.41)), and chlormadinone acetate (628/18 061 (3.5%) v 946/90 305 (1.0%), 3.87 (3.48 to 4.30)), which were used as positive controls for use.

Conclusions Prolonged use of medrogestone, medroxyprogesterone acetate, and promegestone was found to increase the risk of intracranial meningioma. The increased risk associated with the use of injectable medroxyprogesterone acetate, a widely used contraceptive, and the safety of levonorgestrel intrauterine systems are important new findings.

Introduction

Meningiomas account for 40% of primary tumours of the central nervous system. 1 2 The incidence of meningioma in the United States is 9.5 per 100 000 person years. 2 Meningiomas are mostly slow growing, histologically benign tumours but can nevertheless compress adjacent brain tissue and thus patients may require surgical decompression. 3 The incidence of meningiomas increases with age, rising sharply after the age of 65 years. Conversely, meningiomas are rare before the age of 35. Other recognised risk factors for meningioma are being female, intracranial exposure to ionising radiation, neurofibromatosis type 2 2 , and, as shown only recently, prolonged use (≥one year) to high doses of three potent progestogens: cyproterone acetate, 4 5 chlormadinone acetate, 4 and nomegestrol acetate. 4

The link between female sexual hormones, in particular progesterone, and intracranial meningioma is biologically plausible. 6 Progesterone receptors are present in more than 60% of meningiomas 7 and the volume of these tumours has been observed to increase during pregnancy and to decrease post partum. 8 However, previous pregnancy does not appear to be an unequivocal risk factor for meningioma. 9 Studies have also shown a link, albeit a weak one, between breast cancer and meningiomas. 10

No significant association between exogenous female hormones and risk of meningioma has been shown to date for hormonal contraceptives (either combined or progestogen only pills). 11 12 Additionally, data for hormone replacement treatment for menopause are contradictory. Several studies have shown a slight excess risk of meningioma associated with the use of hormone replacement treatment for menopause, 11 13 whereas others have reported no deleterious effects of these molecules. 14 By contrast, the excess risk of meningioma observed with the use of high doses of cyproterone acetate among cis women, men, and trans women has been shown to be very high 5 15 16 and somewhat lower, but still substantial, for chlormadinone acetate and nomegestrol acetate. 4 Discontinuation of each of these three progestogens generally leads to a reduction in meningioma volume, 17 18 which avoids the need for surgery and its associated risk of complications for most patients.

Whether progestogens other than these three oral progestogens at high doses have a similar effect depending on their route of administration is still unknown. Our study aimed to assess the real-life risk of intracranial meningioma associated with the use of progestogens from an extensive list (progesterone, hydroxyprogesterone, dydrogesterone, medrogestone, medroxyprogesterone acetate, promegestone, dienogest, and levonorgestrel intrauterine systems) with different routes of administration (oral, percutaneous, intravaginal, intramuscular, and intrauterine). Although some of the progestogens studied are used in France (promegestone) or in only a few countries (medrogestone), others are widely used worldwide in various doses and for various indications (progesterone, levonorgestrel, hydroxyprogesterone, medroxyprogesterone) (supplementary table A). Certain progestogens may also be risky at some doses when used over a long period of time, but not at lower doses or when used for a short period of time. Our secondary objectives were to describe the characteristics of the women who were in the cases group (age, grade, and anatomical location of the meningiomas) and to approximate the number of surgically treated meningiomas attributable to the use of the concerned progestogens.

Study design and data source

This observational population based study used data derived from the French national health data system ( Système National des Données de Santé (SNDS)). Given the analysis of multiple exposure situations (different exposure definitions and lookback periods) in our study, we opted for a case-control design rather than a cohort study, thus including long term users of the considered medications. 19

The SNDS database contains information on all health spending reimbursements for over 99% of the population residing in France and is linked to the French hospital discharge database. 20 SNDS is currently one of the largest healthcare databases in the world and is widely used in pharmacoepidemiological studies. 4 5 21 22 23 24

Definition of cases and selection of controls

The eligible cases in this study were women residing in France of all ages who underwent surgery for intracranial meningioma between 1 January 2009, and 31 December 2018. For each case, the start date of the corresponding admission to hospital marked the index date. Women with a pregnancy beginning in the two years before the index date were excluded from the study (pregnancies were defined as those that had resulted in childbirth or medical termination of the pregnancy after 22 weeks of amenorrhoea).

Surgery for intracranial meningioma was defined by the simultaneous combination of the following diagnoses and procedures recorded for the same hospital stay: a meningeal tumour (codes D32, D42, or C70 according to the 10 th revision of the International Classification of Diseases (ICD-10)) coded as the main diagnosis of the admission to hospital and an intracranial surgery act (supplementary table B). These codes have already been used in our previous studies. 4 5

Five women in the control group were randomly matched to each woman in the case group for the year of birth and area of residence (“ département ”, a French geographical subdivision, n=101). Matching was based on the risk set sampling approach. 25 The traceability of the controls in the SNDS was ensured by selecting only women who had had at least one service reimbursed in the calendar year before the index date and the two to three calendar years preceding the index date. This criterion was also applied to the selection of cases.

For analyses relating to intrauterine systems, subsets of these cases and the matched controls were considered to ensure sufficiently long lookback periods. For the hormonal intrauterine systems containing 52 mg levonorgestrel and copper intrauterine devices, the cases and controls from the years 2011 to 2018 were retained. For the hormonal intrauterine systems containing 13.5 mg levonorgestrel, the inclusion period was restricted to 2017 to 2018 (start of commercialisation in France in 2013).

Definition of exposure

Exposure to the progestogen of interest was defined according to WHO’s anatomical, therapeutic, and chemical (ATC) classification. The list included progesterone (oral and intravaginal: 100, 200 mg (ATC code G03DA04); percutaneous: 25 mg per bar (G03DA04)), dydrogesterone (10 mg, or in association with oestrogen: 5 or 10 mg (G03DB01, G03FA14, G03FB08)), hydroxyprogesterone (500 mg (G03DA03)), medrogestone (5 mg (G03DB03)), promegestone (0.125, 0.25, or 0.5 mg (G03DB07)), medroxyprogesterone acetate (injectable contraceptive, 150 mg/3 mL (G03AC06, L02AB02 partially)), dienogest (in association with oestrogen, 2 mg (G03FA15)), levonorgestrel (52 mg intrauterine systems (G02BA03); 13.5 mg intrauterine systems (G02BA03)) (supplementary tables C and D). As drospirenone, which is a spironolactone derivative, is not reimbursed in France, we were unable to access data concerning its use. We therefore chose to study the use of spironolactone (25, 50, and 75 mg), even though its indications may be very different. The code used to identify spironolactone was C03DA01. The indications for these various progestogens in France are available in table 1 .

Main indications (marked as x), in France, for the progestogens under study

• View inline

For oral, intravaginal, percutaneous, or intramuscular progestogens, exposure was defined as at least one dispensation of the progestogen of interest in the 365 days before the index date. For intrauterine progestogens, a dispensation was sought within three years before the index date for levonorgestrel 13.5 mg (as the duration of efficacy of this intrauterine system is three years before any change or withdrawal of the device) and within five years before the index date for levonorgestrel 52 mg intrauterine systems (duration of contraceptive efficacy of five to six years according to current recommendations during the study period).

Exposure was described by three modes for each progestogen as follows: 1) exposure to the progestogen concerned, 2) exposure during the three years preceding the index date to at least one of the three high dose progestogens known to increase the risk of meningioma (ie, chlormadinone acetate, nomegestrol acetate, and cyproterone acetate), and 3) absence of exposure to the progestogen considered or to the three high dose progestogens (the reference for the analyses).

Definition of covariates

The description of sociodemographic and medical characteristics included age, area of residence, existence of neurofibromatosis type 2 (ICD-10 code Q85.1), and, for cases only, the year of surgery, anatomical site (anterior, middle, or posterior base of the skull, convexity, falx and tentorium, others; supplementary table C), and grade of severity of the meningioma (according to WHO’s classification 1 : benign, malignant, or atypical, supplementary table E).

Adjuvant radiotherapy was also sought from three months before the index date to six months after (supplementary table F). Additionally, all causes mortality at two and five years after the index date was assessed in cases, as well as the use of antiepileptic drugs in the third year after the index date (supplementary table G).

Statistical analysis

Logistic regression models conditioned on matched pairs were used to estimate odds ratios and their 95% confidence intervals (CIs) for the association between exposure to the progestogens of interest and meningioma (odds ratio of exposure relative to non-exposure). Additionally, the effect of history of neurofibromatosis type 2 on the risk of meningioma was estimated, as well as the effect of chlormadinone acetate, nomegestrol acetate, and cyproterone acetate exposure, all serving as positive controls for exposure to validate our results. In parallel, exposure to a copper intrauterine device was used as a negative control for exposure (codes in supplementary table H).

The risk of meningioma associated with progestogen use was also estimated for each oral, percutaneous, intravaginal, and intramuscular progestogen according to the duration of use: short term (at least one dispensation in the year before the index date but no dispensation in the second year before the index date) and prolonged use (at least one dispensation in the year before the index date and at least one dispensation in the second year before the index date).

The population attributable fraction was approximated from the odds ratio obtained for each progestogen. The formula used was as follows: population attributable fraction=p c (1-1/odds ratio), where p c is the prevalence of the use of the progestogen concerned (isolated exposure) among the cases. 26 Lastly, sensitivity analyses were performed. Analyses were stratified for age (<35 years, 35-44 years, 45-54 years, 55-64 years, and ≥65 years) and for the location and grade of severity of the tumours whenever a positive association was found between exposure to the considered progestogen and meningioma surgery.

Data were analysed using SAS software version 9.4 (SAS Institute Inc). A P value of less than 0.05 was considered statistically significant (two tailed tests).

The present study was authorised by decree 2016–1871 on 26 December 2016. 27 As an authorised permanent user of the SNDS, the author’s team was exempt from approval from the institutional review board. This work was declared, before implementation, on the register of studies of the EPI-PHARE Scientific Interest Group with register reference T-2023-01-437.

Patient and public involvement

The list of progestogens of interest (supplementary table B) was drawn up in consultation with a temporary scientific advisory board comprised of representatives of the French National Agency for Medicines and Health Products Safety, patient organisations, and healthcare professionals (neurosurgery, endocrinology, gynaecology, and general medicine).

Description of cases and controls

In total, 108 366 women were included in the study during the inclusion period of 2009 to 2018, consisting of 18 061 women in the case group were matched with 90 305 in the control group ( fig 1 ).

Flowchart for the analyses of oral, percutaneous, intravaginal, and intramuscular progestogens. Index date is defined as the date of hospital admission

• Download figure
• Open in new tab
• Download powerpoint

Among them, 15 162 cases and 75 810 controls were retained for the analyses of intrauterine systems and copper intrauterine devices using 52 mg of levonorgestrel (restricted inclusion period: 2011 to 2018) (supplementary figure A) and 4048 cases and their 20 240 controls for the analysis of intrauterine systems of 13.5 mg of levonorgestrel (2017-18) (supplementary figure B). Descriptions of cases and controls for the analyses of intrauterine devices are detailed in supplementary I and J.

The mean age of all women was 57.6 years (standard deviation 12.8 years). The most highly represented age groups were 45-54 (26.7%), 55-64 (26.4%), and 65-74 (21.5%) years ( table 2 ).

Description of the cases and controls (overall inclusion period 2009-18). Data are number of individuals (percentage), unless otherwise specified

The number of cases steadily increased from 1329 in 2009 to 2069 in 2018. Meningiomas requiring surgery were most frequently located at the base of the skull (a total of 10 046/18 061 cases (55.6%); anterior skull base: 3979/18 061 (22.0%), middle: 3911/18 061 (21.7%), posterior: 2156/18 061 (11.9%)), followed by the convexity (6468/18 061 (35.8%)). Concerning tumour grade, most meningioma cases were benign (16 662/18 061, 92.3%) and 1047/18 061 (5.8%) were classified as atypical and 352/18 061 (1.9%) as malignant. Among cases, 28.8% (5202/18 061) of women used antiepileptic drugs three years after the index date of surgery. Mortality was also higher among cases than controls: 502 cases/18 061 (2.8%) died within two years ( v 1.2% of controls) and 951/18 061 (5.3%) within five years ( v 3.4% of controls). Mortality was higher for the cases with malignant tumours, 12.5% of whom died within two years and 20.7% within five.

The comparison of the cases and controls in the subsets used to analyse hormonal intrauterine systems is included the supplementary data (supplementary tables I and J).

Progestogens (others than intrauterine)

Exposure among cases.

Among the 18 061 women admitted to hospital for meningioma surgery between 2009 and 2018, 329 (1.8%) had used oral or intravaginal progesterone, 90 (0.5%) percutaneous progesterone, zero hydroxyprogesterone, 156 (0.9%) dydrogesterone, 42 (0.2%) medrogestone, nine (<0.1%) medroxyprogesterone acetate, 83 (0.5%) promegestone, three (<0.1%) dienogest, and 264 (1.5%) spironolactone ( table 3 , supplementary figure C). These numbers excluded 2999 women who had been exposed to cyproterone acetate, nomegestrol acetate, or chlormadinone acetate, or a combination, within the previous three years (among these 2999 women, 68 had also been exposed to oral progesterone, 47 to percutaneous progesterone, 0 to hydroxyprogesterone, 43 to dydrogesterone, 10 to medrogestone, 0 to medroxyprogesterone acetate, 17 to promegestone, 1 to dienogest, and 56 to spironolactone). The median cumulative doses of progestogens for cases and exposed controls are shown in supplementary table K.

Associations between use of oral, percutaneous, intravaginal, and intramuscular progestogen and risk of surgically treated intracranial meningioma. Data are number of individuals (percentage), unless otherwise specified

Effect on meningioma risk

No significant association with an increased risk of intracranial meningioma surgery was noted with exposure to oral or intravaginal progesterone (odds ratio of 0.88 (95% CI 0.78 to 0.99)) or percutaneous progesterone (1.11 (0.89 to 1.40)), dydrogesterone (0.96 (0.81 to 1.14)), or spironolactone (0.95 (0.84 to 1.09)) ( table 3 , supplementary figure C). Exposure to dienogest was rare, with only 14 women who were exposed (3/18 061 among cases and 11/90 305 among controls) and, consequently, the estimated odds ratio had a very large confidence interval (1.48 (0.41 to 5.35)). Additionally, we could not assess the odds ratio concerning hydroxyprogesterone because no exposed cases were found ( fig 2 ).

Associations between various progestogens and risk of intracranial meningioma requiring surgery (case control design, 2009-18). Odds ratio in logarithmic scale. CI=confidential interval; LNG=levonorgestrel; SNDS=French National Health Data System ( Système National des Données de Santé ). *LNG had different denominators due to restricted inclusion periods (10/4048 cases, 48/20 240 controls; 566/15 162 cases, 3888/75 810 controls)

By contrast, an excess risk of meningioma was associated with the use of medrogestone (3.49 (2.38 to 5.10)), medroxyprogesterone acetate (5.55 (2.27 to 13.56)), and promegestone (2.39 (1.85 to 3.09)). As expected, an excess risk of meningioma for women with positive control exposure neurofibromatosis type 2 (18.93 (10.50 to 34.11)), as well as those exposed to chlormadinone acetate (3.87 (3.48 to 4.30)), nomegestrol acetate (4.93 (4.50 to 5.41)), and cyproterone acetate (19.21 (16.61 to 22.22)) was also noted ( fig 2 ).

The duration of exposure to medrogestone, medroxyprogesterone acetate, promegestone, chlormadinone, nomegestrol, and cyproterone acetate for exposed cases and controls is presented in supplementary table L. The results show that three quarters of the women in the cases group who had been exposed for more than a year had been exposed for more than three years. As for medrogestone, medroxyprogesterone acetate, and promegestone, the excess risk associated with prolonged use was higher than that measured for short term and prolonged exposure combined. Specifically, prolonged use of promegestone had an odds ratio of 2.74 (2.04 to 3.67) (versus 2.39 for all durations of exposure) and short term use an odds ratio of 1.62 (0.95 to 2.76). For prolonged use of medrogestone, the odds ratio was 4.08 (2.72 to 6.10) (versus 3.49 for all durations of exposure combined), and for medroxyprogesterone acetate, the odds ratio was 5.62 (2.19 to 14.42). No significant association was reported for either short or prolonged periods of use for any of the other progestogens studied.

Meningiomas before age 45 years were rare in cases of exposure to medrogestone (n=3/42), medroxyprogesterone acetate (n=3/9), or promegestone (n=10/83), and only one (medroxyprogesterone) was observed before the age of 35.

Concerning medrogestone, the most frequent locations of meningiomas in exposed cases were the base of the skull (n=21/42; 13 in the middle) and the convexity (n=19/42) (supplementary tables M, N and O). The excess risk of meningioma for the middle of the base of the skull was particularly high (odds ratio 8.30 (95% CI 3.70 to 18.63)). Additionally, the estimated excess risk among women aged 45-54 years was slightly higher than that in the main analysis (4.53 (2.73 to 7.53) v 3.49 (2.38 to 5.10)).

In women in the cases group who were exposed to promegestone, meningiomas were preferentially located at the front of the base of the skull (n=25/83), the convexity (n=25/83), and the middle of the base of the skull (n=22/83). The excess risk of meningioma linked to promegestone use was slightly higher in the group who were older than 65 years (odds ratio 3.21 (95% CI 1.39 to 7.43)) and for meningiomas located at the front or middle of the base of the skull (3.15 (1.95 to 5.10) and 3.03 (1.82 to 5.02), respectively).

We found no malignant grade tumours among cases exposed to medrogestone, medroxyprogesterone acetate, or promegestone (for information, the same analyses were carried out for chlormadinone acetate, nomegestrol acetate, and cyproterone acetate in supplementary table N).

Levonorgestrel intrauterine systems

In total, 566/15 162 users of hormonal levonorgestrel 52 mg were among the cases with meningioma surgery between 2011 and 2018 (3.7%) ( table 3 ). For the intrauterine systems with 13.5 mg of levonorgestrel, 10 of 4048 users were reported among the cases from 2017 and 2018 (0.2% of all cases). Again, women who had been exposed to cyproterone acetate, nomegestrol acetate, or cyproterone acetate, or a combination, within the previous three years were not counted (among them, 95 were exposed to the intrauterine systems of 52 mg levonorgestrel and three to intrauterine systems of 13.5 mg levonorgestrel).

No excess risk of meningioma was reported with the use of hormonal intrauterine systems containing 52 mg (odds ratio 0.94 (95% CI 0.86 to 1.04)) or 13.5 mg (1.39 (0.70 to 2.77)) of levonorgestrel ( fig 2).

Exposure to copper intrauterine devices, used as a negative control for exposure in this study, had an odds ratio of 1.13 (1.01 to 1.25).

Attributable cases

The population attributable fractions, which are relative to the observed overall number of surgically treated intracranial meningiomas, were 0.17% for exposure to medrogestone, 0.04% for medroxyprogesterone acetate, and 0.27% for promegestone. For comparison, they were calculated as 2.58% for chlormadinone acetate, 4.08% for nomegestrol acetate, and 4.68% for cyproterone acetate. The numbers for the attributable cases are presented in supplementary figure D.

Principal findings

Although the risk of meningioma was already known for three progestogens, this study is the first to assess the risk associated with progestogens that are much more widely used for multiple indications, such as contraception.

This population based study shows an association between the prolonged use of medrogestone (5 mg), medroxyprogesterone acetate injection (150 mg), and promegestone (0.125, 0.25, 0.5 mg) and a risk of intracranial meningioma requiring surgery. No such risk was reported for less than one year of use of these progestogens. However, we found no excess risk of meningioma with the use of progesterone (25, 100, 200 mg; oral, intravaginal, percutaneous), dydrogesterone (10 mg, combined with oestrogen: 5, 10 mg), or spironolactone (25, 50, 75 mg), neither with short term nor prolonged use, and with the use of levonorgestrel intrauterine systems (13.5, 52 mg). A small number of women were exposed to dienogest (2 mg, in association with oestrogen) and hydroxyprogesterone (500 mg), therefore we cannot draw any conclusions concerning the association between use of these progestogens and the risk of meningioma.

No malignant meningiomas were noted for women exposed to medrogestone, medroxyprogesterone acetate, or promegestone. Moreover, the number of cases of surgically treated intracranial meningioma attributable to use of these progestogens was much lower than the number of cases attributable to the intake of chlormadinone acetate, nomegestrol acetate, and, in particular, cyproterone acetate. This finding is explained by both a lower excess risk of meningioma (for medrogestone and promegestone) and lower rates of use in France (particularly low for medroxyprogesterone acetate, with less than 5000 women exposed each quarter during the inclusion period of the study of 2009-18).

Specific considerations on meningiomas

Meningioma is a predominantly benign tumour. Between 2011 and 2015, 80.5% of the meningiomas diagnosed in the United States were grade 1, 17.7% grade 2, and 1.7% grade 3. 1 Even in the absence of malignancy, meningiomas can cause potentially disabling symptoms. In such cases, first line treatment is surgery, even for the oldest patients, entailing a risk of complications and morbidity. 28 29

Age is an important factor both for the indication of progestogens and for considering intracranial surgery. In our study, the mean age of women in the cases group was 57.6 years. Medrogestone, medroxyprogesterone acetate, and promegestone can be used both by women of childbearing age and by premenopausal and postmenopausal women. In our study, only one user of these progestogens who had undergone meningioma surgery was younger than 35 years (medroxyprogesterone).

Postoperative complications are not uncommon for meningioma surgery. Depending on the exact location of meningiomas, the surgical risk varies but surgery may have severe neurological consequences due to the immediate proximity of highly functional cortical area and critical neurovascular structures. Cognitive function tends to improve after surgery for meningioma, 30 31 but several studies have suggested a potential for postoperative anxiety and depression and a high intake of antidepressants and sedatives in the medium term, 32 33 although other studies have reported conflicting findings for depression. 34 Seizures are also a possible short term complication of surgery, 35 leading to a need to take antiepileptic drugs in the years following the operation. In our study, almost three in 10 women (28.8% of cases) were using antiepileptic drugs three years after the operation, which was consistent with previously published findings. 36 Additionally, results showed that progestin related meningiomas tend to occur more frequently at the skull base and that surgery for lesions in this location is much more challenging. The recent evidence supporting stabilisation or regression of meningiomas after stopping chlormadinone acetate, nomegestrol acetate, and cyproterone acetate has reduced the surgical indications for these patients, thus avoiding potential complications. 17 18 A recent report showed that although the tissue portion of the meningioma most often regresses in size, the hyperostosis associated with meningiomas further increases, which may require surgical intervention, not for oncological purposes but only for decompression of the structures nerves and relief of symptoms. 37

Use of the studied progestogens in France and worldwide

Medrogestone is indicated in France for the treatment of menstrual cycle disorders and luteal insufficiency (eg, dysmenorrhea, functional menorrhagia or fibroid-related menorrhagia, premenstrual syndrome, and irregular cycles), endometriosis, mastodynia, and hormone replacement therapy for menopause. In the United States, medrogestone has never been approved by the US Food and Drug Administration. Outside of France, this molecule is also used in Germany, in combination with oestrogen (0.3 mg/5 mg, 0.6 mg/2 mg, 0.6 mg/5 mg). 38 The use of medrogestone increased significantly in France in 2019, notably as a result of postponements in the prescription of chlormadinone acetate, nomegestrol acetate, and cyproterone acetate, following the French and European recommendations to reduce the risk of meningioma attributable to these progestogens in 2018 and 2019. 39 40 As therapeutic alternatives have not shown an increased risk of meningioma, switching from products that notoriously increase this risk to medrogestone should be reconsidered.

Worldwide, in 2019, 3.9% of women of childbearing age were using injectable contraception (medroxyprogesterone), that is, 74 million users, but figures vary widely between world regions (from 1.8% in high income countries to 8.7% in low income countries). 41 This method of contraception is the most widely used in Indonesia (13 million women), 42 Ethiopia (4.6 million women), and South Africa (3.6 million women). 41 In the USA, medroxyprogesterone acetate is used in more than 2 million prescriptions in 2020 and more than one of five sexually active American women report having used injected medroxyprogesterone acetate (150 mg/3 mL) in their lifetime. 43 44 Injectable contraceptives are much less widely used in Europe (3.1% of women of childbearing age in the UK and 0.2% in France 41 ). Our results support preliminary findings from studies of meningioma cases exposed to chronic use of medroxyprogesterone acetate or cases of high dose administration. 45 46 47 48 49 In particular, our results show similarities with those of a retrospective review of 25 patients diagnosed with meningioma who had a history of chronic medroxyprogesterone acetate use and were treated at the University of Pittsburgh Medical Center between 2014 and 2021 concerning the characteristics of cases exposed to medroxyprogesterone acetate (women (mean age of 46 years) with meningiomas commonly located at the base of the skull). 48 In addition, medroxyprogesterone acetate used as an injected contraceptive is known to be prescribed to specific populations, especially people with mental illnesses. 50 The protection of these vulnerable populations from additional drug risks is particularly important. Depot medroxyprogesterone acetate (150 mg) is registered for use as a form of birth control in more than 100 countries worldwide. 41 In countries that have high numbers of people using medroxyprogesterone acetate, the number of meningiomas attributable to this progestogen may be potentially high. Furthermore, medroxyprogesterone (non-acetate) is also used orally, at lower doses, in some countries other than France (notably in the US), for which no data exists on a risk of meningioma so far.

Promegestone was only available in France (not marketed in any other country) and was withdrawn from the market in 2020. This drug was indicated for the relief of premenopausal symptoms and hormone replacement therapy for menopause. With the discontinuation of its marketing, some users could have switched to medrogestone in 2020, a molecule also implicated in the risk of meningioma in our results. Clinicians therefore must remain vigilant because meningioma risk could last beyond market withdrawal and a potential switch to another progestogen.

The FDA defines a therapeutic class as “all products (…) assumed to be closely related in chemical structure, pharmacology, therapeutic activity, and adverse reactions”. 51 52 Various subtypes of progestogens exist depending on the molecule from which the progestogen is derived (ie, progesterone, testosterone, and spironolactone) (supplementary table B). 53 Their chemical structures and pharmacological properties differ according to this classification, which explains why no class effect is reported for certain benefits and risks associated with their use (eg, breast cancer and cardiovascular risk). 54 55 56 57 Progestogens have distinct affinities for different target organ steroid receptors, which may vary even within a subclass, determining their activity.

Our study suggests that 17-OH-hydroprogesterone and 19-norprogesterone derivatives, both progesterone derivatives, have a class effect on meningioma risk. Four of five progestogens belonging to the 17-OH-hydroprogesterone group have shown an increase in the risk of meningioma (supplementary table R). However, the fact that we found different sizes of risk appears to be more a question of duration and cumulative dose than that of belonging to a progestogen class. We could not draw any conclusions about hydroxyprogesterone (due to a lack of power), the fifth progestogen in the subclass, but its main indication (assisted reproductive technology) corresponded to fewer women exposed and very short exposure (approximately 15 days), which could explain why this drug differs from the others. Finally, to date, at the doses considered in the study, no excess risk of meningioma associated with testosterone derivatives has been shown. However, the risk of meningioma associated with the use of these derivatives at other doses and in other regimens needs to be investigated.

Strengths and limitations

To our knowledge, this study of meningioma risk is the first to expand the list of progestogens of interest beyond chlormadinone acetate, nomegestrol acetate, and cyproterone acetate, detailing the risk associated with each progestogen, with different modes of administration. This study was conducted on a national scale for women of all ages for both the cases and their controls. The SNDS database allowed the use of exhaustive real-world data from over a period of 12 years (2006-18; postoperative information was searched even up to 2022), thus preventing recall bias.

The exclusion of women with a pregnancy beginning in the two years preceding the index date ensured that estimates of the risks associated with progestogen use were reliable. Pregnancy is a unique state, affecting exposure to progestogens (of endogenous or exogenous origin), the likelihood of a meningioma appearing or increasing in volume, 9 58 59 and the likelihood of admission to hospital for surgery (possibly with a lower surgery rate, depending on the symptoms, maternal and foetal health, and tumour characteristics). 59

Another potentially important confounding factor, use of chlormadinone acetate, nomegestrol acetate, or cyproterone acetate, was considered in the analyses by modelling exposure to each progestogen of interest with a separate mode of prior or simultaneous exposure to these drugs. Furthermore, the results obtained for the negative and positive control exposure, including exposure to chlormadinone acetate, nomegestrol acetate, and cyproterone acetate, support the appropriateness of the method chosen for this study.

However, this study also had several limitations. As a result of the scarcity of historical data in the SNDS (which began in 2006, and did not have information for some reimbursement schemes during the first few years), we have only three years of lookback period for the oldest meningioma cases (2009-06), and 12 years for the most recent. The SNDS does not provide information on non-reimbursed drugs, which obliged us to study dienogest in association with oestrogen rather than dienogest alone. Further studies will therefore be necessary. Similarly, we were unable to study other progestogens, such as norgestimate, gestodene, and norethisterone, contained in non-reimbursed products (supplementary table B). Conversely, desogestrel is available and reimbursed in France. Its dosage is much lower and, thus, we chose not to study the drug. Further study to assess a dose-response association in the event of prolonged use would be needed. The progestogen implants (etonogestrel) are also rarely used in France, and concern young women, for whom the risk of meningioma is probably very low. 60 61 We have also not studied the risk associated with the use of hormonal intrauterine systems containing 19.5 mg levonorgestrel because its marketing in France was too recent (2018). However, any excess risk associated with the use of the levonorgestrel 19.5 mg intrauterine systems is unlikely because this dose of levonorgestrel is lower than that of the levonorgestrel 52 mg intrauterine systems, for which we observed no risk.

Moreover, the SNDS does not provide information on all the clinical details and medical indications for which progestogens are prescribed. These missing data mean assessing the risk-benefit ratio of prescriptions is not possible, which could be favourable in the absence of an effective alternative, for example, in the case of relief of endometriosis symptoms. We only have some indirect idea of the indication, depending on the age of the user, and the molecule used (progesterone is not indicated for endometriosis, for example, and dydrogesterone is indicated for endometriosis but is rarely used in this indication). Nevertheless, a risk-benefit assessment was not the aim of our study and will require further studies using other sources of data for product efficacy. Furthermore, no evidence suggests that an increase in meningioma risk depends on the medical indication for the progestogen prescription. In the study of Weill and colleagues in 2021, the excess risk of meningioma associated with the use of cyproterone acetate was equivalent for men and women, who, nevertheless, use cyproterone acetate for radically different indications. 5

In this study, only admission to hospital for meningioma surgery was used as the outcome of interest. However, meningiomas can also be treated with radiotherapy (in rare cases) or simply monitored. Therefore, this study is highly likely to have underestimated the prevalence of meningiomas attributable to the use of progestogens by limiting itself solely to symptomatic tumours that require surgery. However, using admission to hospital for surgery as the outcome ensured diagnostic specificity and thus limited classification bias. The SNDS does not specify the histological characteristics of the meningiomas or the isolated or multiple nature of the tumour, both of which are important criteria in determining severity and the choice of appropriate treatment. Nevertheless, for the cases selected for this study, WHO’s severity grade of the meningioma is coded via the main diagnosis, which is entered according to the ICD-10 code at the end of the hospital stay after a reading of the pathology report. As such, we had indirect information about the histology of the tumours.

Our study has several confounding factors. The two main risk factors identified for meningioma, in addition to age (which was considered in this study) and being female (only women were included in this study), are genetic predisposition, attributed, in particular, to hereditary mutations of the neurofibromatosis type 2 gene, and medical or environmental exposure to high doses of ionising radiation. Radiotherapy for brain cancer (especially during childhood) is probably the most important of the possible medical reasons for intracranial radiation exposure, but only a small proportion of individuals in the general population had cerebral radiotherapy or a malignant brain tumour during childhood.

The progestogens investigated in our study that did not result in an increase to risk of meningioma should be considered under the specific conditions of use in France. These results may not be generalised to the use of these progestogens for other indications, increased doses, or increased duration of use. Similarly, the use of one or more of these progestogens might increase the meningioma risk, when the patient had previously received another type of progestogen.

Prescribers need to be aware of previous progestogen use of any kind and any changes in type of progestogen prescribed that may have occurred and should consider the cumulative dose of progestogens for each patient. The list of progestogens we studied is wide ranging, covering a variety of indications (summarised in table 1 ) for women of all ages (childbearing, premenopausal, and menopausal). As in hormone replacement therapy for menopause, progestogens can be easily substituted for each other, and thus progesterone appears to be the safest alternative. For endometriosis, however, therapeutic alternatives are much more limited, and each indication must be discussed on the basis of the personal benefit to risk ratio. If a high risk progestogen is to be continued, clinical and radiological monitoring and compliance with recommendations are essential.

Finally, we did not estimate the effect of concomitant oestrogen use on the risk of meningioma. In a previous report, having a concomitant oestrogen prescription was weakly but significantly associated with meningioma risk, with an age adjusted hazard ratio of 1.6 (95% CI 1.1 to 2.4) for use of cyproterone acetate. In our previous studies, the simultaneous prescription of oestrogen with chlormadinone acetate (hazard ratio 0.8 (0.5 to 1.3)) and nomegestrol acetate (1.0 (0.7 to 1.7)) was not significantly associated with a risk of meningioma. 28 62 In addition, in these two studies, which were cohort studies of women initiating treatment with the progestogen considered, the proportion of women with a simultaneous prescription of oestrogen at the initiation of progestogen treatment was relatively low (6.8%, and 5.0%, respectively per study).

Conclusions

Prolonged use of medrogestone, medroxyprogesterone acetate, and promegestone was found to be associated with an increased risk of meningioma. Future studies should further clarify the association between the duration of use and risk for the progestogens studied, and extend the discussion of meningioma risk to dienogest and hydroxyprogesterone. Finally, no excess risk of meningioma was associated with the use of progesterone, dydrogesterone, or spironolactone, or the hormonal intrauterine systems used worldwide, regardless of the dose of levonorgestrel they contained.

Further studies are also needed to assess the meningioma risk with the use of medroxyprogesterone acetate, which, in this study, was considered at a dose of 150 mg and corresponded to a second line injectable contraceptive that is rarely used in France. Studies from countries with a broader use of this product, which, furthermore, is often administered to vulnerable populations, are urgently needed to gain a better understanding of its dose-response association.

What is already known on this topic

Known risk factors for intracranial meningioma include age, female sex, neurofibromatosis type 2, exposure to ionising radiation, and use of high dose progestogens: nomegestrol, chlormadinone, and cyproterone acetate

Many other progestogens are widely used for multiple indications for which the risk of meningioma associated with their use has not been estimated individually

What this study adds

Prolonged use of medrogestone (5 mg, oral), medroxyprogesterone acetate (150 mg, injectable), and promegestone (0.125/0.5 mg, oral) was found to be associated with an excess risk of intracranial meningioma

In countries for which the use of medroxyprogesterone acetate for birth control is frequent (74 million users worldwide), the number of attributable meningiomas may be potentially high

The results for oral, intravaginal, and percutaneous progesterone, as well as dydrogesterone and levonorgestrel intrauterine systems, are reassuring, supporting the absence of excess meningioma risk

Ethics statements

Ethical approval.

The present study was authorised by decree 2016–1871 on December 26, 2016. 27 As a permanent user of the SNDS, the author’s team was exempt from approval from the institutional review board. This work was declared, before implementation, on the register of studies of the EPI-PHARE Scientific Interest Group requiring use of the SNDS (register reference: EP-0437).

Data availability statement

Under the terms of the SNDS data use agreement, the complete study data cannot be shared with other investigators ( https://www.snds.gouv.fr ). However, the authors try to share publication related data as much as possible: algorithms and other additional information are provided in the supplemental data; aggregated data can be supplied upon request by contacting the corresponding author at noemie.roland{at}assurance-maladie.fr .

Acknowledgments

We thank Bérangère Baricault and Pauline Dayani for their help in responding to the reviewers, and Sylvie Fontanel and Emmanuelle Mignaton for reviewing the manuscript. We also thank Alex Edelman and Associates for proofreading the English version.

Contributors: AW had the idea for the study. NR, AN, LH, and AW conceived and planned the study. NR and AN drafted the manuscript. AN and LH performed the data management. AN, LH, and NR performed the statistical analyses. AW and MZ ensured project and study management. All authors approved the final manuscript. The corresponding author (NR) attests that all listed authors meet the authorship criteria and that no others meeting the criteria have been omitted. AW is the guarantor.

Funding: This research was funded by the French National Health Insurance Fund (Cnam) and the French National Agency for Medicines and Health Products Safety (ANSM) via the Health Product Epidemiology Scientific Interest Group (ANSM-Cnam EPI-PHARE Scientific Interest Group). NR, AN, and AW are employees of the French National Health Insurance Fund, MZ is an employee of the French National Agency for Medicines and Health Products Safety. The funders had no role in considering the study design or in the collection, analysis, interpretation of data, writing of the report, or decision to submit the article for publication.

Competing interests: All authors have completed the ICMJE uniform disclosure form at https://www.icmje.org/disclosure-of-interest/ and declare: support from French National Health Insurance Fund (Cnam) and the Health Product Epidemiology Scientific Interest Group (ANSM-Cnam EPI-PHARE Scientific Interest Group) for the submitted work, no financial relationships with any organizations that might have an interest in the submitted work in the previous three years, and no other relationships or activities that could appear to have influenced the submitted work.

Transparency: The lead author affirms that the manuscript is an honest, accurate, and transparent account of the study being reported, that no important aspects of the study have been omitted, and that any discrepancies from the study as originally planned (and, if relevant, registered) have been explained.

Dissemination to participants and related patient and public communities: The results were presented for the first time on 12 June 2023, at a meeting organised by the French National Agency for Medicines and Health Products Safety to invited patient association representatives, gynaecologists, endocrinologists, neurosurgeons, and general practitioners. The report on this study (in French) was than published on 26 June 2023, on the EPI-PHARE, ANSM (Agence nationale de sécurité du médicament et des produits de santé), and Cnam (Caisse nationale de l’assurance maladie) websites and was sent to the European Medicine Agency.

Provenance and peer review: Not commissioned; externally peer reviewed.

This is an Open Access article distributed in accordance with the Creative Commons Attribution Non Commercial (CC BY-NC 4.0) license, which permits others to distribute, remix, adapt, build upon this work non-commercially, and license their derivative works on different terms, provided the original work is properly cited and the use is non-commercial. See: http://creativecommons.org/licenses/by-nc/4.0/ .

• Ostrom QT ,
• Kruchko C ,
• Barnholtz-Sloan JS
• Kshettry VR ,
• Al-Mefty O ,
• Barnett GH ,
• Hoisnard L ,
• Laanani M ,
• Passeri T ,
• Mariniello G ,
• Guadagno E ,
• Barbato M ,
• Corvino S ,
• Del Basso De Caro M
• Baxter DS ,
• Rosenfeld JV ,
• Mathiesen T
• Casabella AM ,
• Urakov TM ,
• Pettersson-Segerlind J ,
• Mathiesen T ,
• Elmi-Terander A ,
• Degeneffe A ,
• De Maertelaer V ,
• De Witte O ,
• Michaud DS ,
• Schlehofer B ,
• Lemaire I ,
• Raffin Sanson ML
• Benson VS ,
• Kirichek O ,
• Korhonen K ,
• Raitanen J ,
• Haapasalo H ,
• Salminen T ,
• Wiepjes CM ,
• de Blok CJM ,
• Mikkelsen AP ,
• Greiber IK ,
• Scheller NM ,
• Lidegaard Ø
• Bernat AL ,
• Voormolen EHJ ,
• Champagne PO ,
• Pottegård A
• Lassalle R ,
• Billioti de Gage S ,
• Desplas D ,
• Baricault B ,
• Jabagi MJ ,
• Bertrand M ,
• Lassalle M ,
• Dray-Spira R
• Mansournia MA ,
• Hernán MA ,
• Greenland S
• ↵ JORF. Décret no 2016-1871 du 26 décembre 2016 relatif au traitement de données à caractère personnel dénommé “ système national des données de santé”» 2016-1871, JORF n°0301. 26 December 2016. https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000033702840
• Goldbrunner R ,
• Stavrinou P ,
• Jenkinson MD ,
• Lorenzetti M ,
• Franca RA ,
• Esposito F ,
• Gehring K ,
• Rutten GJM ,
• Sitskoorn MM
• Ruhland JM ,
• Wiestler B ,
• van der Vossen S ,
• Schepers VPM ,
• Berkelbach van der Sprenkel JW ,
• Visser-Meily JMA ,
• Skoglund T ,
• Neumann A ,
• Florea SM ,
• Abbritti R ,
• Gelbe Liste Online
• Duranteau L ,
• United Nations
• Maharani A ,
• Sujarwoto S ,
• ClinCalc DrugStats Database
• Daniels K ,
• Hensiek AE ,
• Kellerman AJ ,
• Wahyuhadi J ,
• Heryani D ,
• Malueka RG ,
• Hartanto RA ,
• Setyawan NH ,
• Abou-Al-Shaar H ,
• Wrigley R ,
• Mallela AN ,
• Zenonos GA ,
• Pozzati E ,
• Zucchelli M ,
• Schiavina M ,
• Contini P ,
• Foschini MP
• McCloskey LR ,
• Wisner KL ,
• Cattan MK ,
• Betcher HK ,
• ↵ The Food and Drug Administration (FDA). Federal register. 2008. Guidance for industry on diabetes mellitus-evaluating cardiovascular risk in new antidiabetic therapies to treat type 2 diabetes. https://www.federalregister.gov/documents/2008/12/19/E8-30086/guidance-for-industry-on-diabetes-mellitus-evaluating-cardiovascular-risk-in-new-antidiabetic
• Furberg CD ,
• Herrington DM ,
• Schindler AE ,
• Campagnoli C ,
• Druckmann R ,
• Sitruk-Ware R ,
• Stanczyk FZ ,
• Hapgood JP ,
• Mishell DR Jr .
• Palacios S ,
• Hipolito Rodrigues MA ,
• Carbone L ,
• Le Guen M ,
• Rouzaud-Cornabas M ,
• Health Barometer group 2016

• SUGGESTED TOPICS
• The Magazine
• Newsletters
• Managing Yourself
• Managing Teams
• Work-life Balance
• The Big Idea
• Data & Visuals
• Reading Lists
• Case Selections
• HBR Learning
• Topic Feeds
• Account Settings
• Email Preferences

Creating a Corporate Social Responsibility Program with Real Impact

• Emilio Marti,
• David Risi,
• Eva Schlindwein,
• Andromachi Athanasopoulou

Lessons from multinational companies that adapted their CSR practices based on local feedback and knowledge.

Exploring the critical role of experimentation in Corporate Social Responsibility (CSR), research on four multinational companies reveals a stark difference in CSR effectiveness. Successful companies integrate an experimental approach, constantly adapting their CSR practices based on local feedback and knowledge. This strategy fosters genuine community engagement and responsive initiatives, as seen in a mining company’s impactful HIV/AIDS program. Conversely, companies that rely on standardized, inflexible CSR methods often fail to achieve their goals, demonstrated by a failed partnership due to local corruption in another mining company. The study recommends encouraging broad employee participation in CSR and fostering a culture that values CSR’s long-term business benefits. It also suggests that sustainable investors and ESG rating agencies should focus on assessing companies’ experimental approaches to CSR, going beyond current practices to examine the involvement of diverse employees in both developing and adapting CSR initiatives. Overall, embracing a dynamic, data-driven approach to CSR is essential for meaningful social and environmental impact.

By now, almost all large companies are engaged in corporate social responsibility (CSR): they have CSR policies, employ CSR staff, engage in activities that aim to have a positive impact on the environment and society, and write CSR reports. However, the evolution of CSR has brought forth new challenges. A stark contrast to two decades ago, when the primary concern was the sheer neglect of CSR, the current issue lies in the ineffective execution of these practices. Why do some companies implement CSR in ways that create a positive impact on the environment and society, while others fail to do so? Our research reveals that experimentation is critical for impactful CSR, which has implications for both companies that implement CSR and companies that externally monitor these CSR activities, such as sustainable investors and ESG rating agencies.

• EM Emilio Marti is an associate professor at the Rotterdam School of Management, Erasmus University. His research focuses on corporate sustainability with a specific focus on sustainable investing.
• DR David Risi is a professor at the Bern University of Applied Sciences and a habilitated lecturer at the University of St. Gallen. His research focuses on how companies organize CSR and sustainability.
• ES Eva Schlindwein is a professor at the Bern University of Applied Sciences and a postdoctoral fellow at the University of Oxford. Her research focuses on how organizations navigate tensions between business and society.
• AA Andromachi Athanasopoulou is an associate professor at Queen Mary University of London and an associate fellow at the University of Oxford. Her research focuses on how individuals manage their leadership careers and make ethically charged decisions.

Partner Center

Sustainable, inclusive housing growth: A case study on Columbus, Ohio

Over the past two decades, the Columbus region has enjoyed outsize population and economic growth compared with leading peer cities and the US average. 1 In this article, “Columbus” refers to the Columbus metropolitan statistical area unless otherwise specified. See “Ohio Metropolitan Statistical Areas (MSAs),” Ohio Department of Job and Family Services, Office of Workforce Development, accessed June 22, 2023. Yet growth has come at a cost—specifically by outpacing the region’s supply of available housing. Home and rental prices have soared as stock has been depleted, making homeownership—and sometimes even having a roof over one’s head—increasingly out of reach for many people, particularly those from historically marginalized communities.

About the authors

This article is a collaborative effort by Brandon Carrus , Seth Myers , Brian Parro, Duwain Pinder , and Ben Safran, representing views from McKinsey’s Social Sector Practice.

In just this past decade, the increase in housing prices and rents has dramatically outpaced household income. Additionally, the region’s population of people experiencing homelessness (PEH) has grown faster than those of its US peers in recent years. The region’s challenges have a disproportionate impact on historically marginalized populations (such as Black and Hispanic residents), who have a dramatically lower likelihood of being a homeowner and a much higher likelihood of experiencing homelessness. Amid ongoing rapid growth, the need for affordable housing and support services for PEH will only continue to increase unless significant action is taken. 2 HUD defines affordable housing as “housing on which the occupant is paying no more than 30 percent of gross income for housing costs, including utilities.” See “Glossary of terms to affordable housing,” HUD, accessed June 22, 2023.

Columbus is a microcosm of the United States’ housing insecurity plight. While many major cities are receiving national press coverage for this issue, housing insecurity is a humanitarian challenge facing communities of all sizes across the country. The National Association for Home Builders estimates that about 70 percent of US households cannot afford a new home at the national median price. 3 NAHBNow , “Nearly 7 out of 10 households can’t afford a new median-priced home,” blog entry by National Association of Home Builders, February 15, 2022. In 2022, US home vacancy rates were at their lowest levels since 1987, 4 “Home vacancy rate for the United States,” US Census Bureau, retrieved from Federal Reserve Bank of St. Louis (FRED) June 22, 2023. and the country is estimated to have a shortage of 6.5 million housing units. 5 Anna Bahney, “The US housing market is short 6.5 million homes,” CNN, March 8, 2023. Renters are also facing increased pressure nationally: 23 percent spend at least half of their income on housing costs, 6 Katherine Schaeffer, “Key facts about housing affordability in the U.S.,” Pew Research Center, March 23, 2022. rendering them “severely rent burdened” as defined by the US Department of Housing and Urban Development (HUD). 7 “Rental burdens: Rethinking affordability measures,” PD&R Edge, accessed June 22, 2023.

As in many regions in the United States, the primary contributors to the housing shortage in Columbus are embedded within deeply vexing economic and social issues, including stagnating incomes, racial gaps in homeownership, and access to financing and services.

As Columbus charts a growth strategy for the decades ahead, addressing housing and homelessness will be an essential component in realizing the goal of prosperity for all. Today, Columbus is projected to have a shortage of as much as 110,000 housing units by 2032. 8 Vogt Strategic Insights, “Analysis of housing need for the Columbus region,” Building Industry Association of Central Ohio, August 30, 2022. Without an increase in the supply of housing, Columbus may struggle to continue on a growth trajectory. Specifically, we have identified four priority interventions designed to work in concert to increase housing stock, keep rents affordable, and help more people, including historically marginalized populations, access the housing market:

• Tap into existing housing capacity potential. Public–private collaboration on policies can identify land available for housing either as underused property or as part of broader rezoning efforts to increase the supply of homes, which is a requirement for sustained economic growth.
• Reduce the cost of new construction. Promising cost-reduction opportunities include simplifying the permit process and engaging builders with expertise in cost-effective construction methods.
• Support homebuyers and renters. Local government and policy makers can expand resources and consider policies that support public- and private-sector initiatives to improve homeownership rates, assist with rental affordability, and reduce the risk of homelessness.
• Prioritize tackling homelessness. Alleviating homelessness requires increasing awareness of currently available resources for PEH and expanding relief funds to assist residents with affordable housing, healthcare support, training for employment, and other resources critical to reducing homelessness.

Many local leaders are well aware of the challenges that can result from booming growth. The policy-neutral research presented in this article is intended to complement the work already under way by leaders in the city of Columbus and surrounding areas to inform decision making about the housing shortage, affordable housing, and homelessness. 9 For example, see Bonnie Meibers, “Columbus details plan to build, preserve and invest in inclusive affordable housing,” Columbus Business First , June 27, 2022; Bonnie Meibers, “Columbus City Council announces 12-part plan to combat affordable housing shortage,” Columbus Business First , March 16, 2023; Bonnie Meibers, “The Punch List: Columbus lays out new solutions to housing crisis,” Columbus Business First , October 24, 2022; Mark Ferenchik, “Worthington considering asking for $1.1M affordable housing bond issue on November ballot,” Columbus Dispatch , January 16, 2023. In the process, we believe the Columbus region’s approach to housing could both build on and inform the economic development strategies of other regions across the country—with successes offering a potential blueprint for progress.

The fastest-growing region in the Midwest

From 2000 to 2021, the Columbus Region’s population increased by a third, adding more than 500,000 people and becoming the fastest-growing metropolitan statistical area (MSA) in the Midwest. 10 “Resident population in Columbus, OH (MSA) [COLPOP],” US Census Bureau, retrieved from FRED April 7, 2023. Includes MSAs with populations greater than one million. Midwest defined as Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Ohio, Nebraska, North Dakota, South Dakota, and Wisconsin. See “Resident population in Columbus,” retrieved April 7, 2023; Factbook 2020 , City of Columbus, accessed June 22, 2023. In September 2022, Columbus was named the fifth-hottest housing market in the United States, driven by the speed of home sales and demand. 11 “CAGDP1 County and MSA gross domestic product (GDP) summary,” US Bureau of Economic Analysis, accessed May 12, 2023; “Table 1.1.6. Real Gross Domestic Product, Chained Dollars,” US Bureau of Economic Analysis, accessed May 12, 2023.

This growth was precipitated by, and continues to benefit from, the region’s mounting economic strength: from 2008 through 2021, Columbus outpaced national GDP growth by almost ten percentage points. 12 “Total gross domestic product for Columbus, OH (MSA) [NGMP18140],” US Bureau of Economic Analysis, retrieved from FRED June 23, 2023; “Gross domestic product [GDP],” US Bureau of Economic Analysis, retrieved from FRED June 23, 2023. Growth has also been bolstered by more-recent major commercial investments from a range of industries, including semiconductors, financial services, and biopharmaceuticals. 13 “Intel breaks ground in Ohio,” JobsOhio, accessed June 22, 2023; “Project announcements,” One Columbus, accessed June 22, 2023; “Western Alliance Bank expands into the Columbus Region, creating 150 new jobs at new technology hub,” One Columbus, January 9, 2023; “Discover plans to open a customer care center in Whitehall to bring high-quality jobs and enhance equity in the Columbus Region,” One Columbus, November 18, 2022.

Growing pains: Coping with rapid growth

The population influx has measurably strained Columbus’s residential real estate and rental markets, particularly for people of color. Increasing housing supply is a critical enabler for the region’s continued growth trajectory.

Increasing housing supply is a critical enabler for the region’s continued growth trajectory.

Rapidly rising home prices. Although the region remains relatively affordable compared with leading peers, home prices have skyrocketed in relation to incomes. Data from Zillow reveal that roughly a decade ago, the growth of median household incomes in Columbus and the value of the city’s “lower tier” housing stock began to diverge (Exhibit 1). In the ten years since then, lower-tier housing prices within the city’s boundaries increased at 1.9 times the growth of median household income—an unsustainable divergence. 14 Zillow Home Value Index (ZHVI) All Homes - Bottom Tier Time Series, accessed April 19, 2023. A cavalry in the form of new-housing construction may be slow to arrive: from 2004 to 2022, annual construction of new single-family homes in Columbus fell by 34 percent, and it has yet to return to pre-2004 levels. 15 “B19013 Median household income in the past 12 months,” ACS 5-Year Estimates 2016–21, American Community Survey, US Census Bureau. In fact, for every 100 net new jobs in the region, only 65 new housing permits were issued. 16 Analysis of housing need for the Columbus region , Vogt Strategic Insights, August 30, 2022.

Rent increases outpacing wage increases. Renters in Columbus have also seen a price surge.

Rent prices in Columbus increased by about 35 percent between December 2016 and December 2021, exceeding median household income growth in that period by 11 percentage points (Exhibit 2). As a result, by 2021, approximately 40 percent of renters in Columbus were spending more than 30 percent of their income on rent, meeting HUD’s definition of “rent burdened.” 17 “Gross rent as a percentage of household income,” 2021: ACS 5-Year Estimates, American Community Survey, US Census Bureau. And renters account for a significant percentage of residents: as of 2021, nearly 40 percent of total households in the metro area were rentals, which is comparable to other fast-growing US regions such as Austin (around 41 percent) and Miami (about 40 percent) but much higher than similar sized regions such as Pittsburgh (around 29 percent) and Indianapolis (about 32 percent). 18 “B25008 Total population in occupied housing units by tenure,” 2021: ACS 1-Year Estimates, American Community Survey, US Census Bureau.

More people experiencing homelessness.

Columbus outpaced its US peers in the growth of its PEH population from 2008 through 2022 (Exhibit 3), and early reports indicate homelessness was up 22 percent in January 2023 compared with January 2022. 19 “Columbus region leaders introduce new action on homelessness: Funding for programs and services introduced as data shows increase in homeless count,” Community Shelter Board, June 6, 2023. McKinsey research on homelessness in the Bay Area indicates that homelessness is a result of a range of disparate triggers, including economic issues (such as job loss, raised rent, or foreclosure), health factors (such as substance abuse or mental illness), and social factors (for example, incarceration or domestic violence). 20 For more, see “ The ongoing crisis of homelessness in the Bay Area: What’s working, what’s not ,” McKinsey, March 23, 2023. A brief but significant drop in the number of PEH in Columbus in 2021 is likely attributable to additional support during the pandemic (for example, eviction moratoriums and stimulus payments). Still, as of 2022, Columbus had the fastest-growing PEH population among its peers.

Columbus outpaced its US peers in the growth of its PEH population from 2008 through 2022, and early reports indicate homelessness was up 22 percent in January 2023 compared with January 2022.

Disproportionate effect on historically marginalized communities. The racial disparities that plague many leading US regions are also starkly apparent in Columbus. Some historically marginalized groups are less likely to be homeowners: one-third of the region’s Black households own their homes, compared with more than two-thirds of White households (Exhibit 4). Black household incomes in the region are also about 42 percent lower than those of White households. 21 “S1903 Median income in the past 12 months (in 2021 inflation-adjusted dollars),” 2021: ACS 1-Year Estimates, American Community Survey, US Census Bureau.

In addition, Black residents account for 16 percent of Columbus’s general population but 60 percent of the homeless population. 22 “DP05 ACS demographic and housing estimates,” 2021: ACS 5-Year Estimates Data Profiles, American Community Survey, US Census Bureau; “PIT and HIC data since 2007,” HUD Exchange, February 2023. And even when people in these communities have housing, Black households are almost five times more likely to be overcrowded (more than one occupant per room) than White households. 23 “B25014B Occupants per room (Black or African American alone householder),” 2021: ACS 5-Year Estimates, American Community Survey, US Census Bureau; “B25014A Occupants per room (White alone householder),” 2021: ACS 5-Year Estimates, American Community Survey, US Census Bureau. These disparate experiences in different communities are reflected in other metrics of financial and housing stability, including income and the ability to pass on generational wealth. 24 “B19013B Median household income in the past 12 months (in 2021 inflation-adjusted dollars) (Black or African American alone householder),” 2021: ACS 5-Year Estimates, American Community Survey, US Census Bureau; “B19013A Median household income in the past 12 months (in 2021 inflation-adjusted dollars) (White alone householder),” 2021: ACS 5-Year Estimates, American Community Survey, US Census Bureau; Jung Hyun Choi, Laurie Goodman, and Jun Zhu, Intergenerational homeownership: The impact of parental homeownership and wealth on young adults’ tenure choices , Urban Institute, October 2018.

These disproportionate effects have wide-ranging impact, including on overall economic growth. PolicyLink and the USC Equity Research Institute estimate that the racial gap in Columbus is costing the region’s economy $10 billion annually. 25 Erica Thompson and Mark Williams, “Racial inequities costs Columbus economy $10 billion a year, report finds,” Columbus Dispatch , updated May 12, 2022.

Four interventions to address Columbus’s housing challenges

Housing is a critical enabler for economic growth—and Columbus’s housing challenges are no secret. Local leaders, organizations, and partnerships have long worked to improve housing security directly. Advocates and organizations have all published research on housing and homelessness, including the Mid-Ohio Regional Planning Commission, the Coalition on Housing and Homelessness in Ohio, the Affordable Housing Trust for Columbus & Franklin County, the Center for Social Innovation, and the Community Shelter Board of Columbus. 26 Healthy Beginnings at Home: Final report , CelebrateOne and the Health Policy Institute of Ohio, June 2021; Regional Housing Strategy final report: Central Ohio , Mid-Ohio Regional Planning Commission, September 2020; Annual report 2021: Preserving, creating & facilitating , Affordable Housing Trust for Columbus and Franklin County, 2021; Columbus, Ohio: Initial findings from quantitative and qualitative research , Supporting Partnerships for Anti-Racist Communities (SPARC), Center for Social Innovation, May 2018. Yet the latest estimates show that the region could need as many as 110,000 housing units beyond the current run rate by 2032 to cover expected job growth. This would require more than doubling the construction rate, from around 8,300 units per year to as many as 19,300 per year. 27 Analysis of housing need for the Columbus region , Vogt Strategic Insights, August 30, 2022.

After reviewing the available research, examining the actions taken by other local governments, and drawing on our experience in the real estate and public sectors, we have identified four key interventions that can augment existing efforts to address Columbus’s housing challenge: tap into existing housing capacity potential, reduce the cost of new construction, support homebuyers and renters, and prioritize tackling homelessness.

Tap into existing housing capacity potential

Zoning regulates how land is used, where residential or commercial buildings may be constructed, and the density of new developments, making it a key lever in changing a city’s residential landscape. The city of Columbus spans 220 square miles of central Ohio, and it has 50 more square miles of single-family zoning than multifamily zoning. 28 Nicholas Julian, “Zoning in Columbus: Single-family vs. multifamily,” Ohio Housing Finance Agency, April 2, 2019; “QuickFacts: Columbus city, Ohio,” US Census Bureau, accessed June 22, 2023. Increasing density and creating housing “hot spots” are both potential options for Columbus to address current housing supply challenges.

Increased housing density. Zoning has a direct impact on housing density. In Washington, DC, for example, areas zoned for detached single-family units typically consist of up to 1,200 units per square mile, 29 Yesim Sayin, “Single-family zoning and neighborhood characteristics in the District of Columbia,” D.C. Policy Center, July 17, 2019. compared with up to 40,000 units per square mile in large multifamily buildings. But zoning in most US cities largely restricts higher-density homes. Three-quarters of the land in US cities is barred from development for anything other than detached single-family homes—and where multifamily buildings are allowed, height and lot size requirements hurt the economic calculus for development. 30 Jenny Schuetz, “To improve housing affordability, we need better alignment of zoning, taxes, and subsidies,” Brookings Institution, January 7, 2020. Specific zoning adjustments could contribute directly to closing the housing gap, not just in the city limits but also in the surrounding suburbs. For example, a recent analysis by the Columbus Dispatch found that zoning contributed to the lack of affordable housing options in Upper Arlington, New Albany, and suburbs in Delaware County. 31 Jim Weiker, “Columbus suburbs offer few affordable housing options,” Columbus Dispatch , May 4, 2023. High-density zoning can be a meaningful part of a community’s housing ecosystem to enable future growth.

‘Housing hot spots’ created by reusing and rezoning underused property. To help alleviate the shortage of homes in the near term, municipalities can also identify potentially high-impact housing areas by reviewing the zoning of properties that meet criteria for vacant or underutilized land, homes with room for more units, and more. This approach has been used elsewhere to great effect. An analysis of three counties in California found room for more than five million new units, 32 Jonathan Woetzel, Jan Mischke, Shannon Peloquin, and Daniel Weisfield, “ Closing California’s housing gap ,” McKinsey Global Institute, October 24, 2016. and separate efforts are under way in New York City and Los Angeles to rezone underused commercial zones for residential or mixed use—making more space available for housing construction without needing to expand a city’s footprint. 33 “Mayor Adams unveils recommendations to convert underused offices into homes,” City of New York, January 9, 2023; “Adequate sites for housing,” 2021–2029 Housing Element , Los Angeles City Planning, November 2021.

Reduce the cost of new construction

A priority for the Columbus region will be reducing the cost of new construction to accelerate the pace of development. Programs that accelerate construction, reduce permit fees, or otherwise defray development costs are common levers to help reduce the cost of affordable housing. Several approaches can be prioritized to address the challenges facing Columbus and other US regions.

Innovative, cost-saving construction techniques and builders. As in many areas of the United States, inflation drove up the cost of building materials, labor, and financing in Columbus by as much as 18 percent between 2021 and 2022. 34 “How much does it cost to build a house in Columbus?,” Home Builder Digest , accessed June 23, 2023. Innovative, low-cost approaches such as modular and prefabricated construction can help; in our experience, when applied at large scale, these techniques can reduce the cost of construction materials by up to 20 percent and decrease build time by 20 to 50 percent without sacrificing build quality. 35 Modular construction: From projects to products , McKinsey, June 18, 2019. This is especially true with projects featuring repeatable elements, such as schools and affordable housing.

Columbus, specifically, can establish itself as a center of excellence for modular and prefabricated construction by leveraging the region’s transportation network (such as railroads and highways) to efficiently transport modular units into the region. The region can further attract builders that use these construction techniques by offering tax incentives, investing in land and modular units at scale, reskilling the labor force, and streamlining the approval process to help drive affordable housing growth. These and other approaches could improve the economics for these kinds of construction projects almost immediately once implemented. For example, Portland, Oregon, made changes to its design review process to allow mixed-use and multifamily projects to go directly to the permit process, saving developers time and money by decreasing their financing costs. Local governments in the Columbus region can further improve the economics of housing development by producing and holding off-the-shelf design schematics that can easily be used by prospective housing-unit developers.

Reduced development costs. Identifying parcels of public land for housing development could defray the overall cost of new projects in addition to rezoning efforts. Some cities, including Copenhagen, London, New York City, and Stockholm, have established professional management of their publicly owned land, allowing them to identify suitable city-owned sites for affordable developments. 36 “ Affordable housing in Los Angeles: Delivering more—and doing it faster ”, McKinsey Global Institute, November 21, 2019.

Accelerating the construction permit process could help reduce lengthy permit timelines that both create delays and increase developers’ costs. Under Columbus’s permit approval system, new-construction permits can take six to nine months. In fast-growing metro areas elsewhere in the United States, permits can take as little as a few weeks—a disparity that the City of Columbus is reviewing as part of its longer-term affordable-housing initiatives. 37 Allen Henry, “Columbus to overhaul zoning code for first time in 70 years,” NBC4 WCMH-TV, October 20, 2021. The Affordable Housing Trust in Columbus has launched the Emerging Developers Accelerator Program to provide education and funding for minority developers. 38 Jim Weiker, “New program seeks to build ranks of minority and female developers,” Columbus Dispatch , updated May 18, 2022. Yet the holding costs due to the lengthy time horizon between initial plans and selling the first house keep many potential developers out of the business.

Reduced development finance costs and fees. Financing costs and government taxes tend to be a heavy burden on housing developers. Legal agreements and public financing tools, such as joint powers authorities (JPAs) and tax increment financing (TIF) programs, provide incentives for public and private partners to collaborate in the development of affordable housing. In instances where traditional incentives and subsidies are unable to produce the desired outcomes, JPAs enable the city, partnered with a developer, to issue bonds and use its property tax exemption to purchase a property or finance the creation of a new development process. As part of the acquisition process, the JPA agrees to restrict the rent of a set number of units in line with affordable-housing standards. This approach is unlike traditional affordable-housing projects in that long-term ownership rests with the city, with an option to purchase the property back from the JPA after a set period.

JPAs are eligible for significant tax exemptions on their properties, with the added benefit that these savings are passed on to renters. Bond financing can also be tax-exempt given that governmental bodies have the authority to issue tax-exempt bonds for facilities that provide a public benefit. 39 “Portantino bill creating regional affordable housing trust passes assembly local government committee,” Senator Anthony J. Portantino, California State Senate, June 9, 2022; Brennon Dixson et al., The ABCs of JPAs , SPUR and the Terner Center for Housing Innovation, June 2022. In California, the Burbank-Glendale-Pasadena Regional Housing Trust is leveraging these benefits to address barriers to building nearly 3,000 affordable-housing units in the region. 40 “Newsom signs Portantino bill creating Pasadena-Glendale-Burbank affordable housing trust,” Pasadena Star-News , August 24, 2022. The JPA will be allowed to request and receive private and state funding allocations, as well as authorize and issue bonds, to help finance affordable-housing projects.

As another option, TIF districts enable cities to freeze property tax revenue at current levels and use incremental tax revenue generated from a development to reimburse the developer’s costs over time. In 2018, for example, the City of Chicago approved TIF measures for The 78, a $7 billion mixed-use project to transform a former railroad property into 13 million square feet of residential, commercial, and institutional construction with a 20 percent commitment for affordable-housing units. According to plans, this TIF district will reimburse around $551 million in future increments for the construction of new infrastructure related to this project, including a new subway station, street improvements and extensions, and riverfront renovations. 41 “The 78,” Department of Planning and Development, City of Chicago, accessed June 23, 2023.

Support homebuyers and renters

In conjunction with initiatives that improve the supply of affordable housing, Columbus can explore approaches that improve an individual’s ability to pay for housing. The region can take these approaches in tandem to reduce the risk that demand will outpace supply and drive up prices on housing, making it even more unaffordable.

Homebuyer assistance from the public sector. Increasing investment in housing programs could help broaden the range of homes applicants can consider purchasing. For example, the City of Columbus’s Housing Division currently offers homebuyer assistance under its American Dream Downpayment Initiative (ADDI), which provides eligible first-time homebuyers with a loan of up to 6 percent of the purchase price (or up to $7,500) to put toward their down payment. 42 “American Dream Downpayment Initiative (ADDI) Program,” City of Columbus, accessed June 23, 2023. This loan is forgiven after five years if the resident meets certain requirements, including maintaining residency and not selling the property.

In Cleveland, Cuyahoga County’s Down Payment Assistance Program covers up to 10 percent of a home’s purchase price (or up to $16,600). 43 “Cuyahoga County Down Payment Assistance Program,” CHN Housing Capital, accessed June 23, 2023. This higher amount is especially significant given that the median sale price for a home in Columbus was $250,000 in December 2022, compared with $175,000 in Cuyahoga County and $115,000 in Cleveland itself. 44 “Columbus housing market,” Redfin, accessed June 23, 2023. The down payment program available in Cleveland provides greater assistance in real dollars in an area where those dollars can go further than in Columbus. Beyond affordable housing, assistance in the form of microloans and flexible funding programs have been shown to enable this transition. 45 Interval House, “How flexible funding can create stability and prevent homelessness,” Long Beach Community Foundation, accessed June 23, 2023.

Increasing the amount of assistance available could help broaden the options available to prospective homebuyers who could benefit from programs such as these, especially for historically marginalized communities that tend to have much lower rates of homeownership.

Rental assistance from the public sector. Some 54,000 households in the Columbus region are spending more than half their monthly incomes on rent, making rental assistance a cornerstone of the effort to improve housing affordability in the region. 46 Homeport website, US Department of Homeland Security and the United States Coast Guard, accessed June 23, 2023. Today, the State of Ohio and Franklin County have a number of rental assistance programs, including specific funds to help families, seniors, and veterans. 47 “Rent assistance providers,” Rentful, accessed June 23, 2023. Alternative programs, including flexible funding that allows for short-term, flexible financial assistance, could help stabilize individuals’ housing needs. 48 “How flexible funding can create stability,” accessed June 23, 2023.

Additionally, HUD subsidizes rent for low-income families. 49 A family’s income may not exceed 50 percent of the median income for the county or metropolitan area in which the family chooses to live, and 75 percent of vouchers must be provided to applicants whose income does not exceed 30 percent of the area median income. For more, see “Housing choice vouchers fact sheet,” HUD, accessed June 23, 2023. For fiscal year 2023, Columbus is allocated to receive approximately $12.7 million dollars in HUD funding for housing programs—approximately 16 percent more than Austin and 35 percent more than Denver 50 “Community Development Block Grant Program,” HUD, updated December 22, 2022; “HOME Investment Partnerships Program,” HUD, updated December 22, 2022; “Community planning and development formula program allocations for FY 2023,” HUD, updated May 3, 2023. —but the need for housing support exceeds the availability of funding. Columbus and Franklin County have also received more than $120 million combined due to the reallocation of unused federal COVID-19 relief funds to fight evictions, a majority of which is expected to go toward rent and utility assistance for low-income residents. 51 Bill Bush, “Columbus, Franklin County get over $120 million windfall in federal rental assistance,” Columbus Dispatch , May 8, 2023.

In addition, the Columbus City Council has made it illegal to deny a lease based on the source of a potential tenant’s rental payment—an effort to prevent landlords from denying leases to tenants using Section 8 subsidies. 52 Yilun Cheng, “Some landlords reject Section 8 renters despite Columbus law against discrimination,” Columbus Dispatch , February 8, 2022. The Columbus Metropolitan Housing Department has even offered cash incentives to landlords, and nonprofits have offered home upgrades in attempts to persuade more landlords to accept vouchers. 53 Jamilah Muhammad, “Central Ohio mother struggles to find homes accepting HUD vouchers,” Spectrum News 1, December 1, 2021. However, while these vouchers can effectively keep people housed, wait times to obtain them can be as long as 12 months. And about 30 percent of vouchers have expired over the past three years because participants could not find landlords in time. 54 “Some landlords reject Section 8 renters,” February 8, 2022. Streamlining the process from application to placement in subsidized housing could increase the impact of housing choice vouchers.

Potential interventions from the private sector

The private sector can take an active role in ensuring housing stability for both their employees and the communities where they operate by investing in and implementing sustainable-housing initiatives.

Three actions offer the potential for significant impact:

• Offer housing assistance to employees. To build effective assistance plans, businesses can assess the specific needs of their employees and design targeted assistance, including employee housing, emergency housing assistance, down-payment assistance, and mortgage rate subsidies. Sugar Bowl Resort in California offers an array of affordable employee housing options near the resort. 1 “Employee housing,” Sugar Bowl Resort, accessed June 23, 2023. In Ohio, MetroHealth launched an employer-assisted housing program (EAHP), providing eligible employees $20,000 toward the purchase of a home near the hospital’s campus. 2 “MetroHealth System employees to receive up to $20,000 to buy a home near West 25th Street main campus,” MetroHealth System, June 24, 2019. Similarly, Habitat for Humanity in Dallas, Texas, started an EAHP with up to $13,000 in a forgivable loan for down payment assistance. 3 Lin Grensing-Pophal, “Employers begin offering home-buying support benefits,” SHRM, November 8, 2022.
• Invest in increasing the supply of affordable housing. Businesses can invest in building new affordable-housing units in their communities. UnitedHealthcare has invested nearly $800 million to create approximately 19,000 housing units across the United States. 4 “Building health equity with $100 million in housing,” United HealthCare Services, July 6, 2022. In Columbus, Nationwide Children’s Hospital invests in the Healthy Neighborhoods Healthy Families initiative, which aims to increase access to and supply of affordable housing. And as businesses navigate a new hybrid phase of work and reassess their footprint needs, affordable housing is a powerful way to invest in and repurpose excess space. In Columbus, the owners of Continental Centre and PNC Tower have started converting office space to residential, creating hundreds of new rental units. 5 Dean Narciso, “Nationwide Children’s Hospital builds homes in South Linden with $4.2 million fund,” Columbus Dispatch , June 24, 2021.
• Focus on affordable housing in site selection. Businesses can select sites for new locations based on availability of affordable housing, as well as give preference in requests for proposal (RFPs) to commercial real estate owners who invest in expanding affordable housing. 6 Bonnie Meibers, “Chase Tower in downtown Columbus could be converted from office to residential,” Columbus Business First , updated May 23, 2023.

Housing assistance from the private sector. Private-sector employers in Columbus and across the United States play a crucial role in helping employees maintain stable housing by providing appropriate compensation. However, simply paying employees a living wage may not be enough to ensure stable housing in the face of unexpected expenses or other financial difficulties. A recent Harvard Business Review article suggests that any investment in housing assistance can both attract new workers (a growing challenge for companies across the United States, with ten million unfilled jobs 55 “Total unfilled job vacancies for the United States,” Organisation for Economic Co-operation and Development, retrieved from FRED July 7, 2023. ) and increase the productivity of existing workers (for example, by creating a shorter commute or reducing stresses related to housing affordability). 56 Edward L. Glaeser and Atta Tarki, “What employers can do to address high housing costs,” Harvard Business Review , March 14, 2023. Other housing-security interventions—such as housing search and placement services, access to shower facilities, or even temporary hotel rooms—can support employees more quickly than local social services and also reduce employee turnover. Some corporate programs can provide immediate relief to recipients, while others can provide long-term benefits to at-risk individuals over the course of several years (see sidebar, “Potential interventions from the private sector”).

Any investment in housing assistance can both attract new workers and increase the productivity of existing workers.

Employers also can collaborate to provide a broader set of resources to employees. In Cleveland, for example, the Greater Living Circle offers financial assistance for home purchase, rent, and renovation projects for employees of nonprofit institutions in the Greater University Circle area, including in low-income neighborhoods. Such collaboration is also the goal of the Columbus Regional Housing Coalition, a task force focused on convening leaders across the region to address the region’s housing and homelessness challenges.

Prioritize tackling homelessness

Homelessness across the region served by the Columbus and Franklin County, Ohio Continuum of Care has increased by 33 percent in the past decade 57 The Columbus and Franklin County, Ohio Continuum of Care is the organization that oversees programs funded by HUD in the region. ; in January 2023, more than 2,300 people in the region were experiencing homelessness. 58 “Columbus region leaders introduce new action on homelessness,” June 6, 2023.

Improving awareness of available resources and expanding access to essential resources—such as healthcare, transitional housing, and training programs—can help alleviate challenges for PEH and reduce the homelessness rate across the region.

Improve awareness of existing resources. A recurring problem in approaches to homelessness is a lack of public awareness of resources available to PEH. This is especially a concern among people who have recently lost their source of housing, including young people (aged 18–24). Partnering with other organizations to increase awareness of and augment available resources can equip individuals with the means to self-resolve or seek help earlier. Even initiatives that partner with existing organizations can provide immediate relief. For example, in December 2022, the City of Columbus partnered with Columbus Coalition for the Homeless to launch an interactive map showing the locations of warming centers and homeless shelters to help individuals find places to keep warm in the winter months.

Expand essential resources to alleviate homelessness. Expanding access to essential resources will be necessary to combat the increase in homelessness. Health resources make it much more likely that PEH will remain housed after securing a more permanent living situation. For PEH who have health issues such as substance abuse or severe mental health disorders, long-term health-focused housing should be considered. Efforts that expand housing with easily available healthcare resources could provide both immediate and gradually increasing support in reducing chronic homelessness. These resources can be combined with existing techniques for ensuring PEH have the resources they need to secure permanent housing. Other innovative solutions such as alternatives to traditional security deposits and credit scores can support PEH who may not have enough savings for a security deposit or the credit history to be approved for a loan.

One emerging strategy is providing training to PEH by placing them in some form of transitional housing and helping them find employment so that they can remain housed. Portland, Oregon, and other cities have also amended zoning to allow for more homeless shelters and more flexible group living, while increasing access to resources PEH may need. 59 “Warming stations,” City of Columbus, accessed June 23, 2023; Lindsey Mills, “Columbus leaders, community partners launch interactive map for warming centers, homeless shelters,” WBNS-TV, December 19, 2022. In Columbus, the Community Shelter Board (CSB) serves thousands of people through programs to prevent and respond to homelessness, including partnering with landlords to create additional housing capacity for PEH and with the Homelessness Prevention Network to coordinate social services in the community for PEH. 60 “Major updates to the City’s housing-related zoning rules coming August 1,” City of Portland, Oregon, July 16, 2021.

As Columbus’s population continues to grow, stressors that come from growth need to be understood and mitigated head-on through innovative approaches. Through a focus on housing development, the region’s public, private, and civic leaders are seeking to improve housing security while supporting economic development. By setting clear goals to increase the overall housing supply, reduce the cost of new construction, provide support to improve housing affordability, and assist those who are currently experiencing homelessness, 61 Community Shelter Board website, accessed June 23, 2023. Columbus could make significant strides toward sustainable and inclusive growth, set an example for other regions, and ensure that all who wish to reside here can find a place of their own to call home.

Brandon Carrus is a senior partner in, and managing partner of, McKinsey’s Ohio office, where Seth Myers is a partner and Brian Parro is an associate partner; Duwain Pinder is a partner in the Ohio office and is a leader of the McKinsey Institute for Black Economic Mobility; Ben Safran is a partner in the Washington, DC, office.

The authors wish to thank Kyoka Allen, Charlie Baca, Laura Hempton, and Sarthak Soni for their contributions to this article.

Explore a career with us

Related articles.

Homelessness in Los Angeles: A unique crisis demanding new solutions