protection of civil rights act 1955

8/7/2019 Protection of Civil Rights Act 1955

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The Protection of

Civil Rights Act, 1955


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Extent

Whole of India [Sect. 1 (2)]


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Preamble

An Act to prescribe punishment for the

preaching and practice of

untouchability, for enforcement of

any disability arising therefrom and

for matters connected therewith.


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Brief Introduction

Background of untouchability.

Varna System, Social Stratification.

Caste System, Division of Indian Society.

BhaktiMovement, Social Reform Movement. Man must be known & recognized by his actions

and not by his caste.

Government of India Act, 1935, List of Schedule

Caste, Role ofGandhi & Ambedkar. Universal Deceleration of Human Rights, 1948.

Indian Constitution, 1950 (Article 14, 17 & 21).


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Article 17

Untouchability is abolished & its

practice in any form is forbidden. The

enforcement of any disability arising

out of untouchability shall be an

offence punishable in accordance with

law.


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Important Definitions

Civil Rights (Section-2A)

Means any right accruing to a person

by reason of abolition of untouchability

by Article 17 of the Constitution.


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Untouchability

Not defined in the Act.


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Schedule Caste

Has the meaning assigned to it in

clause 24 of Article 336 of the

Constitution read with Article 341.


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Article 341 Schedule Castes

1. The President may with respect to any State orUnion territory, and where it is a State, afterconsultation with the Governor thereof, by publicnotification, specify the castes, races for tribes orparts of or groups within castes, races or tribes

which shall for the purposes of this Constitutionbe deemed to be Schedule Castes in relation tothat State [Union territory, as the case may be].

2. Parliament may by law include in or exclude fromthe list of Scheduled Tribes specified in a

notification issued under clause (1) any tribe ortribal community or part of or group within anytribe or tribal community, but save as aforesaid anotification issued under the said clause shall notbe varied by any subsequent notification.


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Mangala Parashram Kelkar vs State of

Maharashtra (AIR 1979, Bom. 282)

A Buddhist or one professing Buddhism

does not belong to theS

cheduleC

astewithin the meaning of the Act.

Untouchability is specific to Hindu

religion. Protection ofCivil Rights Act,

1955 would not be available to aBuddhist.


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Place ofpublic worship (Section 2 D)

Means a place which is used as a place of

public religious worship and include-

All land and subsidiary shrines

attached to such place of worship &

A private owned place of worship used

as a place of public worship.


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Offences Section 3 - Punishment for enforcing

religious disability.- Whoever.

- On the ground of untouchability.

- Prevents any person from -

Entering any place of public worship

which is opened to other person of thesame religion or

Worshipping/offering prayer/ performingreligious services in any place of publicworship or

Bathing in or using water of sacred tank,spring, well, river or lake in the same

manner as permissible to other persons ofsame religion

- Punishable with 1-6 months imprisonment &fine of Rs 100-500.


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Explanation to Section 3

For the purpose of Section 3 & 4 of the

PCR Act, 1955, Buddhist, Sikh or Jain

religion or person professing Hindu religion

in any form or development includingVirashavais, Lingayats, Adivasis, Followers

of Brahmo, Prarthana, Aryasamaj &

Swaminarayan Sampraday shall be

deemed to be Hindus.


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OffencesSection-4 Punishment for enforcing social disability.

- Whoever- On the ground of untouchability

- Enforces any disability

- Against any person, with regard to

i. Access to any shop, public restaurant, hotelor place of public entertainment or

ii. The use of any utensils, and other articleskept in any public restaurant, hotel,dharamshala, sarai or musafirkhana for the

use of the general public or any sectionthereof or

iii.The practice of any profession or the carryingon any occupation, trade or business oremployment in any job or


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v. The use of, or access to, any river, stream,spring, well, tank, cistern, water-tap or otherwatering place, or any bathing ghat, burial or

cremation ground, any sanitary convenience,any road, or passage, or any other place ofpublic resort which other members of the publicor any section thereof have right to use or have

access to or The use of, or access to,any place used for a charitable or a publicpurpose maintained wholly or partly out ofState funds or dedicated to the use of thegeneral public, or any section thereof or

vi. The enjoyment of any benefit under acharitable trust created for the benefit ofthe general public or any section thereofor


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v. The use of, or access to, any publicconveyance or

vi. The construction, acquisition, oroccupation of any residential premises inany locality, whatsoever or

vii. The use any dharamshala, sarai or

musafirkhana which is open to the generalpublic or to any section thereof or

viii. The observance of any social or religiouscustom, usage or ceremony or taking partin, or taking out, any religious, social orcultural procession or

ix. The use of jewellery and finery.

- Punishable with 1-6 monthsimprisonment & fine of Rs 100-500.


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State of Karnataka v. Appa Ballu Ingale

1993 Cr. L. J. 1029 (SC)

Restraining Harijans from taking waterfrom a well on the ground that they wereuntouchable is an offence u/s 4 of PCRA1995


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State of Karnataka v. Annappa

1992 Cr. L.J. 158 (Karnataka)

Court is oblige to pass the statutoryminimum sentence of imprisonment inaddition to statutory minimum stentence offine where it is found that a person is

guilty of an offence u/s 4 of PCRA 1995


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Offences

Section-5 Refusing to admit a person to hospital etc.

- Whoever

- On the ground of untouchability -

Refuses admission to any person to any

hospital, dispensary, educational institution& hostel meant for general public.

Does any Act which discriminates against

any such person after admission to above

said institutions.

Punishable with imprisonment 1-6 months

and fine Rs. 100-500.


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Offences

Section-6 Refusing to sell goods or render services

- Whoever

- On the ground of untouchability -

Refuses to sell any goods or render any

service to any person at the same time andplace and on the same terms and conditions

on which such goods are sold or services

are rendered to other persons in ordinary

course of business.

Punishable with imprisonment 1-6 months

and fine Rs. 100-500.


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OffencesSection-7 Other offences arising out of

untouchability.

- Whoever

Prevents any person from exercising any rightaccruing to him by reason of abolition ofuntouchability under article 17 ofConstitution.

Molests injures annoys, obstructs or causes orattempt to cause obstruction to any person inthe exercise of any such right or molests injuresannoys or boycotts any person by reason of hishaving exercise any such right or

By words, either spoken or written, or by signs

or by visible representation or otherwise incitesor in courage person or the public generally topractice untouchability or

Insult or attempt to insult on the ground ofuntouchability, a member of schedule caste

Punishable with imprisonment 1-6 months and fineRs. 100-500.


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Offences

Section-7A Unlawfull compulsory labour when to bedeemed to be a practice of untouchability.

- Whoever

- On the ground of untouchability - Compels any person to do scavenging or

sweeping or remove carcass or any other

job of similar nature etc.

Punishable with imprisonment 3-6 monthsand fine Rs. 100-500.


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Special Procedures

Section-8

1. Cancellation or suspension of

licenses if convicted for an offenceu/s 6 (License in respect of any

trade, profession)


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Special Procedures

Section-9

2. Suspension or resumption of whole or any

part of grant of land or money to amanager or trustee of place of publicworship if the manager or trustee isconvicted of an offence under the PCRA.


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Special Procedures

Section-10

3. Abetment is punishable with the

punishment provided for the offence.

Expl. A public servant who willfully neglectsthe investigation of any offence under the

PCRA shall be deemed to have abetted

an offence punishable under this Act.


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Special Procedures

Section-10A

4. Power of state government to impose

collective fine if inhabitants if an areaare committing offence under the

Act.


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Special Procedures

Section-11

5. Enhanced plenty for subsequentconviction.

2nd offence six month to one yearand fine 200-500 Rupees.

3rd offence 1-2 year and fine 500-1000 Rupees.


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Special Procedures

Section-12

6. Presumption where any an offenceunder this Act is committed against a

member of schedule caste, the courtshall presume that the offence wascommitted on the ground ofuntouchability, unless the contrary is

proved.


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Special Procedures

Section-13

7. No Civil Court shall pass any decree

or order if the execution of suchdecree or order in any way would be

contrary to the provisions of this Act.


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Special Procedures

Section-14A

8. Protection of action taken in good

faith.


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Special Procedures

Section-15

9. Offence to be cognizable and triable

summarily.


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Special Procedures

Section-15A

10. Duty of state government to ensure

that the rights accruing from abolitionof untouchability may be availed by

concerned persons.


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Special Procedures

Section-16

11. Act to override other

laws/customs/usage or any decreeof any court or other authority.


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Special Procedures

Section-16A

12. Probation of Offenders Act 1958 not

to apply to persons above the age of14 years.


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Special Procedures

Section-16B

13.Power to make rules-

Central Government.


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Special Procedures

Section-17

14.Repeal 21 legislations relating to

untouchability enacted by variousstates.


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protection of civil rights act 1955

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