THE PROTECTION OF CIVIL

RIGHTS ACT, 1955

Semester – VII

ACKNOWLEDGMENT

The author is grateful to almighty for bestowing the ideas and wit for completing this project
successfully. The author is thankful to the faculty concerned with the project who gave a chance
to explore and learn more about the topic on which this project is based. This project is based on
Human Rights.
The author would like to thank the teacher MR.MAYUR CHOUDHARY, Assistant Professor,
Amity Law School Amity University, Chhattisgarh for her support, advise and concerned for
helping and guiding throughout the project.
 INTRODUCTION

The Preamble to the Protection of Civil Rights Act describes it as an Act to “prescribe
punishment for the preaching and practice of “Untouchability” for the enforcement of any
disability arising therefrom for matters connected therewith.”

The focus of the Act therefore appears to be on punishing the preaching and practice of
untouchability. However, the title of the Act belies this assumption. The title of the Act was
changed from “Untouchability Offences Act” to “Protection of Civil Rights Act.” This title was
mooted even at the time of the enactment of the Untouchability Offences Act. During the
discussion on the Bill in the Rajya Sabha, Dr. Ambedkar had said that the name of the legislation
should be “The Civil Rights (Untouchables) Protection Act’ so that it would indicate
enforcement and protection of rights in addition to punishment of offenders.107 The same issue
came up for discussion in the Parliamentary Joint Select Committee deliberations studying the
amendment of the Untouchability Offences Act. The Joint Select Committee recommended that
“By reason of the abolition of ‘untouchability’ certain rights are conferred on those who are
subjected to the disability of untouchability and, therefore, the law should mainly concern itself
to protect those rights. Hence, more emphasis should be laid in order to protect those rights
rather than punishing the offenders who preach or practice untouchability in any form.
Therefore, the committee feels that the short title of the Principal Actshould be changed to the
Protection of Civil Rights Act.”

Article 17 of the Constitution of India abolished the practice of untouchability. The Article reads
as follows: -

“17. Abolition of Untouchability

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

In pursuance of the above Constitutional provision, the Untouchability (Offences) Act, 1955 (22
of 1955), was enacted and notified on 08.05.1955. Subsequently, it was amended and renamed in
the year 1976 as the "Protection of Civil Rights Act, 1955". Rules under this Act, viz, “The
Protection of Civil Rights Rules, 1977” were notified in 1977. The Act extends to the whole of
India and provides punishment for the practice of untouchability. It is implemented by the
respective State Governments and Union Territory Administrations.

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).

Sections 8-11 of the Act contain certain preventive/deterrent previsions, which are as follows:-

(i) Cancellation or suspension of licences on conviction (Section 8).

(ii) Resumption or suspension of grants made by Government (Section 9).

(iii) Punishment for wilful neglect of investigation by a public servant (Section 10).

(iv) Power of State Government to impose collective fine.(Section 10A).

(v) Enhanced penalty on subsequent conviction (Section 11)

Other provisions:-

(i) Presumption by courts in certain cases (Section 12).

(ii) Offences to be cognizable and to be tried summarily.(Section 15).

(iii) State Governments to take measures for effective implementation of the Act, including:

• legal aid,

• setting up Special Courts,

• setting up of Committees at appropriate levels to assist the State Governments, and

• identification of untouchability- prone areas and measures for eliminating the practice in such
areas (Section 15 A).

RESPONSIBILITY FOR IMPLEMENTATION OF THE ACT

Responsibility for implementation of the Act primarily lies with State Governments and their
subordinate authorities (police and executive magistrate). At the Central level, (as per the
Government of India (Allocation of Business) Rules, 1961) responsibility in regard to
implementation of the Act is allocated as under: -

Ministry of Home Affairs

Criminal offences against members of the Scheduled Castes and Scheduled Tribes, including
those under the Protection of Civil Rights Act, 1955.

Ministry of Social Justice & Empowerment

Implementation of the Protection of Civil Rights Act, 1955, (in so far as it relates to Scheduled
Castes) excluding the administration of criminal justice in regard to offences under the Act

Ministry of Tribal Affairs

Implementation of the Protection of Civil Rights Act, 1955, (in so far as it relates to Scheduled
Tribes) excluding the administration of criminal justice in regard to offences under the Act.

Background

An Act to prescribe punishment for the [preaching and practice of - "Untouchability"] for the
enforcement of any disability arising there from for matters connected therewith.

Salient provisions of the Act:

 Any person who prevents a person belonging to Scheduled Caste community from
entering places like a public temple, using a well, water room, hotel, inn, shall be
prosecuted under the Act
 In case if a barber disagrees to cut the hair of a member belonging to Scheduled Caste or
a laundryman refuses to wash his clothes, they shall also be considered as offenders
under this Act.
 It would be considered an offence if a member of Scheduled Caste community is
prevented from occupying a seat along with other people without any discrimination at
the place of religious service or prayer at a public place in the village.
  It would also be considered an offence under this Act if a member belonging to a
scheduled caste is treated with any discrimination at flour mill.
 The persons who maintain separate set of utensils for members of the Scheduled Caste at
the water tank and hotel shall also be considered as offender under this Act.
 All the offences of untouchability under this Act are cognizable offences (arrest without
warrant).

There is no provision for compromise under this Act.

 A person committing an offence under this Act for the first time is punishable with a
minimum of 1 month imprisonment and a fine of Rs.100 and a maximum of 6 months
imprisonment and a fine of Rs. 500.
 If a person commits an offence for the second time, he is liable to be punished with
imprisonment for a period from 6 months to 1 year and a fine of Rs. 200 to Rs.500.
 If a person commits an offence for the third time he is liable to be punished with
imprisonment for a period from one to two years and a fine of Rs. 500 to Rs. 1000.

THE ACT PROVIDES FOLLOWING TYPES OF OFFENCES

 Punishment for enforcing religious disabilities, like Preventing from entering any place of
public worship. (SECTION 3)
 Punishment for enforcing social disabilities , like Preventing access to shop, hotel,
hospital, educational institutions or any public place. (SECTION 4)
 Punishment for refusing to admit person to hospitals, etc. (SECTION 5)
 Disability with regard to practice of profession or carrying an occupation.
 Punishment for refusing to sell goods or render services, like Refusing to sell goods or
render service. (SECTION 6)

SECTION DEFINES:-

SECTION 3 OF THE ACT

Punishment for enforcing religious disabilities.—

 Whoever on the ground of “untouchability” prevents any person-
(a) from entering any place of public worship which is open to other persons professing
the same religion or any section thereof, as such person; or
(b) from worshipping or offering prayers or performing any religious service in any place
of public worship, or bathing in, or using the waters of, any sacred tank, well, spring or
water-course 4[river or lake or bathing at any ghat of such tank, water-course, river or
lake] in the same manner and and to the same extent as is permissible to the other persons
professing the same religion or any section thereof, as such person,
5[shall be punishable with imprisonment for a term of not less than one month and not
more than six months and also with fine which shall be not less than one hundred rupees
and not more than five hundred rupees].

SECTION 4 OF THE ACT

Punishment for enforcing social disabilities.—Whoever on the ground of “untouchability”

enforces against any person any disability with regard to—

 access to any shop, public restaurant, hotel or place of public entertainment; or

 the use of any utensils, and other articles kept in any public restaurant, hotel,
dharamshala, sarai or musafirkhana for the use of the general public or of 6[any section
thereof]; or
 the practice of any profession or the carrying on of any occupation, trade or business 7[or
employment in any job]; or
 the use of, or access to, any river, stream, spring, well, tank, cistern, water-tap or other
watering place, or any bathing ghat, burial or cremation ground, any sanitary
convenience, any road,

If a person propagates “untouchability” or its practice in any form, an offence can be registered
under this Act against such person.

Any person who justifies, whether on historical, philosophical or religious grounds or on the
ground of any tradition of the caste system or on any other ground, the practice of
“untouchability” in any form, shall be considered as an offender.
or passage, or any other place of public resort which other members of the public, or 1[any
section thereof], have a right to use or have access to; or

 the use of, or access to, any place used for a charitable or a public purpose maintained
wholly or partly out of State funds or dedicated to the use of the general public or 1[any
section thereof]; or
 the enjoyment of any benefit under a charitable trust created for the benefit of the general
public or of 1[any section thereof]; or
 the use of, or access to, any public conveyance; or
 the construction, acquisition, or occupation of any residential premises in any locality,
whatsoever; or
 the use of any dharamshala, sarai or musafirkhana which is open to the general public, or
to any section thereof; or
 the observance of any social or religious custom, usage or ceremony or taking part in, or
taking out, any religious, social or cultural procession; or
 the use of jewellery and finery,

[shall be punishable with imprisonment for a term of not less than one month and not more than
six months and also with fine which shall be not less than one hundred rupees and not more than
five hundred rupees].

SECTION 5 OF THE ACT

Punishment for refusing to admit person to hospitals, etc.—Whoever on the ground of

“untouchability”—

(a) refuses admission to any person to any hospital, dispensary, educational institution or any
hostel, if such hospital, dispensary, educational institution or hostel is established or
maintained for the benefit of the general public or any section thereof; or
(b) does any act which discriminates against any such person after admission to any of the
aforesaid institutions,
[shall be punishable with imprisonment for a term of not less than one month and not more than
six months and also with fine which shall be not less than one hundred rupees and not more than
five hundred rupees].

SECTION 6 OF THE ACT

Punishment for refusing to sell goods or render services.—Whoever on the ground of

“untouchability” refuses to sell any goods or refuses to render any service to any person at the
same time and place and on the same terms and conditions at or which such goods are sold or
services are rendered to other persons in the ordinary course of business 7[shall be punishable
with imprisonment for a term of not less than one month and not more than six months and also
with fine which shall be not less than one hundred rupees and not more than five hundred
rupees].

SECTION 7 OF THE ACT

Punishment for other offences arising out of “untouchability”.-

1. Whoever—
 prevents any person from exercising any right accruing to him by reason of the abolition
of “untouchability” under Article 17 of the Constitution; or
 molests, injures, annoys, obstructs or causes or attempts to cause obstruction to any
person in the exercise of any such right or molests, injures, annoys or boycotts any
person by reason of his having exercised any such right; or
 by words, either spoken or written, or by signs or by visible representations or
otherwise, incites or encourages any person or class of persons or the public generally to
practice “untouchability” in any form whatsoever; or
 insults or attempts to insult, on the ground of “untouchability”, a member of a Scheduled
Caste;
 shall be punishable with imprisonment for a term of not less than one month and not
more than six months, and also with fine which shall be not less than one hundred rupees
and not more than five hundred rupees.
2. Whoever—
  denies to any person belonging to his community or any section thereof any right
or privilege to which such person would be entitled as a member of such
community or section, or
 takes any part in the ex-communication of such person, on the ground that such
person has refused to practice “untouchability” that such person has done any act
in furtherance of the objects of this Act,
 shall be punishable with imprisonment for a term of not less than one month and
not more than six months and also with fine which shall be not less than one
hundred rupees and not more than five hundred rupees.

SECTION 7A OF THE ACT

.Unlawful compulsory labour when to be deemed to be a practice of “untouchability”.—

 Whoever compels any person, on the ground of “untouchability”, to do any scavenging

remove any carcass or to flay any animal, or to remove the umbilical cord or to do any
other job of a similar nature shall be deemed to have enforced a disability arising out of
“untouchability”.
 Whoever is deemed under sub-section (1) to have enforced a disability arising out of
“untouchability” shall be punishable with imprisonment for a term which shall not be less
than three months and not more than six months and also with fine which shall not be less
than one hundred rupees and not more than five hundred rupees.