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    Protection of Civil Rights Act 1955

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    Lakhbir Brar
    The Protection of Civil Rights Act, 1955 aimed to abolish untouchability and prohibit discrimination against scheduled castes. Key aspects include defining untouchability and scheduled castes, prohibiting discrimination in public places like temples and wells, and imposing penalties like imprisonment and fines for enforcing untouchability in various forms such as restricting access to services, shops, hospitals. The Act also details special procedures like cancellation of licenses for those convicted under the Act and enhanced penalties for subsequent offenses.

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    Protection of Civil Rights Act 1955

    Uploaded by

    Lakhbir Brar
    405 views37 pages
    The Protection of Civil Rights Act, 1955 aimed to abolish untouchability and prohibit discrimination against scheduled castes. Key aspects include defining untouchability and scheduled castes, prohibiting discrimination in public places like temples and wells, and imposing penalties like imprisonment and fines for enforcing untouchability in various forms such as restricting access to services, shops, hospitals. The Act also details special procedures like cancellation of licenses for those convicted under the Act and enhanced penalties for subsequent offenses.

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    The Protection of Civil Rights Act, 1955 aimed to abolish untouchability and prohibit discrimination against scheduled castes. Key aspects include defining untouchability and scheduled castes, prohibiting discrimination in public places like temples and wells, and imposing penalties like imprisonment and fines for enforcing untouchability in various forms such as restricting access to services, shops, hospitals. The Act also details special procedures like cancellation of licenses for those convicted under the Act and enhanced penalties for subsequent offenses.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    405 views37 pages

    Protection of Civil Rights Act 1955

    Uploaded by

    Lakhbir Brar
    The Protection of Civil Rights Act, 1955 aimed to abolish untouchability and prohibit discrimination against scheduled castes. Key aspects include defining untouchability and scheduled castes, prohibiting discrimination in public places like temples and wells, and imposing penalties like imprisonment and fines for enforcing untouchability in various forms such as restricting access to services, shops, hospitals. The Act also details special procedures like cancellation of licenses for those convicted under the Act and enhanced penalties for subsequent offenses.

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    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    of 37

    The Protection of

    Civil Rights Act, 1955


    Extent
    Whole of India [Sect. 1 (2)]
    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.
    Brief Introduction
    • Background of untouchability.
    • Varna System, Social Stratification.
    • Caste System, Division of Indian Society.
    • Bhakti Movement, 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 of Gandhi & Ambedkar.
    • Universal Deceleration of Human Rights, 1948.
    • Indian Constitution, 1950 (Article 14, 17 & 21).
    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.
    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.
    Important Definitions

    Untouchability

    Not defined in the Act.


    Important Definitions

    Schedule Caste

    Has the meaning assigned to it in


    clause 24 of Article 336 of the
    Constitution read with Article 341.
    Article 341 Schedule Castes
    1. The President may with respect to any State or
    Union territory, and where it is a State, after
    consultation with the Governor thereof, by public
    notification, specify the castes, races for tribes or
    parts of or groups within castes, races or tribes
    which shall for the purposes of this Constitution
    be deemed to be Schedule Castes in relation to
    that State [Union territory, as the case may be].
    2. Parliament may by law include in or exclude from
    the list of Scheduled Tribes specified in a
    notification issued under clause (1) any tribe or
    tribal community or part of or group within any
    tribe or tribal community, but save as aforesaid a
    notification issued under the said clause shall not
    be varied by any subsequent notification.
    Mangala Parashram Kelkar vs State of
    Maharashtra (AIR 1979, Bom. 282)
    A Buddhist or one professing Buddhism
    does not belong to the Schedule Caste
    within the meaning of the Act.
    Untouchability is specific to Hindu
    religion. Protection of Civil Rights Act,
    1955 would not be available to a
    Buddhist.
    Important Definitions
    Place of public 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.
    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 the
    same religion or
    • Worshipping/offering prayer/ performing
    religious services in any place of public
    worship or
    • Bathing in or using water of sacred tank,
    spring, well, river or lake in the same
    manner as permissible to other persons of
    same religion
    - Punishable with 1-6 months imprisonment &
    fine of Rs 100-500.
    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 including
    Virashavais, Lingayats, Adivasis, Followers
    of Brahmo, Prarthana, Aryasamaj &
    Swaminarayan Sampraday shall be
    deemed to be Hindus.
    Offences
    Section-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, hotel
    or place of public entertainment or
    ii. 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 any section
    thereof or
    iii.The practice of any profession or the carrying
    on any occupation, trade or business or
    employment in any job or
    v. 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, or passage, or any other place of
    public resort which other members of the public
    or 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 public
    purpose maintained wholly or partly out of
    State funds or dedicated to the use of the
    general public, or any section thereof or
    vi. The enjoyment of any benefit under a
    charitable trust created for the benefit of
    the general public or any section thereof
    or
    v. The use of, or access to, any public
    conveyance or
    vi. The construction, acquisition, or
    occupation of any residential premises in
    any locality, whatsoever or
    vii. The use any dharamshala, sarai or
    musafirkhana which is open to the general
    public or to any section thereof or
    viii. 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
    ix. The use of jewellery and finery.
    - Punishable with 1-6 months
    imprisonment & fine of Rs 100-500.
    State of Karnataka v. Appa Ballu Ingale
    1993 Cr. L. J. 1029 (SC)

    Restraining Harijans from taking water


    from a well on the ground that they were
    untouchable is an offence u/s 4 of PCRA
    1995
    State of Karnataka v. Annappa
    1992 Cr. L.J. 158 (Karnataka)

    Court is oblige to pass the statutory


    minimum sentence of imprisonment in
    addition to statutory minimum stentence of
    fine where it is found that a person is
    guilty of an offence u/s 4 of PCRA 1995
    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.
    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 and
    place 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.
    Offences
    Section-7 Other offences arising out of
    untouchability.
    - Whoever
    • Prevents any person from exercising any right
    accruing to him by reason of abolition of
    untouchability under article 17 of Constitution.
    • Molests injures annoys, obstructs or causes or
    attempt 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 exercise any such right or
    • By words, either spoken or written, or by signs
    or by visible representation or otherwise incites
    or in courage person or the public generally to
    practice untouchability or
    • Insult or attempt to insult on the ground of
    untouchability, a member of schedule caste
    • Punishable with imprisonment 1-6 months and fine
    Rs. 100-500.
    Offences

    Section-7A Unlawfull compulsory labour when to be


    deemed 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 months
    and fine Rs. 100-500.
    Special Procedures
    Section-8

    1. Cancellation or suspension of
    licenses if convicted for an offence
    u/s 6 (License in respect of any
    trade, profession)
    Special Procedures
    Section-9

    2. Suspension or resumption of whole or any


    part of grant of land or money to a
    manager or trustee of place of public
    worship if the manager or trustee is
    convicted of an offence under the PCRA.
    Special Procedures
    Section-10
    3. Abetment is punishable with the
    punishment provided for the offence.
    Expl. A public servant who willfully neglects
    the investigation of any offence under the
    PCRA shall be deemed to have abetted
    an offence punishable under this Act.
    Special Procedures
    Section-10A

    4. Power of state government to impose


    collective fine if inhabitants if an area
    are committing offence under the
    Act.
    Special Procedures
    Section-11
    5. Enhanced plenty for subsequent
    conviction.
    2nd offence six month to one year
    and fine 200-500 Rupees.
    3rd offence 1-2 year and fine 500-
    1000 Rupees.
    Special Procedures
    Section-12
    6. Presumption – where any an offence
    under this Act is committed against a
    member of schedule caste, the court
    shall presume that the offence was
    committed on the ground of
    untouchability, unless the contrary is
    proved.
    Special Procedures
    Section-13

    7. No Civil Court shall pass any decree


    or order if the execution of such
    decree or order in any way would be
    contrary to the provisions of this Act.
    Special Procedures
    Section-14A

    8. Protection of action taken in good


    faith.
    Special Procedures
    Section-15

    9. Offence to be cognizable and triable


    summarily.
    Special Procedures
    Section-15A

    10. Duty of state government to ensure


    that the rights accruing from abolition
    of untouchability may be availed by
    concerned persons.
    Special Procedures
    Section-16

    11. Act to override other


    laws/customs/usage or any decree
    of any court or other authority.
    Special Procedures
    Section-16A

    12. Probation of Offenders Act 1958 not


    to apply to persons above the age of
    14 years.
    Special Procedures
    Section-16B

    13. Power to make rules-


    Central Government.
    Special Procedures
    Section-17

    14. Repeal – 21 legislations relating to


    untouchability enacted by various
    states.
    Thanks

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