Protection of Civil Rights Act, 1955 and Subsequent Legislative Developments | Law Optional Notes for UPSC PDF Download

The following legislation aims to establish penalties for the preaching and enactment of "Untouchability," as well as the enforcement of any resulting discrimination, along with matters pertaining to it. This Act is hereby enacted by the Parliament in the Sixth Year of the Republic of India.

1. Short title, extent and commencement

• The legislation may be referred to as [the Protection of Civil Rights Act, 1955].
• Its jurisdiction spans across the entirety of India.
• The Act will be implemented on a date determined by the Central Government through notification in the Official Gazette.

2. Definitions

• The Act defines "civil rights" as rights stemming from the abolition of "untouchability" under Article 17 of the Constitution.
• The term "hotel" encompasses various establishments such as refreshment rooms, boarding houses, lodging houses, coffee houses, and cafes.
• "Place" includes structures like houses, buildings, premises, as well as tents, vehicles, and vessels.
• "Place of public entertainment" refers to venues open to the public where entertainment is provided, encompassing exhibitions, performances, games, sports, and other forms of amusement.
• "Place of public worship" denotes locations utilized for public religious worship or dedicated to religious activities, including subsidiary shrines, privately owned places of worship used for public worship with the owner's consent, and their associated lands.
• "Prescribed" signifies regulations set forth by rules established under this Act.
• "Scheduled Castes" holds the meaning assigned in Article 366(24) of the Constitution.
• A "shop" denotes premises where goods are sold wholesale, retail, or both, encompassing locations where goods are sold by hawkers, vendors, mobile vans, or carts, as well as establishments offering services to customers like laundries and hair cutting saloons.

3. Punishment for enforcing religious disabilities

• Anyone who, based on "untouchability," obstructs a person from entering a place of public worship accessible to others of the same religion or section thereof, shall face penalties.
• Similarly, if someone prevents another from worshiping, offering prayers, or conducting religious services in a public place of worship, or from using sacred water sources in the same manner as others of the same religion, they will be subject to punishment.
• The punishment for such offenses includes imprisonment ranging from one to six months and a fine ranging from one hundred to five hundred rupees.
• It is clarified that for the purposes of this section and section 4, individuals professing the Buddhist, Sikh, Jaina, or various forms of Hinduism, including Virashaivas, Lingayats, Adivasis, followers of Brahmo, Prarthana, Arya Samaj, and Sawaminarayan Sampraday, shall be considered Hindus.

4. Punishment for enforcing social disabilities

• Individuals who, based on "untouchability," impose any form of disability on others regarding:
  • Access to shops, public restaurants, hotels, or places of public entertainment;
  • The use of utensils and other items in public establishments like restaurants, hotels, dharmshalas, sarais, or musafir khanas, meant for general or specific sections of the public;
  • Engagement in professions, trades, businesses, or employment opportunities;
  • Utilization of public facilities such as rivers, streams, wells, tanks, bathing ghats, burial or cremation grounds, sanitation facilities, roads, or any other public space open to the general public or specific sections thereof;
  • Utilization of spaces designated for charitable or public purposes, funded either wholly or partially by the State, and intended for general or specific sections of the public;
  • Accessing benefits from charitable trusts established for the benefit of the general public or specific sections thereof;
  • Utilization of public transportation;
  • The construction, acquisition, or occupation of residential properties in any locality;
  • Utilization of dharmshalas, sarais, or musafir khanas open to the general public or specific sections thereof;
  • Observance of social or religious customs, rituals, or participation in religious, social, or cultural processions;
  • Utilization of jewelry and finery;
• Offenders will face imprisonment ranging from one to six months and fines ranging from one hundred to five hundred rupees.
• It is clarified that "enforcement of any disability" includes any form of discrimination based on "untouchability."

5. Punishment for refusing to admit persons to hospitals, etc.

• Individuals who, based on "untouchability," deny entry to any person in hospitals, dispensaries, educational institutions, or hostels meant for the general public or specific sections thereof, will face penalties.
• Those who engage in discriminatory actions against such individuals after their admission to any of the aforementioned institutions will also be subject to punishment.
• Offenders will be liable for imprisonment ranging from one to six months and fines ranging from one hundred to five hundred rupees.

6. Punishment for refusing to sell goods or render services

• Those who, on the basis of "untouchability," decline to sell goods or provide services to any person at the same time and place, and under the same terms and conditions as they are offered to others in the ordinary course of business, will face legal repercussions.
• Such individuals will be subject to imprisonment for a duration ranging from one to six months and fines ranging from one hundred to five hundred rupees.

7. Punishment for other offences arising out of "untouchability"

Individuals who:

• Prevent others from exercising their rights abolished under Article 17 of the Constitution regarding "untouchability," or
• Engage in acts of molestation, injury, annoyance, obstruction, or boycott against individuals exercising such rights, or due to them having exercised such rights, or
• Incite or encourage, through spoken or written words, signs, visible representations, or other means, any person, group, or the public to practice "untouchability" in any form, or
• Insult or attempt to insult a member of a Scheduled Caste based on "untouchability,"
• will face imprisonment for a period ranging from one to six months and fines ranging from one hundred to five hundred rupees.
• Explanation 1: Boycotting includes refusing property usage, business dealings, customary services, or abstaining from social, professional, or business relations.
• Explanation 2: Incitement or encouragement of "untouchability" encompasses direct or indirect preaching or justification based on historical, philosophical, religious, or traditional grounds.

Individuals who:

• Deny rights or privileges to any person belonging to their community or section thereof, which they are entitled to, or
• Participate in the ex-communication of such persons for refusing to practice "untouchability" or for supporting this Act, will face imprisonment for a period ranging from one to six months and fines ranging from one hundred to five hundred rupees.

7A. Unlawful compulsory labour to be deemed to be a practice of "untouchability"

• Individuals who compel others, based on "untouchability," to perform tasks such as scavenging, sweeping, carcass removal, animal flaying, umbilical cord removal, or similar jobs, will be considered as enforcing a disability due to "untouchability."
• Those deemed to have enforced such a disability, as per subsection (1), will face imprisonment for a period ranging from three to six months and fines ranging from one hundred to five hundred rupees.
  • Explanation: "Compulsion" encompasses threats of social or economic boycott.

8. Cancellation or suspension of licenses in certain cases

• If a person convicted of an offense under section 6 holds a license related to the profession, trade, calling, or employment involved in the offense, the court handling the case can take additional action regarding the license.
• Alongside any other penalties imposed under section 6, the court has the authority to order the cancellation or suspension of the license for a period it deems appropriate.
• Any court order regarding the cancellation or suspension of the license will be legally effective as if it were issued by the competent authority authorized to cancel or suspend licenses under relevant laws.
  • Explanation: The term "license" encompasses permits or permissions in this context.

9. Resumption or suspension of grants made by Government

• If the manager or trustee of a place of public worship or any educational institution or hostel, receiving a government grant of land or money, is convicted of an offense under this Act and the conviction stands after any appeal or revision,
• The Government holds the authority, based on the circumstances of the case, to decide whether to suspend or revoke all or part of the grant provided.

10. Abetment of the offence

• Anyone who aids or encourages the commission of any offense under this Act will face punishment corresponding to the offense.
• The Explanation specifies that a public servant deliberately neglecting the investigation of any offense punishable under this Act will be considered as abetting an offense under this Act.

10A. Power of State Government to impose collective fine

• If the State Government determines, following a prescribed inquiry, that residents of an area are involved in or supporting offenses punishable under this Act, harboring offenders, failing to assist in their apprehension, or concealing evidence, the Government has the authority to impose a collective fine on the inhabitants.
• This fine will be divided among the residents based on their ability to pay, with the Government having the discretion to assign a portion to Hindu undivided families.
• The imposition of the collective fine is announced in the area through means like drumbeats or other methods deemed suitable by the State Government.
• Any person unhappy with the fine or its apportionment can file a petition within the specified timeframe to be exempted from the fine or to modify the apportionment order, without any fee.
• After hearing the petitioner, the State Government or its specified authority will make a decision, and any exempted or reduced fine amount will not be collectible from the petitioner.
• However, the State Government has the power to exempt victims of offenses under this Act or individuals not falling within the specified categories from paying the collective fine or a portion thereof.
• The portion of the collective fine owed by an individual or Hindu undivided family can be collected as per the procedures outlined in the Code of Criminal Procedure, 1973, akin to fines imposed by a Magistrate.

11. Enhanced penalty on sub or sequent conviction

• If an individual is convicted of an offense under this Act or aiding in such an offense and is subsequently convicted again for the same offense or aiding in it,
• For the second offense, the punishment upon conviction includes imprisonment for a term ranging from six months to one year, along with a fine ranging from two hundred rupees to five hundred rupees.
• For the third offense or any subsequent offenses, the punishment upon conviction includes imprisonment for a term ranging from one year to two years, along with a fine ranging from five hundred rupees to one thousand rupees.

12. Presumption by courts in certain cases.

• If an act that constitutes an offense under this Act is committed concerning a member of a Scheduled Caste,
• The court will presume, unless proven otherwise, that the act was committed based on the grounds of "untouchability."

13. Limitation of jurisdiction of civil Courts

• Civil courts are prohibited from hearing or continuing any suit or proceeding, and they cannot issue any decree or order, or execute any decree, if doing so would contradict the provisions of this Act.
• Courts are also forbidden from acknowledging any custom or usage that imposes any form of disability on any person based on the grounds of "untouchability" when adjudicating matters or executing decrees or orders.

14. Offences by companies

• If an offense under this Act is committed by a company, individuals who were in charge of and responsible for the company's business conduct at the time of the offense will be considered guilty and subject to prosecution and punishment.
  • However, if these individuals can prove that they were unaware of the offense or took all necessary precautions to prevent it, they will not be held liable.
• Additionally, if an offense under this Act is committed with the consent of any director, manager, secretary, or other officer of the company, those individuals will also be considered guilty and subject to prosecution and punishment.
  • This provision applies regardless of whether the company is a body corporate, firm, or association of individuals.
  • In the context of a firm, a "director" refers to a partner in the firm.

14 A. Protection of action taken in good faith

• The Central Government or a State Government cannot be sued, prosecuted, or subjected to any legal proceeding for any action undertaken or intended in good faith under this Act.
• Similarly, no suit or legal proceeding can be initiated against the Central Government or a State Government for any damage caused or likely to be caused by actions undertaken or intended in good faith under this Act.

15. Offences to be cognizable and terrible summarily

• Despite the provisions of the Code of Criminal Procedure, 1973, every offense punishable under this Act is cognizable. Except when the punishment includes imprisonment for a minimum term exceeding three months, such offenses may be tried summarily by a Judicial Magistrate of the first class or, in a metropolitan area, by a Metropolitan Magistrate, following the procedure outlined in the Code.
• Regardless of the provisions of the Code of Criminal Procedure, 1973, if a public servant is accused of abetting an offense punishable under this Act while purportedly discharging official duties, no court can take cognizance of such abetment without prior sanction from:
  • The Central Government, if the individual is employed in connection with Union affairs.
  • The State Government, if the individual is employed in connection with State affairs.

15A. Duty of State Government to ensure that the rights accruing from the abolition of "untouchabiity" may be availed of by the concerned persons

• Under rules set forth by the Central Government, the State Government must implement measures to ensure that individuals subjected to disabilities arising from "untouchability" have access to and utilize the rights granted by the abolition of such practices.
• These measures may include:
  • Providing sufficient facilities, including legal aid, to those facing disabilities due to "untouchability" to enable them to exercise their rights.
  • Appointing officers to initiate or supervise prosecutions for violations of this Act.
  • Establishing special courts to try offenses under this Act.
  • Establishing Committees at appropriate levels to assist in formulating or implementing these measures.
  • Conducting periodic surveys to evaluate the effectiveness of the Act's provisions and suggesting improvements.
  • Identifying areas where individuals face disabilities due to "untouchability" and implementing measures to eliminate such barriers.
• The Central Government must coordinate the actions taken by State Governments under subsection (1).
• Annually, the Central Government must present a report to each House of Parliament detailing the actions taken by itself and by State Governments in accordance with this section.

16. Act to override other laws.

• Except where explicitly stated otherwise within this Act, its provisions supersede any inconsistencies found in other existing laws.
• This Act remains effective regardless of any conflicting provisions in current laws, customs, usage, instruments governed by those laws, or decrees/orders issued by courts or authorities.

16A. Probation of Offenders Act, 1958, not to apply to persons above the age of fourteen years.

The Probation of Offenders Act, 1958 (Act No. 20 of 1958), does not extend its provisions to individuals aged fourteen years or older found guilty of committing offenses punishable under this Act.

16B. Power to make rules

• The Central Government has the authority to create rules through notification in the Official Gazette to implement the provisions of this Act.
• Any rule formulated by the Central Government under this Act must be presented before each House of Parliament during its session.
• The rule remains open for discussion in Parliament for a total period of thirty days, which may be within one session or across multiple consecutive sessions.
• If both Houses of Parliament agree to modify the rule or decide that it should not be implemented before the end of the session immediately following the relevant period, the rule will either be amended accordingly or deemed ineffective.
• However, any modifications or annulments of the rule do not affect the validity of actions taken under it prior to such changes.

17. Repeal

• The enactments listed in the Schedule are repealed to the extent to which they correspond or conflict with this Act or its provisions.
• The repeal applies to any provisions within those enactments that are similar to or contradict the provisions of this Act.

THE SCHEDULE

• The Bihar Harijan (Removal of Civil Disabilities) Act, 1949 (Bihar Act XIX of 1949).
• The Bombay Harijan (Removal of Social Disabilities) Act, 1946 (Bombay Act of 1947).
• The Bombay Harijan Temple Entry Act, 1947 (Bombay Act XXXV of 1947).
• The Central Provinces and Berar Scheduled Castes (Removal of Civil Disabilities) Act, 1947 (Central Provinces and Berar Act XXIV of 1947).
• The Central Provinces and Berar Temple Entry Authorisation Act, 1947 (Central Provinces and Berar Act XLI of 1947).
• The East Punjab (Removal of Religious and Social Disabilites) Act, 1948 (East Punjab Act XVI of 1948).
• The Madras Removal of Civil Disabilities Act, 1938 (Madras Act XXI of 1938).
• The Orissa Removal of Civil Disabilites Act, 1946 (Orissa Act XI of 1946).
• The Orissa Temple Entry Authorisation Act, 1948 (Orissa Act XI of 1948).
• The United Provinces Removal of Social Disabilities Act, 1947 (U.P. Act XIV of 1947).
• The West Bengal Hindu Social Disabilities Removal Act, 1948 (West Bengal Act XXXVII of 1948).
• The Hyderabad Harijan Temple Entry Regulations, 1358F (No.LV of 1358 Fasli).
• The Hyderabad Harijan (Removal of Social Disabilities) Regulation, 1358F (No. LVI of 1358 Fasli).
• The Madhya Bharat Harijan Ayogta Nivaran Vidhan, Samvat 2005 (Madhya Bharat Act No. 15 of 1949).
• The Removal of Civil Diisabilities Act, 1943 (Mysore Act XLII of 1943).
• The Mysore Temple Entry Authorisation Act, 1948 (Mysore Act XIV of 1948).
• The Saurashtra Harijan (Removal of Social Disabilities) Ordinance (No XL of 1948).
• The Travancore-Cochin Removal of Social Disabilities Act, 1125 (Travancore-Cochin Act VIII of 1125).
• The Travancore-Cochin Temple Entry, Removal of Disabilities Act, 1950 (Travancore-Cochin Act XXVII of 1950).
• The Coorg Scheduled Castes (Removal of Civil and Social Disabilities) Act, 1949 (Coorg Act I of 1949).
• The Coorg Temple Entry Authorisation Act, 1949 (Coorg Act II of 1949).