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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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Important Definitions
Untouchability
Not defined in the Act.
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Important Definitions
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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Important Definitions
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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