Model Answer
0 min readIntroduction
The Protection of Civil Rights Act, 1955 (PCRA), originally enacted as the Untouchability (Offences) Act, 1955, is a seminal legislation in India aimed at giving effect to Article 17 of the Constitution, which unequivocally abolishes 'untouchability' and forbids its practice in any form. The Act was subsequently amended and renamed in 1976 to underscore the broader objective of protecting civil rights arising from the abolition of untouchability. It serves as a crucial legal instrument to combat discrimination and ensure social equality for all citizens, particularly those historically subjected to this deplorable practice.
Salient Features of the Protection of Civil Rights Act, 1955
The Protection of Civil Rights Act, 1955, is a comprehensive law designed to eradicate the practice of 'untouchability' and enforce the rights accruing from its abolition. Its key features include:
- Definition of Civil Rights: The Act defines "civil rights" as any right accruing to a person by reason of the abolition of 'untouchability' by Article 17 of the Constitution.
- Prohibition of Untouchability (Sections 3-7A): The Act criminalizes various acts committed on the grounds of 'untouchability', making them punishable offences. These include:
- Enforcing Religious Disabilities (Section 3): Punishes preventing a person from entering places of public worship or using sacred water resources.
- Enforcing Social Disabilities (Section 4): Prohibits denial of access to shops, public restaurants, hotels, places of public entertainment, public conveyances, or refusal to render services.
- Refusal to Admit to Public Institutions (Section 5): Penalizes refusal of admission to hospitals, dispensaries, educational institutions, or hostels.
- Refusal to Sell Goods or Render Services (Section 6): Makes it an offence to refuse to sell goods or render services based on 'untouchability'.
- Other Offences (Section 7): Includes molestation, causing injury, insult, or boycotting a person on grounds of 'untouchability'.
- Unlawful Compulsory Labour (Section 7A): Deems compulsory labour like scavenging, sweeping, or removing carcasses, when practiced on the ground of 'untouchability', as an offence.
- Punishments and Penalties: The Act prescribes imprisonment (up to six months) or fine (up to Rs. 500) or both for practicing 'untouchability'. Enhanced penalties are prescribed for subsequent convictions (Section 11).
- Abetment of Offence (Section 10): Anyone who incites, abets, or encourages the commission of any offence under this Act is punishable as if they committed the offence themselves.
- Presumption by Courts (Section 12): If an offence relates to a member of a Scheduled Caste, the court shall presume that such act was committed on the ground of 'untouchability', unless the contrary is proved.
- State Government's Role (Section 15A): Mandates State Governments to take necessary measures for the effective implementation of the Act, including providing legal aid, setting up special courts, constituting committees, and identifying 'untouchability'-prone areas.
- Collective Fines (Section 10A): State Governments have the power to impose collective fines on the inhabitants of an area if they are found to be involved in or abetting offences under the Act.
- Offences to be Cognizable and Summarily Triable (Section 15): Offences under the Act are cognizable (police can arrest without a warrant) and triable summarily, ensuring quicker justice.
Judicial Pronouncements:
The Supreme Court in State of Karnataka v. Appa Balu Ingale (1995) emphasized that the Protection of Civil Rights Act, 1955, should be interpreted in light of the constitutional goals of abolishing untouchability and ensuring social equality. The Act's scope is not limited to penalizing specific acts but also extends to protecting the civil rights of Dalits, thereby reinforcing Article 17's mandate.
Conclusion
The Protection of Civil Rights Act, 1955, despite its age, remains a pivotal piece of legislation in India's ongoing struggle against social discrimination based on 'untouchability'. By criminalizing discriminatory practices and prescribing stringent penalties, it provides a legal framework to enforce the constitutional mandate of Article 17. While the Act has contributed significantly to deterring overt forms of 'untouchability', challenges persist in its effective implementation, particularly in addressing subtle and systemic discrimination. Continuous vigilance, robust enforcement, and public awareness campaigns are essential to realize its full potential and foster a truly egalitarian society.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.