'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.
The Untouchability (Offences) Act, 1955 was enacted and notified on 8 May, 1955.
Subsequently, it was amended and renamed in the year 1976 as 'Protection of Civil Rights Act, 1955'
Supreme Court held in the case of State of Karnataka v. Appa Balu Ingale, 1995 Supp (4) SCC 469, that the provisions of the Constitution as well as the Act serve threefold purposes: (i) outlawed the disabilities to which Dalits are subjected to, (ii) they are made an offence under the Act; and (iii) provides rights enforceable as civil rights.
An Act to prescribe punishment for the preaching and practice of untouchability for the enforcement of any disability arising therefrom and for matters connected therewith?
Section 2(a) means any right accruing to a person by reason of the abolition of untouchability by article 17 of the Constitution.
Section 2(b) means a house building and other structure and premises, and also includes a tent, vehicle and vessel.
The Act lists out various acts that would amount to Offences. These are dealt under sections 3 to 10
To illustrate, sections indicated below deal with offences mentioned against each.
Undermentioned sections lay down offences listed against each.
3. Enforcing religious disabilities.
4. Enforcing social disabilities.
5. Refusing to admit persons to hospitals etc.
6. Refusing to sell goods or render services.
7. Other offences arising out of untouchability.
7A. Unlawful compulsory labour when deemed to be a practice of untouchability.
8. Cancellation or suspension of licence in certain cases.
Section 10 deals with abetment of offences. Further, a public servant who wilfully neglects the investigation of any offence punishable under this Act shall be deemed to have abetted an offence punishable under this Act.
Power of State Government to impose collection fine is provided for under section 10A.
Where any act constituting an offence under this Act is committed in relation to a member of a Scheduled Caste, the Court shall presume, unless the contrary is proved that such act was committed on grounds of 'untouchability'.
Offences by Companies are covered under section 14. Where an offence under this Act has been committed by a company, every person who was in-charge of and was responsible to the company for the conduct of its business shall be deemed to be guilty of the offence.
Section 15 points out that the offences are to be cognizable and tried summarily.
Section 15A Structure and mechanism for implementation and monitoring of PCRA, 1955.
A duty has been cast upon each State Government which is to ensure that the rights arising from abolition of 'untouchability' are made available and are availed by all.
Measures be taken by the State Governments for ensuring that the rights arising from the abolition of untouchability are made available to and are availed of by are enumerated in section 15A(2). These are in regard to:-
1. Legal Aid
2. Special Courts
3. Committees
4. Special Police Stations
5. Incentives for inter-caste marriages
Adequate facilities including legal aid to the persons subjected to any disability arising out of 'untouchability' to enable them to avail themselves of such rights.
Different States have set up.
- Mobile Courts
- Designated Courts
- Special Courts
Setting up of Committees at such appropriate levels as the State Governments may think fit to assist them in formulating or implementing such measures.
Special Police Stations are visualized for registration of complaints of offences against SC and ST.
Incentives for Inter-Caste Marriage vary from Rs. 2000 to Rs. 50,000
Section 16 states that this Act is to override other laws.
Section 16A makes it clear that the Probation of Offenders Act, 1958 is not to apply to persons above the age of fourteen years.
Supreme Court expounded in State of Karnataka v. Appa Balu Ingale, 1995 Supp (4) SCC 469, that the thrust of article 17 and the Act is to liberate the society from blind and ritualistic adherence and traditional beliefs which have lost all legal or moral base. It seeks to establish a new ideal for society equality to the Dalits, at par with general public, absence of disabilities, restrictions or prohibitions on grounds of caste or religion, availability of opportunities and sense of being participants in the mainstream of national life.
1. National Commission for Scheduled Castes (NCSC) (article 338). The Constitution, composition, duties and powers are all indicated in the article.
2. National Commission for Scheduled Tribes (NCST) (article 338A). Similarly, the Constitution, composition, duties and powers of the NCST are provided for under the said article.
Jamia Millia Islamia University, as a minority institution, has a proposal to give a ten per cent. backward class quota to only OBCs and SCs among Muslims. The move had led to murmurs about its legality. If implemented, the legality of giving quota to 'SC Muslims' may be questionable because the Constitution limits Dalit status to Hindus, Buddhists and Sikhs.
Discrimination against Dalits continues despite the national laws banning it. In many cases Dalits continue to live outside villages; excommunicated from society. They are denied entry into temples, they are not allowed to draw water from community wells. They are often subjected to violence, if any form of resistance is shown from their side. The police is reluctant to register their complaints. The existing legal system has to travel a long way to address the problem of untouchability in a wholesome manner.
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