India is a country with diverse groups of people with many castes and religions, which created a barrier between the people high and low, which in turn created the practice of untouchability, restriction to certain places, social and religious disabilities and so on. To preserve the civil rights of individuals and guarantee the comprehensive application of this act. This act was enacted to enforce Article 17 of the constitution of India. Initially, it was known as the Untouchability Act and later in the later in 1955, it was renamed Civil Rights since it covers the entire ambit of the Protection of Civil Rights as a whole rather than solely focusing on untouchability because it looked after protecting civil rights as a whole rather than solely focusing on untouchability. The Act aimed to uphold the principles of equality1 and non-discrimination2 and to remove untouchability3 prescribed in the Indian Constitution.

Objective:

  • The Untouchability (Offence) Act of 1955 was renamed the Protection of Civil Rights Act of 1976 to widen the scope of discrimination.
  • This Act mainly focuses on punishing offence-related practices in the Hindu caste system.
  •  Protection of civil rights of a person irrespective of the Hindu caste system.
  • Creation of a social justice system by breaking down the barriers imposed by the caste system.

Change of name

Matters of untouchability were the highest prevailing issue during 1955. The original name was a direct response to the specific issue of untouchability, a deeply ingrained practice that had marginalised and oppressed millions of people for centuries. However, as India embarked on its journey towards a more inclusive and equitable society, it became clear that the issue of discrimination was multifaceted and extended beyond just untouchability. It aims to protect the rights of people who are affected by the Hindu caste system and to protect them from further harm and hurt by abolishing it. It also proves punishments for such actions.

Key areas of the act:

There are four specific key areas to look into: this discriminatory practice, rooted in the Hindu caste system, had marginalised millions of people for centuries. By criminalising discriminatory practices and empowering individuals to seek legal redress, the Act aimed to create a more just and equitable society.

The main focuses of the Protection of Civil Rights Act, 1955 are:

  1. Abolition of Untouchability:

    Untouchability was abolished in 1950 by the Constitution of India abolished untouchability in 1950. Even though it is forbidden by law, people follow it by other means, like restricting access to certain places, shops, etc. Sections 3 to 7A of the Protection of cCivil Rights Act 1976 discuss untouchability and its punishments. The primary aim of the Act is to eradicate the practice of untouchability in all its forms. It prohibits any discrimination or restriction based on caste (Dalits and Adivasis).
  2. Protection of Civil Rights:

    Civil rights are the fundamental rights of every individual, irrespective of race, religion, gender, sex, or other characteristics. These rights ensure that every person is treated equally and given opportunities for all members of society. That’s guaranteed under Article 211of the Indian constitution. This act ensures that people have equal access to public places, services, and opportunities. The Civil Rights Act protects the people by cancelling, suspending, and punishing wilful negligence, and can collect a fine for it. 
  3. Punishment for Offences:

    Offenders must be punished to maintain equality and equal treatment in society. The Act prescribes penalties for those who practise or enforce untouchability. This includes punishments for refusing to sell goods or services, denying access to public places, or preventing individuals from practising their religion. The maximum punishment for the offence is 6 months in the act with famine.
  4. Promotion of Social Justice:

    The Act aims to create a more just and equitable society by breaking down the barriers imposed by the caste system. It promotes social harmony and inclusion. A special court was created to allow the trial of offences under this act. In addition, victims of atrocities were given compensation, which helps in rehabilitation and recovery under the law. 

Punishments and their enhancement:

The maximum punishment given was 6 months of imprisonment or a fine up to rupees 500 or both. Mostly, the offences are related to

  • forbidding public place entry
  • Refuse to sell goods and services
  • Compelling to certain jobs which affects the divinity of the person.
  • Refusal to abe admittedin hospital
  • Social disabilities
  • Religious disabilities

Second-time offenders are imprisoned for a period not less than 6 months and not more than 1 year. Along with that, a fine of 200 rupees and not higher than 500 rupee will be imposed.

In case of a third, time offender will be imprisoned for a period of 1 year to 2 years; not more than that, similarly a fine will also be imposed. The fine should be less than 2 thousand and more than one thousand rupees.

Other punishments:

  • Cancellation or suspension of licence in case the person is connected with the practice of untouchability. When a person convicted of an offence under section 61 holds any licence under any profession, trade, calling, or employment related to the offence, the court has the power to cancel their licence ( it can be a permit or permission) by law. 
  • Resumption or suspension of grant of land. Untouchability in the government granted public worship places.

Exemption from convicting under this act

  • Compoundable offences: The victim can agree to settle the matter with the accused outside of court, which may allow the accused to avoid conviction.
  • Expire the limitation period of filing a case: if you fail to process a case within 30 days.
  • Judicial discretion: The court has the discretion to consider mitigating factors, impose lesser punishments, or even acquit the accused in certain circumstances.
  • Children less than the age of 14: The provisions of the Probation of Offenders Act, 1958 (20 of 1958), shall not apply to any person above the age of fourteen years who is found guilty of having committed any offence punishable under this Act.

Case laws

  1. State of Karnataka v. Appa Balu Ingale

    The Supreme Court, in this case, Article 17 and the relevant statute, aim to eradicate caste-based discrimination by challenging archaic customs and practices. The law seeks to establish a new social order where Dalits enjoy equality of status and opportunity, free from disabilities, restrictions, or prohibitions based on caste or religion. This transformative goal aims to integrate Dalits fully into national life.
  2. Bharatinath Namdeo Gavand v. Lakhsman Mali

    The petitioner, a non-Scheduled Caste individual, alleged social boycott and discrimination by the accused. He argued that the Protection of Civil Rights Act, 1955, applies to all individuals, not just Scheduled Castes and Tribes. However, the lower court dismissed the case, ruling that the Act only protects those traditionally considered “untouchable.” The petitioner has appealed to the High Court, challenging the lower court’s narrow interpretation of the Act. The key question is whether the Act’s protections extend beyond Scheduled Castes and Tribes to individuals who face social ostracism and discrimination. The Court held that the Protection of Civil Rights Act does not extend to “Other Backward Classes.” It can only be invoked by individuals who are considered “untouchable” under the law.
  3. V.P. Shetty vs Sr. Inspector Of Police And Anr.

    The petitioner challenged an FIR registered under the Atrocities Act, claiming the complaint didn’t disclose any offense under Section 3(1)(x). The court agreed, noting the complaint didn’t specify the insults or humiliations that occurred within public view. However, the court found prima facie evidence of an offence under Section 7(1)(d) of the Civil Rights Act, related to insults based on untouchability. The FIR was quashed for the Atrocities Act charge but upheld for the Civil Rights Act offence.

AUTHOR:

Y. J. Jeslin Jesiya, 5th year BBA. LL.B (Hons.), Saveetha School of Law, Chennai

Share.

Leave A Reply