The
Protection of Civil Rights Act, 1955 was enacted to enforce the constitutional
mandate of abolishing "untouchability" as per Article 17 of the
Indian Constitution. The Act prescribes punitive measures for the practice of
"untouchability" and ensures the protection of civil rights for all
citizens.
Key
Provisions of the Act:
Short Title,
Extent, and Commencement:
The Act
is officially titled the Protection of Civil Rights Act, 1955.
It
extends to the entire territory of India.
The Act
came into force on 1st June 1955.
Definitions:
Civil
Rights: Rights accruing to a person by reason of the abolition of
"untouchability" under Article 17 of the Constitution.
Place:
Includes houses, buildings, and other structures, as well as tents,
vehicles, and vessels.
Enforcement
of Religious Disabilities: Prohibits preventing individuals from entering
public worship places or using sacred water resources.
Enforcement
of Social Disabilities: Prohibits denying access to shops, public
restaurants, hotels, public entertainment venues, cremation grounds, etc.
Refusal
of Admission: Prohibits denying admission to hospitals, dispensaries,
educational institutions, etc.
Refusal
to Sell Goods or Render Services: Prohibits refusing to sell goods or
provide services.
Other
Offenses: Addresses molestation, causing injury, insult, or annoyance on
the grounds of "untouchability".
Unlawful
Compulsory Labor: Deems compelling a person to engage in scavenging or
sweeping as an offense.
Preventive
Measures:
Cancellation
or Suspension of Licenses: Allows for the cancellation or suspension of
licenses upon conviction under the Act.
Resumption
or Suspension of Grants: Permits the resumption or suspension of
government grants made to individuals or institutions upon conviction.
Abetment
of Offense: Punishes individuals who abet offenses under the Act.
Collective
Fine: Empowers State Governments to impose collective fines in areas
where the Act is violated.
Enforcement
and Jurisdiction:
Cognizability
and Summary Trial: Offenses under the Act are cognizable and are to be
tried summarily.
Limitation
of Jurisdiction of Civil Courts: Restricts civil courts from entertaining
suits related to acts punishable under the Act.
Offenses
by Companies: Holds companies accountable for offenses committed under
the Act.
Implementation
and Monitoring:
State
Governments' Duty: Obligates State Governments to ensure the rights
arising from the abolition of "untouchability" are availed by
concerned persons.
Protection
of Actions Taken in Good Faith: Provides protection to individuals acting
in good faith under the Act.
Rule-Making
Power: Empowers the Central Government to make rules for carrying out the
purposes of the Act.
This
Act serves as a crucial legal framework to eliminate the practice of
"untouchability" and to protect the civil rights of all citizens,
ensuring equality and non-discrimination as envisioned in the Constitution of
India.
