LAWLIGHTS: HOW UNTOUCHABILITY IS STILL POTRAYED IN INDIA AND HOW THE IMPORTANT PROVISIONS UNDER PROTECTION OF CIVIL RIGHTS ACT 1955 DEALS WITH IT?

LAWLIGHTS: HOW UNTOUCHABILITY IS STILL POTRAYED IN INDIA AND HOW THE  IMPORTANT PROVISIONS UNDER PROTECTION OF CIVIL RIGHTS ACT 1955 DEALS WITH IT?

Civil rights are the rights which are implemented for all the citizens of its nation to get equal opportunities in all the basic fundamental rights like food, shelter, education, job, etc. regardless of race, sex, religion or national origin.

Our constitution itself enacted in its provision for the fundamental rights and fundamental duties for its citizens, moreover there are several acts amended for the welfare of the people to protect their rights, in that there is a special act called THE PROTECTION OF CIVIL RIGHTS ACT 1955, which consist of provisions particularly made for the protection of civil rights of the people.

Later it is amended in 1976 and it is changed as PROTECTION OF ATTROCITIES ACT, 1989.

THE PROTECTION OF CIVIL RIGHTS ACT, 1955:

This act is mainly introduced to give punishment for the people who are preaching and practicing “untouchability”.

Click here FOR PCR ACT 1955 AND ITS FULL PROVISIONS.

TOTAL NUMBER OF SECTIONS: 17

For example, just take an important note on section 5 because every common man should know this once.

SECTION 5: PUNISHMENT FOR REFUSING TO ADMIT PERSONS TO HOSPITALS ETC.

Whoever on the ground of “untouchability” refuses to admission to any person to any hospital, dispensary, educational hospital institution or any hostel, which are established for the benefit of the people and maintained for the general public or any section there of; or

Does any act which discriminates against any such person after admission to any of the aforesaid institutions; shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

All the sections under this act are important and framed for the protection of the  people who were isolated by the society, but by the survey of Indian human development  clearly explains the deep entrenchment of social isolation and untouchability are still in practice.

The report of Madhya Pradesh police says that there were no cases admitted under PCR act from 2014 to 2016.

But somewhat this act brings a positive change despite of this the data shows that the cases registered under PCR act are still persisting, during the year of 2016 Bihar and Maharashtra were topped the list with 86 cases and highest number of cases were witnessed in Maharashtra.

The report taken by the INDIAN HUMAN DEVELOPMENT SURVEY still people of various states responded for the belief in untouchability, with various percent.

In 2004 the MINSITRY OF SOCIAL JUSTICE AND EMPOWERMENT allotted for a study named “EVALUATION OF THE PROTECTION OF CIVIL RIGHTS ACT 1955 AND ITS IMPACT ON THE ERADICATION OF UNTOUCHABILITY” from NLU, Bangalore.

This survey in some extent brought some facts from the minds of the people that untouchability is still persisting and made the committee to amend the act with some procedural reforms, payment of compensation to witnesses, and settled a civil rights enforcement committee.

WHY STILL THE COUNT OF VICTIMS IS GETTING ADDED AND ADDED…….?

Many legal provisions are available and day by day the laws are turning and reaching to its better and better ray of line for the people of the nation, but the rate of victims falling under different category are still increasing.

In case of preaching and promoting untouchability as a sin, how the victims of the crime are falling as prey to the group who are encouraging this, the reason behind this cause is the lack of knowledge of the victims.

RAKESH SAGAR AND DEEPAK VIDROHI one is superintendent of police of Neemuch, other is an advocate dealing the cases based on caste, race or religion discrimination observed and registered their views as,

1.  There is a lack of awareness of the people who are illiterate and in rural areas about the existence of this kind of legal aid.

2.   Victims are getting back their cases on various pressure is being putting on them.

3.    Deepak said that these cases are associated with the reputation of the government and those victims are basically unaware of this PCR act.

He finally said that, based on the above and the unknown reasons these types of cases are not reaching the court.

# BAN PCR ACT #

Recently on 15 April, 2020 there was an online protest to ban PCR act specially from the State of Tamilnadu, stating that there is a huge misuse of the act is happening, about this issue VCK general secretary and lok sabha MP D Ravi Kumar dismissed the charges and the statement of misusage of the act against other communities stating that, this act, a more stringent SC/ST (prevention of atrocities act) is enacted in 1989 and this act was amended and upheld by the highest court, i.e. the supreme court of India, and also stated there is no question on banning or repealing of this act.

Finally he told that this type of religious based crimes are so dangerous and serious when compared to the pandemic diseases, many hundreds of people are no more every year because of this hate crimes on the basis of religions.

SANTOSH KUMAR DIXIT AND OTHERS VS STATE OF U.P.

On 21.03.2018 he Supreme Court issued a strict guidelines stating that “in a string indictment of continued misuse of the act the court observed that this provision had become a tool for “blackmailing” innocent citizens and public servants and insist certain rules on automatic arrest on public servants, and the court also released the records of 2015, more than 5,000 cases were reported under this act and these were found be false against SC and ST.

More over the department of social justice and empowerment recorded the data for the year 2015,

1.     Total number of cases 15,638

2.     Decided by the court across many countries.

3.     Out of this 11,024 cases resulted in acquittal or discharge.

4.     4119 case alone resulted in conviction.

5.     NCRB data shows 16% of cases ended with closure reports and 75% cases ended in withdrawal.

This acts and rules are amended for the prevention and protection of people from religious and caste suppression to enhance them and give equal opportunities to all, these are not amended for the development of caste and religious activities, law are drafted for the people’s justice and equity, the only motto is to give equality to all in all basic rights without any discrimination based on caste, race, sex or religion, the above concept is clearly given by our Indian Constitution in its PREAMBLE as follows,

“WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to ALL ITS CITIZENS

JUSTICE, social, economic, and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

And to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation”.

References:

1.   The PCR act and (its amendments) 1955.

2.   The Supreme Court case data.