THE PROTECTION OF CIVIL RIGHTS ACT,
1955 _______
SECTIONS:
1. Short title, extent and commencement.
2. Definitions.
3. Punishment for enforcing religious
disabilities.
4. Punishment for
enforcing social disabilities.
5. Punishment for
refusing to admit person to hospitals, etc.
6. Punishment for refusing to sell goods or
render services.
7. Punishment for other
offences arising out of “untouchability”.
7A. Unlawful compulsory labour when to be
deemed to be a practice of “untouchability”.
8. Cancellation or
suspension of licences in certain cases.
9. Resumption or
suspension of grants made by Government.
10. Abetment of
offence. 10A. Power of State Government to impose collective fine.
11. Enhanced penalty on
subsequent conviction.
12. Presumption by
Courts in certain cases.
13. Limitation of
Jurisdiction of Civil Courts.
14. Offences by
companies.
14A. Protection of action taken in good faith.
15. Offences to be
cognizable and triable summarily.
15A. Duty of State
Government to ensure that the rights accruing from the abolition of
“untouchability” may be availed of by the concerned persons.
16. Act to override
other laws.
16A. Probation of Offenders Act, 1958, not to
apply to persons above the age of fourteen years.
16B. Power to make rules.
17. Repeal.
THE SCHEDULE
THE PROTECTION OF CIVIL RIGHTS ACT, 1955 ACT
NO. 22 OF 1955
[8th May, 1955.]
An Act to prescribe
punishment for the 2 [preaching and practice of “Untouchability”] for the
enforcement of any disability arising therefrom and for matters connected
therewith. BE it enacted by Parliament in the Sixth Year of the Republic of
India as follows:—
1.
Short
title, extent and commencement.—
(1)
This Act may be called 3 [the Protection of Civil Rights Act], 1955.
(2)
It extends to the whole of India.
(3)
It shall come into force on such date4 as the Central Government may, by
notification in the Official Gazette, appoint.
2.
Definitions.—In this Act,
unless the context otherwise requires,—
(a)
“civil rights” means any right accruing to a person by reason of the abolition
of “untouchability” by article 17 of the Constitution;]
(aa) “hotel” includes a
refreshment room, a boarding house, a lodging house, a coffee house and a cafe;
(b) “place” includes a house, building and
other structure and premises; and also includes a tent, vehicle and vessel;]
(c)
“place of public entertainment” includes any place to which the public are
admitted and in which an entertainment is provided or field.
Explanation.—“Entertainment”
includes any exhibition performance, game, sport and any other form of
amusement;
(d)
“place of public worship” means a place, by whatever name known, which is used
as a place of public religious worship or which is dedicated generally to, or
is used generally by persons professing any religion or belonging to any
religious denomination or any section thereof, for the performance of any
religious service, or for offering prayers therein, 8 [and includes—
(i)
all lands and subsidiary shrines appurtenant or attached to any such place;
(ii)
a privately owned place of worship which is, in fact, allowed by the owner
thereof to be used as a place of public worship; and
(iii) such land or subsidiary shrine
appurtenant to such privately owned place of worship as is allowed by the owner
thereof to be used as a place of public religious worship;]
(da)
“prescribed” means prescribed by rules made under this Act;
(db)
“Scheduled Castes” has the meaning assigned to it in clause (24) of article 366
of the Constitution;
(e)
“shop” means any premises where goods are sold either wholesale or by retail or
both wholesale and by retail 2 [and includes—
(i)
any place from where goods are sold by a hawker or vendor or from a mobile van
or cart;
(ii)
a laundry and a hair cutting saloon;
(iii)
any other place where services are rendered to customers].
3. Punishment for enforcing religious
disabilities.—
Whoever
on the ground of “untouchability” prevents any person—
(a)
from entering any place of public worship which is open to other persons
professing the same religion 3 * * * or any section thereof, as such person; or
(b) from worshipping or offering prayers or
performing any religious service in any place of public worship, or bathing in,
or using the waters of, any sacred tank, well, spring or water-course 4 [river
or lake or bathing at any ghat of such tank, water-course, river or lake] in
the same manner and and to the same extent as is permissible to the other
persons professing the same religion 3 * * * or any section thereof, as such
person, 5 [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].
Explanation.—For
the purposes of this section and section 4 persons professing the Buddhist,
Sikh or Jaina religion or persons professing the Hindu religion in any of its
forms or developments including Virashaivas, Lingayats, Adivasis, followers of
Brahmo, Prarthana, Arya Samaj and the Swaminarayan Sampraday shall be deemed to
be Hindus.
4.
Punishment for enforcing social
disabilities.—
Whoever
on the ground of “untouchability” enforces against any person any disability
with regard to—
(i)
access to any shop, public restaurant,
hotel or place of public entertainment; or
(ii)
the use of any utensils, and other articles
kept in any public restaurant, hotel, dharamshala, sarai or musafirkhana for
the use of the general public or of 6 [any section thereof]; or
(iii)
the practice of any profession or the
carrying on of any occupation, trade or business 7 [or employment in any job];
or
(iv)
the use of, or access to, any river,
stream, spring, well, tank, cistern, water-tap or other watering place, or any
bathing ghat, burial or cremation ground, any sanitary convenience, any road.or
passage, or any other place of public resort which other members of the public,
or 1 [any section thereof], have a right to use or have access to; or
(v)
the use of, or access to, any place used
for a charitable or a public purpose maintained wholly or partly out of State
funds or dedicated to the use of the general public or 1 [any section thereof];
or
(vi)
the enjoyment of any benefit under a
charitable trust created for the benefit of the general public or of 1 [any
section thereof]; or
(vii)
the use of, or access to, any public
conveyance; or
(viii)
the construction, acquisition, or
occupation of any residential premises in any locality, whatsoever; or
(ix)
the
use of any dharamshala, sarai or musafirkhana which is open to the general
public, or to 1 [any section thereof]; or
(x)
the observance of any social or
religious custom, usage or ceremony or 2 [taking part in, or taking out, any
religious, social or cultural procession]; or
(xi)
the use of jewellery and finery, 3 [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].
Explanation.—For
the purposes of this section, “enforcement of any disability” includes any
discrimination on the ground of “untouchability”.
5. Punishment for refusing to admit person to hospitals, etc.—
Whoever on the ground
of “untouchability”—
(a) refuses admission
to any person to any hospital, dispensary, educational institution or any
hostel 5 ***, if such hospital, dispensary, educational institution or hostel
is established or maintained for the benefit of the general public or any
section thereof; or
(b) does any act which
discriminates against any such person after admission to any of the aforesaid
institutions, 6 [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].
6. Punishment for
refusing to sell goods or render services.—Whoever on the ground of
“untouchability” refuses to sell any goods or refuses to render any service to
any person at the same time and place and on the same terms and conditions at
or which such goods are sold or services are rendered to other persons in the
ordinary course of business 7 [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].
7. Punishment for other
offences arising out of “untouchability”.—(1) Whoever—
(a) prevents any person from exercising any
right accruing to him by reason of the abolition of “untouchability” under
Article 17 of the Constitution; or
(b) molests, injures,
annoys, obstructs or causes or attempts to cause obstruction to any person in
the exercise of any such right or molests, injures, annoys or boycotts any
person by reason of his having exercised any such right; or
(c) by words, either
spoken or written, or by signs or by visible representations or otherwise,
incites or encourages any person or class of persons or the public generally to
practice “untouchability” in any form whatsoever; 1 [or]
(d) insults or attempts
to insult, on the ground of “untouchability”, a member of a Scheduled Caste;] 2
[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].
[Explanation
I ].—A person shall be deemed to boycott another person who—
(a) refuses to let to such other person or
refuses to permit such other person, to use or occupy any house or land or
refuses to deal with, work for hire for, or do business with, such other person
or to render to him or receive from him any customary service, or refuses to do
any of the said things on the terms on which such things would be commonly done
in the ordinary course of business; or
(b) abstains from such
social, professional or business relations as he would ordinarily maintain with
such other person.
[Explanation II.—For the purpose of clause
(c) a person shall be deemed to incite or encourage
the practice of “untouchability”—
(i) if he, directly or indirectly, preaches
“untouchability” or its practice in any form; or
(ii) if he justifies, whether on historical,
philosophical or religious grounds or on the ground of any tradition of the caste
system or on any other ground, the practice of “untouchability” in any form.]
1 [(1A) Whoever commits any offence
against the person or property of any individual as a repraisal or revenge for
his having exercised any right accruing to him by reason of the abolition of
“untouchability” under article 17 of the Constitution, shall, where the offence
is punishable with imprisonment for a term exceeding two years, be punishable
with imprisonment for a term which shall not be less than two years and also with
fine.]
(2) Whoever—
(i) denies to any person belonging to
his community or any section thereof any right or privilege to which such
person would be entitled as a member of such community or section, or
(ii) takes any part in the ex-communication of such
person, on the ground that such person has refused to practice “untouchability”
that such person has done any act in furtherance of the objects of this Act,
[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.]
7A.
Unlawful compulsory labour when to be deemed to be a practice of
“untouchability”.—
(1) Whoever compels any person, on the ground of
“untouchability”, to do any scavenging or sweeping or to remove any carcass or
to flay any animal, or to remove the umbilical cord or to do any other job of a
similar nature shall be deemed to have enforced a disability arising out of
“untouchability”.
(2) Whoever is deemed under sub-section (1) to
have enforced a disability arising out of “untouchability” shall be punishable
with imprisonment for a term which shall not be less than three months and not
more than six months and also with fine which shall not be less than one
hundred rupees and not more than five hundred rupees.
Explanation.—For the purposes of this
section, “compulsion” includes a threat of social or economic boycott.]
8.
Cancellation or suspension of licences in certain cases.—
When a person who is convicted of an
offence under section 6 holds any licence under any law for the time being in
force in respect of any profession, trade, calling or employment in relation to
which the offence is committed, the court trying the offence may without
prejudice to any other penalty to which such person may be liable under that
section, direct that the licence shall stand cancelled or be suspended for such
period as the court may deem fit, and every order of the court so cancelling or
suspending a licence shall have effect as if it had been passed by the
authority competent to cancel or suspend the licence under any such law.
Explanation.—In this
section, “licence” includes a permit or a permission.
9. Resumption or suspension of grants made by
Government.—
Where
the manager or trustee of a place of public worship 1 [for any educational
institution or hostel] which is in receipt of a grant of land or money from the
Government is convicted of an offence under this Act and such conviction is not
reversed or quashed in any appeal or revision, the Government may, if in its
opinion the circumstances of the case warrant such a course, direct the
supension or resumption of the whole or any part of such grant.
10.
Abetment of offence.—
Whoever abets any offence under this Act
shall be punishable with the punishment provided for the offence.
[Explanation.— 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.]
10A.
Power of State Government to impose collective fine.—
(1) If, after an inquiry in the
prescribed manner, the State Government is satisfied that the inhabitants of an
area are concerned in, or abetting the commission of, any offence punishable
under this Act, or harbouring persons concerned in the commission of such
offence or failing to render all the assistance in their power to discover or
apprehend the offender or offenders or suppressing material evidence of the
commission of such offence, the State Government may, by notification in the
Official Gazette, impose a collective fine on such inhabitants and apportion
such fine amongst the inhabitants who are liable collectively to pay it, and
such apportionment shall be made according to the State Government’s judgment
of the respective means of such inhabitants and in making any such
apportionment the State Government may assign a portion of such fine to a Hindu
undivided family to be payable by it:
Provided that the fine apportioned to an
inhabitant shall not be realised until the petition, if any, filed by him under
sub-section (3), is disposed of.
(2) The notification made under
sub-section (1) shall be proclaimed in the area by beat of drum or in such
other manner as the State Government may think best in the circumstances to
bring the imposition of the collective fine to the notice of the inhabitants of
the said area.
(3) (a) Any person aggrieved by the
imposition of the collective fine under sub-section (1) or by the order of
apportionment, may, within the prescribed period, file a petition before the
State Government or such other authority as that Government may specify in this
behalf for being exempted from such fine or for modification of the order or
apportionment: Provided that no fee shall be charged for filing such petition.
(b) The State Government or the
authority specified by it shall, after giving to the petitioner a reasonable
opportunity of being heard, pass such order as it may think fit: Provided that
the amount of the fine exempted or reduced under this section shall not be
realisable from any person, and the total fine imposed on the inhabitants of an
area under sub-section (1) shall be deemed to have been reduced to that extent.
(4) Notwithstanding anything contained
in sub-section (3), the State Government may exempt the victims of any offence
punishable under this Act or any person who does not, in its opinion, fall
within the category of persons specified in sub-section (1), from the liability
to pay the collective fine imposed under sub-section (1) or any portion
thereof.
(5) The portion of collective fine
payable by any person (including a Hindu undivided family) may be recovered in
the manner provided by the Code of Criminal Procedure, 1973 (2 of 1974), for
the recovery of fines imposed by a Court as if such portion were a fine imposed
by a Magistrate.]
11. Enhanced penalty on subsequent conviction.—
Whoever having already been convicted of
an offence under this Act or of an abetment of such offence is again convicted
of any such offence or abetment, 1 [shall, on conviction, be punishable—
(a) for the second offence, with imprisonment
for a term of not less than six months and not more than one year, and also
with fine which shall be not less than two hundred rupees and not more than
five hundred rupees;
(b) for the third offence or any offence
subsequent to the third offence with imprisonment for a term of not less than
one year and not more than two years, and also with fine which shall be not
less than five hundred rupees and not more than one thousand rupees].
12.
Presumption by Courts in certain cases.—
Where any act constituting an offence
under this Act is committed in relation to a member of a Scheduled Caste 2 ***,
the Court shall presume, unless the contrary is proved, that such act was
committed on the ground of “untouchability”.
13.
Limitation of Jurisdiction of Civil Courts.—
(1) No Civil Court shall entertain or
continue any suit or proceeding or shall pass any decree or order if the claim
involved in such suit or proceeding or if the passing of such decree or order
or if such execution would in any way be contrary to the provisions of this
Act.
(2) No Court shall, in adjudicating any
matter or executing any decree or order, recognise any custom or usage imposing
any disability on any person on the ground of “untouchability”.
14. Offences by companies.—
(1) If the person committing an offence
under this Act is a company, every person who at the time the offence was
committed was in charge of, and was responsible to the company for the conduct
of the business of the company, shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this
sub-section shall render any such person liable to any punishment, if he proves
that the offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained
in sub-section (1), where an offence under this Act has been committed with the
consent of any director or manager, secretary or other officer of the company,
such director, manager, secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
Explanation.—For the purposes of this
section,—
(a) “company” means any body corporate
and includes a firm or other association of individuals; and
(b) “director” in relation to a firm means a
partner in the firm.
14A. Protection of action taken in good
faith.—
(1) No suit, prosecution or other legal
proceeding shall lie against the Central Government or a State Government for
anything which is in good faith done or intended to be done under this Act.
(2) No suit or other legal proceeding shall
lie against the Central Government or a State Government for any damage caused
or likely to be caused by anything which is in good faith done or intended to
be done under this Act.]
15.
Offences to be cognizable and triable summarily.—
(1) Notwithstanding anything contained
in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable
under this Act shall be cognizable and every such offence, except where its
punishable with imprisonment for a minimum term exceeding three months, may be
tried summarily by a Judicial Magistrate of the first class or in a
metropolitan area by a Metropolitan Magistrate in accordance with the procedure
specified in the said Code.
(2) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974), when any public servant is
alleged to have committed the offence of abetment of an offence punishable
under this Act, while acting or purporting to act in the discharge of his
official duty, no Court shall take cognizance of such offence of abetment
except with the previous sanction—
(a) of the Central Government, in the case of
a person employed in connection with the affairs of the Union; and
(b) of the State Government, in the case of a
person employed in connection with the affairs of a State.
15A.
Duty of State Government to ensure that the rights accruing from the abolition
of “untouchability” may be availed of by the concerned persons.—
(1) Subject to such rules as the Central
Government may make in this behalf, the State Government shall take such
measures as may be necessary for ensuring that the rights arising from the
abolition of “untouchability” are made available to, and are availed of by the
persons subjected to any disability arising out of “untouchability”.
(2) In particular, and without prejudice to
the generality of the provisions of sub-section (1), such measures may include—
(i) the provision of 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;
(ii) the appointment of officers for
initiating or exercising supervision over prosecutions for the contravention of
the provisions of this Act;
(iii) the setting up of special courts
for the trial of offences under this Act;
(iv) the setting up of Committees at such
appropriate levels as the State Government may think fit to assist the State
Government in formulating or implementing such measures;
(v) provision for a periodic survey of
the working of the provisions of this Act with a view to suggesting measures
for the better implementation of the provisions of this Act;
(vi) the identification of the areas
where persons are under any disability arising out of “untouchability” and
adoption of such measures as would ensure the removal of such disability from
such areas.
(3) The Central Government shall take such
steps as may be necessary to coordinate the measures taken by the State
Governments under sub-section (1).
(4) The Central Government shall, every
year, place on the Table of each House of Parliament, a report on the measures
taken by itself and by the State Governments in pursuance of the provisions of
this section.]
16. Act to override other laws.—Save as
otherwise expressly provided in this Act, the provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any other
law for the time being in force, or any custom or usage or any instrument
having effect by virtue of any such law or any decree or order of any Court or
other authority.
16A.
Probation of Offenders Act, 1958, not to apply to
persons above the age of fourteen years.—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.]
16B.
Power to make rules.—
(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of
this Act.
(2) Every rule made by the Central Government
under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament while it is in session for a total period of thirty days
which may be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session immediately following the session or
the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as
the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.]
17.
Repeal.—
The enactments specified in the Schedule
are hereby repealed to the extent to which they or any of the provisions
contained therein correspond or are repugnant to this Act or to any of the
provisions contained therein.
THE SCHEDULE
(See section 17)
1. The Bihar Harijan (Removal of Civil
Disabilities) Act, 1949 (Bihar Act XIX of 1949).
2. The Bombay Harijan (Removal of Social
Disabilities) Act, 1946 (Bombay Act X of 1947).
3. The Bombay Harijan Temple Entry Act,
1947 (Bombay Act XXXV of 1947).
4. The Central Provinces and Berar
Scheduled Castes (Removal of Civil Disabilities) Act, 1947 (Central Provinces
and Berar Act XXIV of 1947).
5. The Central Provinces and Berar
Temple Entry Authorisation Act, 1947 (Central Provinces and Berar Act XLI of
1947).
6. The East Punjab (Removal of Religious
and Social Disabilities) Act, 1948 (East Punjab Act XVI of 1948).
7. The Madras Removal of Civil
Disabilities Act, 1938 (Madras Act XXI of 1938).
8. The Orissa Removal of Civil
Disabilities Act, 1946 (Orissa Act XI of 1946).
9. The Orissa Temple Entry Authorisation
Act, 1948 (Orissa Act XI of 1948).
10. The United Provinces Removal of
Social Disabilities Act, 1947 (U.P. Act XIV of 1947).
11. The West Bengal Hindu Social
Disabilities Removal Act, 1948 (West Bengal Act XXXVII of 1948).
12. The Hyderabad Harijan Temple Entry
Regulations, 1358 F (No. LV of l358 Fasli).
13. The Hyderabad Harijan (Removal of
Social Disabilities) Regulations, 1358F (No. LVI of 1358. Fasli).
14. The Madhya Bharat Harijan Ayogta
Nivaran Vidhan, Samvat 2005 (Madhya Bharat Act No. 15 of 1949).
15. The Removal of Civil Disabilities
Act, 1943 (Mysore Act XLII of 1943).
16. The Mysore Temple Entry
Authorisation Act, 1948 (Mysore Act XIV of 1948). 17. The Saurashtra Harijan
(Removal of Social Disabilities) Ordinance (No. XL of 1948).
18. The Travancore-Cochin Removal of
Social Disabilities Act, 1125K (Travancore-Cochin Act VIII of 1125).
19. The Travancore-Cochin Temple Entry
(Removal of Disabilities) Act, 1950 (Travancore-Cochin Act XXVII of 1950).
20. The Coorg Scheduled Castes (Removal
of Civil and Social Disabilities) Act, 1949 (Coorg Act I of 1949).
21. The Coorg Temple Entry Authorisation Act,
1949 (Coorg Act II of 1949).
No comments:
Post a Comment