JAMIA MILLIA ISLAMIA

Faculty of Law
Law & Poverty

PROTECTION OF CIVIL RIGHTS ACT, 1955

Submitted By- Syed Kamran Haider Rizvi

Student ID – 202101385
Roll No.- (58)
Submitted to: - Mr. Rasheed CA
Course: - B.A.LL.B. (Regular), 4TH Semester
2021-26

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 Table of Content

SR TITLE Page
NO. No.
1. INTRODUCTION 4-5
2. Main provisions of the Protection of Civil 5-6
Rights Act, 1955
3. RESPONSIBILITY FOR 7
IMPLEMENTATION OF THE ACT
4. SALIENT PROVISIONS OF THE ACT: 7-8
5. THE ACT PROVIDES FOLLOWING TYPES OF 9-13
OFFENCES
6. CONCLUSION 14
7. BIBLIOGRAPHY 14

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 Acknowledgement

I, Syed Kamran Haider Rizvi, am extremely

grateful for having the opportunity to work on this
project. I am thankful to VC, Jamia Millia Islamia
as well as to the Dean, Faculty of Law.
I want to thank my project supervisor Mr. Rasheed
CA for giving me valuable inputs during the
course of this assignment. I am thankful to all
those who helped me during the completion of this
assignment. Indeed, without the help of all these,
this assignment would not have been possible.
Working on this assignment has been insightful
journey for me and it has certainly helped me to
have a comprehensive understanding of my subject
matter.

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 INTRODUCTION

The Preamble to the Protection of Civil Rights Act describes it as an Act to "prescribe
punishment for the preaching and practice of untouchability for the enforcement of any
disability arising there from for matters connected therewith."

The focus of the Act therefore appears to be on punishing the preaching and practice of
untouchability. However, the title of the Act belies this assumption. The title of the Act was
changed from “Untouchability Offences Act” to “Protection of Civil Rights Act.” This title
was mooted even at the time of the enactment of the Untouchability Offences Act. During the
discussion on the Bill in the Rajya Sabha, Dr. Ambedkar had said that the name of the
legislation should be “The Civil Rights (Untouchables) Protection Act” so that it would
indicates enforcement and protection of rights in addition to punishment of offenders. The
same issue came up for discussion in the Parliamentary Joint Select Committee deliberations
studying the amendment of the Untouchability Offences Act. The Joint Select Committee
recommended that “By reason of the abolition of untouchability certain rights are conferred
on those who are subjected to the disability of untouchability and, therefore, the law should
mainly concern itself to protect those rights. Hence, more emphasis should be laid in order to
protect those rights rather than punishing the offenders who preach or practice untouchability
in any form. Therefore, the committee feels that the short title of the Principal Act should be
changed to the Protection of Civil Rights Act.”

Article 17 of the Constitution of India abolished the practice of untouchability. The Article
reads as follows:

“17. Abolition of Untouchability.

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.”1

1
Art.17 of Constitution of India
4
In pursuance of the above Constitutional provision, the Untouchability (Offences) Act, 1955
was enacted and notified on 08.05.1955. Subsequently, it was amended and renamed in the
year 1976 as the "Protection of Civil Rights Act, 1955". Rules under this Act, viz. "The
Protection of Civil Rights Rules, 1977" were notified in 1977. The Act extends to the whole
of India and provides punishment for the practice of untouchability. It is implemented by the
respective State Governments and Union Territory Administrations.

Main provisions of the Protection of Civil Rights Act, 1955-

Sections 3-7A of the Act defines the following as offences if committed on the ground of
“untouchability”, and lay down punishment for them:

i) Prevention from entering public worship places, using sacred water resources
(Section 3).

ii) Denial of access to any shop, public restaurant, hotel, public entertainment, cremation
ground etc. (Section 4).

iii) Refusal of admission to any hospital, dispensary, educational institutions etc. (Section
5).

iv) Refusal to sell goods and render services (Section 6).

v) Molestation, causing injury, insult etc. (Section 7).

vi) Compelling a person on the ground of untouchability to do any scavenging or

sweeping or to remove any carcass etc. (Section 7 A).2

Sections 8-11 of the Act contain certain preventive/deterrent previsions, which are as
follows:

2
S.R Myneni (2012). Law and Poverty
5
 i) Cancellation or suspension of licenses on conviction (Section 8).

ii) Resumption or suspension of grants made by Government (Section 9).

iii) Punishment for willful neglect of investigation by a public servant (Section 10).

iv) Power of State Government to impose collective fine. (Section 10A).

v) Enhanced penalty on subsequent conviction (Section 11)

Other provisions:

i) Presumption by courts in certain cases (Section 12).

ii) Offences to be cognizable and to be tried summarily.(Section 15).

iii) State Governments to take measures for effective implementation of the Act,
including:
• legal aid,

• setting up Special Courts.

• setting up of Committees at appropriate levels to assist the State Governments,

and

• identification of untouchability-prone areas and measures for eliminating the

practice in such areas (Section 15 A).3

3
Importance of Provisions under the Protection of the Civil Rights Act, available at:
https://blog.ipleaders.in/importance-provisions-protection-civil-rights-act/ (last visited on 12 April 2023)

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 RESPONSIBILITY FOR IMPLEMENTATION OF THE ACT

Responsibility for implementation of the Act primarily lies with State Governments and their
subordinate authorities (police and executive magistrate). At the Central level, (as per the
Government of India [Allocation of Business) Rules, 1961] responsibility in regard to
implementation of the Act is allocated as under:

Ministry of Home Affairs

Criminal offences against members of the Scheduled Castes and Scheduled Tribes, including
those under the Protection of Civil Rights Act, 1955.

Ministry of Social Justice and Empowerment

Implementation of the Protection of Civil Rights Act, 1955, (in so far as it relates to
Scheduled Castes) excluding the administration of criminal justice in regard to offences under
the Act.

Ministry of Tribal Affairs

Implementation of the Protection of Civil Rights Act, 1955, (in so far as it relates to
Scheduled Tribes) excluding the administration of criminal justice in regard to offences under
the Act.4

SALIENT PROVISIONS OF THE ACT:

• Any person who prevents a person belonging to Scheduled Caste community from
entering places like a public temple, using a well, water room, hotel, inn, shall be
prosecuted under the Act

4
Muralidhar, S. (2004). Law, Poverty, and Legal Aid: Access to Criminal Justice.

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 • In case if a barber disagrees to cut the hair of a member belonging to Scheduled Caste
or a laundryman refuses to wash his clothes, they shall also be considered as offenders
under this Act.

• It would be considered an offence if a member of Scheduled Caste community is

prevented from occupying a seat along with other people without any discrimination
at the place of religious service or prayer at a public place in the village.

• It would also be considered an offence under this Act if a member belonging to a

scheduled caste is treated with any discrimination at flour mill.

• The persons who maintain separate set of utensils for members of the Scheduled
Caste at the water tank and hotel shall also be considered as offender under this Act.

• All the offences of untouchability under this Act are cognizable offences (arrest
without warrant).

There is no provision for compromise under this Act.5

• A person committing an offence under this Act for the first time is punishable with a
minimum of 1 month imprisonment and a fine of Rs.100 and a maximum of 6 months
imprisonment and a fine of Rs. 500.

• If a person commits an offence for the second time, he is liable to be punished with
imprisonment for a period from 6 months to 1 year and a fine of Rs. 200 to Rs.500.

• If a person commits an offence for the third time he is liable to be punished with
imprisonment for a period from one to two years and a fine of Rs. 500 to Rs. 1000.

5
1- Protection of Civil Rights Act 1955, available at: https://unacademy.com/content/upsc/study-
material/law/protection-of-civil-rights-act-1955/#:~:text=under%20Indian%20Constitution-
,Introduction,of%20the%20Constitution%20of%20INDIA. (last visited on 13 April)

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 THE ACT PROVIDES FOLLOWING TYPES OF OFFENCES

• Punishment for enforcing religious disabilities, like preventing from entering any
place of public worship. (SECTION 3)

• Punishment for enforcing social disabilities, like Preventing access to shop, hotel,
hospital, educational institutions or any public place. (SECTION 4)

• Punishment for refusing to admit person to hospitals, etc. (SECTION 5)

• Disability with regard to practice of profession or carrying an occupation.

• Punishment for refusing to sell goods or render services, like Refusing to sell goods or
render service. (SECTION 6)6

SECTION DEFINES:

SECTION 3 OF THE ACT

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 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 [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

2- 6
Protection Of Civil Rights Act – An Overview, available at: https://lawcorner.in/protection-of-civil-
rights-act-an-overview (last visited on 13 April)

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 persons professing the same religion or any section thereof, as such person, 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.

SECTION 4 OF THE ACT

Punishment for enforcing social disabilities. 7

Whoever on the ground of "untouchability" enforces against any person any disability with
regard to:

a) access to any shop, public restaurant, hotel or place of public entertainment, or 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

b) the practice of any profession or the carrying on of any occupation, trade or business
or employment in any job; or

c) 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 any section thereof), have a right to use or have access to:
or

• 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 If any section thereof; or

• the enjoyment of any benefit under a charitable trust created for the benefit of the
general public or of any section thereof; or

3- 7
Protection Of Civil Rights Act – An Overview, available at: https://lawcorner.in/protection-of-civil-
rights-act-an-overview (last visited on 13 April)

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 • the use of, or access to, any public conveyance; or

• the construction, acquisition, or occupation of any residential premises in any

locality whatsoever; or

• the use of any dharamshala, sarai or musafirkhana which is open to the general
public, or to any section thereof; or

• the observance of any social or religious custom, usage or ceremony or taking part
in, or taking out, any religious, social or cultural procession; or the use of
jewellery and finery.

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 he not less than one hundred rupees and not
more than five hundred rupees.
If a person propagates “untouchability” or its practice in any form, an offence can be
registered under this Act against such person.
Any person who 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, shall be considered as an offender.8

SECTION 5 OF THE ACT

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, if such hospital, dispensary, educational institution or hostel is established
or maintained for the benefit of the general public or any section thereof; or

8
4- Importance of Provisions under the Protection of the Civil Rights Act, available at:
https://blog.ipleaders.in/importance-provisions-protection-civil-rights-act/ (last visited on 12 April
2023)
11
 b) 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.

SECTION 6 OF THE ACT

Punishment for refusing to sell goods or render services.

Whoever on the grounds 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 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.9

SECTION 7 OF THE ACT

Punishment for other offences arising out of "untouchability":

1. Whoever

• prevents any person from exercising any right accruing to him by reason of the
abolition of "untouchability" under Article 17 of the Constitution; or

• 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

9
Supra note 5
12
 • 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, or insults or attempts to insult,
on the ground of “untouchability”, a member of a Scheduled Caste

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.

2. Whoever

• 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

• 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.10

SECTION 7A OF THE ACT

Unlawful compulsory labour when to be deemed to be a practice of “untouchability”

• Whoever compels any person, on the ground of "untouchability", to do any scavenging

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”.

10
Supra note 6
13
 • 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.11

CONCLUSION

The Protection of Civil Rights Act is not an easy legislation to accept by the people even
though it makes a change in the society at large. Now, most of the people don’t compare
themselves with others on the basis of caste but they do compare on the basis of class. But
still, there are people who even know do the same but This concept changes the thinking of
the people and the implementation by the government makes a real difference as compared to
earlier times. It is necessary to be together because united we can make a change for our
country.

BIBLIOGRAPHY

1- Muralidhar, S. (2004). Law, Poverty, and Legal Aid: Access to Criminal Justice.
2- S.R Myneni (2012). Law and Poverty
3- Importance of Provisions under the Protection of the Civil Rights Act, available at:
https://blog.ipleaders.in/importance-provisions-protection-civil-rights-act/ (last visited
on 12 April 2023)
4- Protection of Civil Rights Act 1955, available at:
https://unacademy.com/content/upsc/study-material/law/protection-of-civil-rights-act-
1955/#:~:text=under%20Indian%20Constitution-
,Introduction,of%20the%20Constitution%20of%20INDIA. (last visited on 13 April)
5- Protection Of Civil Rights Act – An Overview, available at:
https://lawcorner.in/protection-of-civil-rights-act-an-overview (last visited on 13
April)

1- 11
Protection Of Civil Rights Act – An Overview, available at: https://lawcorner.in/protection-of-civil-
rights-act-an-overview (last visited on 13 April)
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