Protection of Civil Rights Act, 1955

The Protection of Civil Rights Act, 1955 gives penal and administrative effect to the constitutional abolition of untouchability. It defines a civil right as any right accruing to a person by reason of the abolition of untouchability under Article 17.

Constitutional link

Article 17 abolishes untouchability, forbids its practice in any form, and requires the enforcement of resulting disabilities to be punished by law. Under Article 35, Parliament has exclusive power to prescribe punishment for acts declared offences by Article 17. The law was originally called the Untouchability (Offences) Act, 1955 and was renamed and strengthened in 1976.

Conduct made punishable

The Act converts the constitutional prohibition into specific criminal offences involving the enforcement of disabilities arising from untouchability.

• It punishes denial of access to places of public worship, shops, restaurants, hotels, public entertainment and other places open to the public.
• It penalises restrictions on using public wells, tanks, roads and similar facilities, and on admission to hospitals and educational institutions.
• It punishes refusal to sell goods or render services, imposition of occupational or social disabilities, and molestation for exercising protected rights.
• It also penalises preaching, practising, justifying or inciting untouchability, including justification on religious, historical or caste-traditional grounds.

Enforcement mechanisms

The Act strengthens prosecution by making offences cognizable and permitting their summary trial by competent magistrates. When an offence is committed against a member of a Scheduled Caste, the court may presume that it was committed on the ground of untouchability unless the contrary is proved.

• Public servants who wilfully neglect the investigation of offences may be treated as abettors.
• State governments must take preventive and enforcement measures, including legal aid, designated officers, special courts, committees and identification of areas where untouchability is practised.
• The Act provides enhanced punishment for subsequent convictions and allows cancellation or suspension of licences connected with certain offences.