THE PROTECTION OF CIVIL RIGHTS ACT, 1955 is an Act to prescribe punishment for the preaching and practice of “untouchability” for the enforcement of any disability arising there from and for matters connected therewith.
• Article 17: "Untouchability" is abolished and its practice in any form is forbidden.
To give effect to this Article, Parliament made an enactment viz., Untouchability (Offences) Act, 1955. To make the provisions of this Act more stringent, the Act was amended in 1976 and was also renamed as the Protection of Civil Rights Act, 1955
Definitions
Civil Rights
• They means any right accruing to a person by reason of the abolition of “untouchability” by article 17 of the Constitution.
Place of public entertainment
• They includes any place to which the public are admitted and in which an entertainment is provided or held.
Place of public worship
• They means a place 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 for the performance of any religious service, or for offering prayers.
Untouchability
• There is no definition in constitution for untouchability
In general following acts are considered as ground for untouchability
- Preventing from entering any place of public worship
- Preventing access to shop, hotel, hospital, educational institutions or any public place
- Disability with regard to practice of profession or carrying an occupation
- Refusing to sell goods or render service
- Encourage others to practice untouchability
Role of State Government
Duty of State Government (Article 15A)
- State Government shall ensure that rights arising from the abolition of "untouchability" are made available to persons subjected to any disability arising out of the "untouchability".
- Duty to provide adequate facilities, including legal aid.
- Setting up of special courts
- Setting up of Committees at such appropriate levels
- Periodic survey of the working of the provisions of this Act
Power of State Government
- Under Article 10A, state government can impose a collective fine on the inhabitants of an area concerned in or abetting the commission of any offence punishable under the Act.