S
Sahaj Vidhi
Law optional 2017 Paper II

The object of the Protection of Civil Rights Act, 1955 is to abolish untouchability." Discuss.

Verified Answer

  1. Core Legal Answer & Context: The Protection of Civil Rights Act, 1955 (PCRA), formerly known as the Untouchability (Offences) Act, 1955, was enacted with the explicit and primary objective of abolishing 'untouchability' and enforcing the fundamental right enshrined in Article 17 of the Constitution of India. Untouchability, a deeply entrenched social evil, historically subjected certain communities to severe discrimination, degradation, and denial of basic human rights and dignity. The PCRA aims to eradicate this practice by making its observance in any form a punishable offense. It seeks to provide legal teeth to the constitutional mandate, ensuring that those who practice or preach untouchability face legal consequences, thereby promoting social equality and justice.

  2. Relevant Statutes and Sections:

  • Constitution of India:
    • Article 17: "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. This article is the foundational constitutional provision that the PCRA seeks to implement.
  • Protection of Civil Rights Act, 1955 (PCRA):
    • Preamble: States its objective as "to prescribe punishment for the preaching and practice of 'Untouchability' and for any matter connected therewith."
    • Section 3: Punishes preventing a person from entering a place of public worship or from worshipping therein.
    • Section 4: Punishes enforcing any disability on grounds of untouchability, such as denial of access to shops, public restaurants, hotels, public entertainment, use of wells, tanks, roads, public conveyances, etc.
    • Section 5: Punishes refusing admission to hospitals or educational institutions.
    • Section 6: Punishes refusing to sell goods or render services.
    • Section 7: Punishes other offenses arising out of "untouchability," including compelling a person to do any scavenging or sweeping or to remove any carcass or to flay any animal or to do any other similar job.
  1. Important Landmark Cases:
  • State of Karnataka v. Appa Balu Ingale (1995): This Supreme Court case strongly affirmed the constitutional mandate of Article 17 and the legislative intent behind the PCRA. The Court emphasized that the Act is a significant step towards achieving social equality and that any practice of untouchability, in any form, is an offense. It highlighted the need for strict enforcement of the Act to realize its objective of eradicating this social evil.
  • People's Union for Democratic Rights v. Union of India (1982): While not directly on PCRA, this case (also known as the Asiad Workers case) underscored the broader constitutional commitment to social justice and the protection of fundamental rights, including the right to live with dignity, which is directly undermined by the practice of untouchability. It reinforced the idea that the state has an affirmative duty to ensure these rights are protected.
  1. Clear Conclusion: The Protection of Civil Rights Act, 1955, unequivocally serves the object of abolishing untouchability in India. By criminalizing various acts that perpetuate discrimination based on this abhorrent practice, the Act provides a legal framework to enforce the constitutional prohibition under Article 17. While the complete eradication of untouchability remains a societal challenge, the PCRA has been instrumental in providing a legal recourse against its observance, fostering a more egalitarian society, and upholding the dignity and civil rights of all individuals, irrespective of their caste or origin.