law optional 2022 paper II solved

(d) How far has Section 7-A of the Protection of Civil Rights Act, 1955 been effective to control untouchability in India?

Verified Answer
  1. Core Legal Answer & Context: The Protection of Civil Rights Act, 1955 (PCR Act), was enacted to give effect to Article 17 of the Indian Constitution, which abolished 'Untouchability' and forbade its practice in any form. Section 7-A of the PCR Act specifically deals with the punishment for compelling a person to do any act on the ground of untouchability. It criminalizes acts like compelling a person to do manual scavenging, dispose of carcasses, or any other similar degrading act. While the PCR Act, including Section 7-A, was a significant legislative step towards eradicating untouchability, its effectiveness in completely controlling the practice has been limited. The Act aimed to provide legal teeth against discrimination, but the deeply entrenched social prejudices and systemic nature of untouchability posed significant challenges to its full implementation.

  2. Relevant Statutes and Sections:

    • The Constitution of India, Article 17: Abolishes 'Untouchability' and forbids its practice in any form. The enforcement of any disability arising out of 'Untouchability' shall be an offence punishable in accordance with law.
    • Protection of Civil Rights Act, 1955:
    • Section 7-A: Punishes compelling a person to do any act on the ground of untouchability, or insulting or attempting to insult a member of a Scheduled Caste on the ground of untouchability.
    • Other sections (e.g., Sections 3, 4, 5, 6) penalize various forms of discrimination based on untouchability, such as denying access to public places, services, or religious institutions.
    • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: This subsequent legislation was enacted to address the limitations of the PCR Act and provide more stringent measures against atrocities and discrimination faced by SCs and STs.
  3. Important Landmark Cases:

    • State of Karnataka v. Appa Balu Ingale (AIR 1993 SC 1126): The Supreme Court upheld the constitutional validity of the PCR Act, emphasizing that the Act was a legislative measure to implement Article 17. The court stressed that untouchability is not merely a practice but a mindset that needs to be eradicated, and the Act serves as a tool for this purpose. While not directly on Section 7-A, it reinforces the legislative intent behind the entire Act.
    • Cases under the PCR Act often highlight the difficulties in proving 'untouchability' as the sole ground for discrimination, and the challenges in securing convictions due to social pressures and lack of evidence.
  4. Clear Conclusion: Section 7-A of the Protection of Civil Rights Act, 1955, along with other provisions of the Act, marked a crucial legislative effort to combat untouchability in India. It provided a legal framework to penalize discriminatory practices. However, its effectiveness in completely controlling untouchability has been limited due to deep-rooted societal prejudices, caste-based discrimination, underreporting of cases, and challenges in effective enforcement. The subsequent enactment of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, with its more stringent provisions and focus on atrocities, implicitly acknowledges that the PCR Act alone, including Section 7-A, was insufficient to fully eradicate this pervasive social evil. While it laid the groundwork, the battle against untouchability continues to require multi-faceted approaches beyond just legal sanctions.