Law Optional 2025 Paper II solved

Describe the salient features of the Protection of Civil Rights Act, 1955.

Verified Answer

The Protection of Civil Rights Act, 1955 (PCRA), is a significant piece of legislation enacted by the Indian Parliament to give effect to Article 17 of the Constitution of India, which abolishes 'Untouchability' and forbids its practice in any form. The Act aims to prescribe punishment for the enforcement of any disability arising out of 'Untouchability'.

Here are the salient features of the Protection of Civil Rights Act, 1955:

  1. Abolition of Untouchability: The fundamental objective of the Act is to abolish 'Untouchability' and make its practice a punishable offense. It reinforces the constitutional mandate of Article 17.

  2. Definition of Civil Rights: Section 2(a) of the Act defines 'civil rights' as any right accruing to a person by reason of the abolition of 'Untouchability' under Article 17 of the Constitution.

  3. Punishment for Enforcement of Disabilities: The Act specifies various acts that constitute the enforcement of 'Untouchability' and prescribes penalties for them. These include:

    • Preventing any person from entering any place of public worship or from worshipping therein (Section 3).
    • Denying access to shops, public restaurants, hotels, or places of public entertainment (Section 4).
    • Denying admission to hospitals, educational institutions, or hostels (Section 5).
    • Refusing to sell goods or render services (Section 6).
    • Insulting or attempting to insult a member of a Scheduled Caste on the ground of 'Untouchability' (Section 7).
    • Preaching 'Untouchability' or its justification (Section 7A).
  4. Enhanced Penalties for Subsequent Offenses: The Act provides for higher penalties (both imprisonment and fine) for subsequent convictions, indicating a stricter approach towards repeat offenders (Section 11).

  5. Cancellation or Suspension of Licenses/Grants: If a person holding a license or grant from the government is convicted of an offense under the Act, their license or grant may be cancelled or suspended (Section 10A).

  6. Power to Impose Collective Fines: The State Government has the power to impose collective fines on the inhabitants of an area where an offense under the Act is committed, and the inhabitants are found to have abetted or concealed the commission of the offense (Section 10).

  7. Duty of State Governments: The Act places a responsibility on State Governments to take necessary measures for its effective implementation. This includes providing adequate facilities, legal aid, appointing officers for supervising prosecutions, constituting committees, and conducting surveys (Section 15A).

  8. Offenses are Cognizable and Non-Compoundable: All offenses under the Act are cognizable (police can arrest without a warrant) and non-compoundable (cannot be settled out of court by compromise between the parties), ensuring that serious action is taken against offenders (Section 15).

  9. Presumption by Courts: In certain cases, if an act constituting an offense under the Act is committed in relation to a member of a Scheduled Caste, the court shall presume that such act was committed on the ground of 'Untouchability' unless the contrary is proved (Section 12).

In essence, the PCRA, 1955, serves as a legislative tool to eradicate the social evil of 'Untouchability' by criminalizing its practice and providing a framework for its enforcement and prevention, thereby upholding the dignity and equality of all citizens.