The Protection of Civil Rights Act, 1955 (No. 22 of 1955)
The practice of untouchability in Indian society is an attribute of the hierarchical stratification of society into castes. On the one hand, the Vedic use the term “varna” (colour) to denote caste seems to indicate that the caste system began as a result of racial differences between people. On the other, the characteristic feature of the caste system is also its categorisation of the pure and the impure based on religious beliefs and division of labour. While many authors argue that the concept of an untouchable caste did not exist in the initial stages of the caste system, at some point in history, the concept of untouchability did become “a historical cohort of the caste system, but not its essence.”
Numerous policies and laws have been made over the years to tackle the issue of untouchability. This Study attempts at studying one legislative attempt in this regard, viz., the Protection of Civil Rights Act, 1955 (PCRA). The basic difficulties of studying and improving the use of law as a tool of directed social change results from the fact that law by itself is the only component of a large set of policy instruments and usually cannot and is not used by itself. This caveat should be kept in mind while dealing with the problem of untouchability. The recommendations and suggestions made in this Study are solely in light of the problems faced in the provisions and implementation of the PCRA. These recommendations will have little effect if implemented in isolation, and without the backing of other policy measures.
The following Acts are punishable under Protection of Civil Rights Act, 1955:
Disability to practice Religion: Anyone who stops any person on ground of Untouchability in any of the following ways:
- To enter into the place of worship where any other person of the same religion is allowed
- To worship, to offer prayers or to perform any religious ceremony or offer any religious service or bath at worship place or to use water from the sacred tank, spring well or from any other source, in the same manner as any other person of same religion is allowed to do.
Such person shall be punished with the imprisonment for the term of atleast one month but not exceeding 6 months along with the fine of atleast 100 Rs. but not more than Rs. 500.
Social Disabilities: Whoever discriminates any person on the ground of Untouchability in any way such as:
- Access to shop, hotel, restaurant, place of public entertainment ;
- Use of utensil which are provided in the hotels, dharamshala or any other public place for the use of general public or for a specific class of people;
- To practice any profession or carry out any of the occupation, business or trade;
- The use of water from spring well, tank, river, stream, water taps or any water place, or stops using bathing ghat, sanitary convenience, burial or cremation ground, road, passage or other thing meant for general public.
