6.6.3. The Protection of Civil Rights Act, 1955

Initially named as Untouchabilities (Offences) Act, 1955, it was amended in 1976 and renamed as The Protection of Civil Rights Act. It makes provisions against untouchability stronger. Further, a person convicted of the offence of untouchability is disqualified as a candidate for elections to the Parliament and State Legislature.

Untouchability is a cognizable offence (police officer can arrest the accused without a magisterial warrant) and a non-compoundable offence (cases which cannot be withdrawn even if a compromise is reached between disputing parties; the State becomes a party). It provides for a special court for speedy trial. The act declares the following acts as offences:

♤ Preventing any person from entering any place of public worship or from worshipping therein;

♤ Justifying untouchability on traditional, religious, philosophical or other grounds;

♤ Denying access to any shop, hotel or places of public entertainment;

♤ Insulting a person belonging to scheduled caste on the ground of untouchability;

♤ Refusing to admit persons in hospitals, educational institutions or hostels established for public benefit;

♤ Preaching untouchability directly or indirectly; and (g) refusing to sell goods or render services to any person.

The Supreme Court held that the right under Article 17 is available against private individuals and it is the constitutional obligation of the State to take necessary action to ensure that this right is not violated.