Untouchability Offences Act 1955

[Natasha Mulhearn]

TheProtection of Civil Rights Act, 1955 is an Act to prescribe punishment for the preaching and practice of untouchability for the enforcement of any disability arising therefrom Art. 17 of the Constitution of India specifies that untouchability is abolished and its practice in any form is forbidden.2a Court is left with no option and is bound to pass a sentence of imprisonment and also fine while convicting accused under Section 4 of the Protection of Civil Rights Act2b where it is proved that accused prevented Harijans from tarring water on the ground of untouchability, Conviction was held to be justified.2c

(d)"place of public worship" means a place by whatever name known, which is used as a place of public religious worship or which is dedicated generally to, or is used generally by persons professing any religion or belonging to any religious denomination or any section thereof, for the performance of any religious service or for offering prayers therein 8and includes-

(b)from worshipping or offering prayers or performing any religious service in any place of public worship, or bathing in, or using the waters of, any sacred tank, well, spring or water-course, river or lake or bathing at any that of such tank, water course river or lake) in the same manner and to the same extent as is permissible to the other person professing the same religion10 or any section thereof, as such person;

11shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

Explanation:- For the purposes of this Section and Section 4 persons professing the Buddhist, Sikh and Jaina religion or persons professing the Hindu religion in any of its forms or developments including Virashaivas, Lingayats, Adivasis, followers of Brahmo, Prarthana, Arya Samaj end the Swaminarayana Sampradaya shall be deemed to be Hindus.

(iv)the use of, or access to, any river, stream, spiring, well, tank, cistern, water-tap or other watering place, or any bathing ghat burial or cremation ground, any sanitary convenience, any road, or passage, or any other place of public resort which other members of the public, or 14any section thereof, have a right to use or have access to; or

(v)the use of or access to, any place used for a charitable or a public purpose maintained wholly or partly out of State funds or dedicated to the use of the general public or 14any section thereof; or

shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

(a)refuses, admission to any person to any hospital, dispensary, educational institution or any hotel 17x x x if such hospital, dispensary, educational institution or hotel is established or maintained for the benefit of the general public or any section thereof; or

18shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

Whoever an the ground of "untouchability" refuses to sell any goods or refuses to render any service to any person at the same time and place and on the same terms and conditions at/on which such goods are sold or services are rendered to other persons in the ordinary course of business 19shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

(b)molests, injuries, annoys, obstructs or causes or attempts to cause obstruction to any person in the exercise of any such right or molest, injuries, annoys or boycotts any person by reason of his having exercised any such right; or

(c)by words, either spoken or written, or by signs or by visible representations or otherwise, incites or encourages any person or class of persons or the public generally to practise "untouchability" in any form whatsoever: 20or

22shall be punishable with imprisonment for a term of not less than one month and not more than six months, and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

(a)refuses to such other person or refuses to permit such other person, to use or occupy any house or land or refuses to deal with, work for hire for, or do business with, such other person or to render to him receive from him any customary service, or refuses to do any of the said things on the terms on which such things would be commonly done in the ordinary course of business; or

Whoever commits any offence against the person or property of any individual as a reprisal or revenge for his having exercised any right accruing to him by reason of the abolition of "untouchability" under Article 17 of the Constitution, shall, where the offence is punishable with imprisonment for a term exceeding two years, be punishable with imprisonment for a term which shall be not less than two years and also with fine.

(ii)takes any part in the ex-communication of such person, on the ground that such person has refused to practise "untouchability" that such person has done any act in furtherance of the objects of this Act,

25shall be punishable with imprisonment for a term of not less than one month and not more than six months, and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

(1)Whoever compels any person, on the ground of "untouchability", to do any scavenging or sweeping or to remove any carcass or to flay any animal, or to remove the umbilical cord or to do any other job of a similar nature shall be deemed to have enforced a disability arising out of "untouchability"

(2)Whoever is deemed under sub-section (1) to have enforced a disability arising out of "untouchability" shall be punishable with imprisonment for a term which shall be not less than three months and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

When a person who is convicted of an offence under Section 6, holds any licence under any law for the time being in force in respect of any profession, trade, calling or employment in relation to which the offence is committed, the court trying the offence may, without prejudice to any other penalty to which such person may be liable under that section, direct that the licence shall stand cancelled or to be suspended for such period, as the Court may deem fit, and every order of the Court so cancelling or suspending a licence shall have effect as if it had been passed by the authority competent to cancel or suspend the licence under any such law;

Where the manager or trustee of a place of public worship or any educational institution 27or hostel which is in respect of a grant of land or money from the Government is convicted of an offence under this Act and such conviction is not reversed or quased in any appeal or revision, the Government may, if in its opinion the circumstances of the case warrant such a Course, direct the suspension or resumption of the whole or any part of such grant.

(1)If, after an inquiry in the prescribed manner, the State Government is satisfied that the inhabitants of an area are concerned in, or abetting the commission of, any offence punishable under this Act, or harbouring persons concerned in the commission of such offence or failing to render all the assistance in their power to discover or apprehend the offender or offenders or suppressing material evidence of the commission of such offence, the State Government, may, by notification in the Official Gazette, impose a collective fine on such inhabitants and apportion such fine amongst the inhabitants who are liable collectively to pay it, and such apportionment shall be made according to the State Government's judgment of the respective means of such inhabitants and in making any such apportionment the Government may assign a portion of such fine to a Hindu undivided family to be payable by it:

(2)The notification made under sub-section (1) shall be proclaimed in the area by beat of drum or in such other manner as the State Government may think best in the circumstances to bring the imposition of the collective fine to the notice of the inhabitants of the said area.

(a)Any person aggrieved by the imposition of the collective fine under sub-section (1) or by the order of apportionment, may, within the prescribed period, file a petition before the State Government or such other authority as that Government may specify in this behalf for being exempted from such fine or for modification of the order of apportionment:

Provided that the amount of the fine exempted or reduced under this section shall not be realisable from any person, and the total fine imposed on the inhabitants of an area under sub-section (1) shall be deemed to have been reduced to that extent.

(4)Notwithstanding anything contained in sub-section (4), the State Government may exempt the victims of any offence punishable under this Act or any person who does not, in its opinion, fail within the category of persons specified in sub-section (1), from the liability to pay the collective fine imposed under sub-section (1), or any portion thereof.

(5)The portion of collective fine payable by any person (including a Hindu undivided family) may be recovered in the manner provided by the Code of Criminal Procedure, 1973 (2 of 1974), for the recovery of fines imposed by a Court as if such portion were a fine imposed by a Magistrate.

(a)for the second offence, with imprisonment for a term of not less than six months and not more than one year, and also with fine which shall be not less than two hundred rupees and not more than five hundred rupees;

(b)for the third offence subsequent to the third offence with imprisonment for a term of not less than one year and not more than two years, and also with fine which shall be not less than five hundred rupees and not more than one thousand rupees.

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