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QUESTION| “The object of the Protection of Civil Rights Act, 1955 is to abolish "untouchability" Discuss.
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QUESTION POSTED ON | 19.10.2021
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HISTORY OF ABOLISHING UNTOUCHABILITY : Article 17 proclaimed that:"Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law
Thus the freedom from discriminatory practices was made a fundamental right. It is yin pursuance of this constitutional obligation to eradicate the practice of untouchability which is contrary to the very canon of the principle of "equality" that Parliament passed the Untouchability Offences Act XXVI of 1955 which later on in 1976 was replaced by the Protection of Civil Rights Act, 1955.
PCRA : The Protection of the Civil Rights Act 1955 in sections 3,4,5 and 6 forbid the denial of facilities and services on the ground of 'untouchability.
Section 3. Punishment for enforcing religious disabilities.
A person cannot be prevent from entered into place of public worship, worshipping or offering prayers or performing any religious service etc.. on the grounds of “untouchability”
Section 4. Punishment for enforcing social disabilities.
A person cannot be prevented from entering into shop, public restaurant, hotel or place of
public entertainment or the use of any utensils, and other articles kept in any public restaurant, hotel or the practice of any profession or the carrying on of any occupation, trade or business etc.. on the grounds of “untouchability”
Section 5. Punishment for refusing to admit person to hospitals, etc.
A person cannot be prevented from admission to any person to any hospital, dispensary,
educational institution or any hostel on the grounds of “untouchability”
Section 6. Punishment for refusing to sell goods or render services
Section . 7. Punishment for other offences arising out of “untouchability
If one molests, injures, annoys, obstructs, OR by words, either spoken or written, or by signs or by visible representations or insults or attempts to insult, on the ground of “untouchability” is punished.
Section 7A. Unlawful compulsory labour when to be deemed to be a practice of “untouchability
Section 10-A deals with Power of State Government to impose collective fine for those who commit offence punishable under this act.
These go on to show that, the enactment of Protection of the Civil Rights Act is an enactment to end the evil of untouchability.
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