PROTECTION OF CIVIL RIGHTS ACT 1955 (Syllabus: GS Paper 2 – Polity)

Context: The government informed Parliament that Adivasis have now been included as persons professing the Hindu religion under the Protection of Civil Rights Act, 1955. This change aims to enhance their legal protections.

Protection of Civil Rights Act, 1955 (PCR Act)

• About: It aims to enforce the constitutional abolition of untouchability, as outlined in Article 17 of the Indian Constitution.
• State's Obligation: The Act highlights the state's duty to protect civil rights and prescribes punishments for those practicing untouchability or discrimination.
• Objective: To ensure that every citizen enjoys civil rights without obstruction, regardless of caste, creed, or race.
• Enforcement: The Act prescribes fines and imprisonment as punitive measures for prejudiced practices violating civil rights.

Key Provisions

• Definition: Civil rights are defined as any rights given by the abolition of untouchability under Article 17 of the Constitution.
• Definition of ‘Hindus’: The Act defines 'Hindus' broadly in its explanation to Section 3. It includes individuals professing the Buddhist, Sikh, Jaina religions, or any form of Hindu religion, including Virashaivas, Lingayats, Adivasis, followers of Brahmo, Prarthana, Arya Samaj, and the Swaminarayan Sampraday.
• Punishment for Religious Disabilities: Section 3 of the Act details the penalties for enforcing religious disabilities based on untouchability. It aims to prevent and penalize any actions that impose religious restrictions or discrimination.
• Punishment for Social Disabilities: Section 4 specifies the penalties for enforcing social disabilities on the grounds of untouchability. It addresses the prohibition and punishment of social discrimination linked to untouchability practices.
• Penalties: Practicing untouchability is punishable with imprisonment up to six months, a fine, or both.
• Attempt: Any attempt to commit an offence under the Act is punishable with the same penalties as the completed offence.
• Role of the PCR Act: It marks a commitment to abolishing untouchability, aiming to replace social exclusion with inclusivity and equal treatment.