TIPS TO DALITS: PROTECTION OF CIVIL RIGHTS ACT

Social legislation is a mechanism through which certain inherent drawbacks in the social system are expected to be rooted out. But the nature and extent of its success depend upon many factors. Its success demands general awareness of the provisions of the legislation among the different sections of the population and also among the officers responsible for its enforcement. Otherwise, the legislation remains safe in the statute book. It is in this context we have to examine the awareness of the Protection of Civil Rights Act, 1955, among the three categories of persons involved in it: the Untouchables. the Hindus and the Govt. machinery. Studies conducted by me during the last 10 years prove that the provisions of PCR Act are hardly known to the people. Even police officers at the rural level and the judiciary at the taluk level. are ignorant of this Act. Whatever attempts the victims make to bring the offences to the notice of the police are in the nature of the routine complaints. The victims are sometimes assisted by organisations like the, Karnataka Dalit Action Committee. There are still cases compounded by the magistrates. This is contrary to the provisions of the Act. When cases are allowed to be compounded, it is a conclusive proof that the concerned public prosecutors, magistrates, the victims and the offenders are all ignorant of the provisions of law. The main purpose of this paper is to highlight the salient features of the Act and it is hoped that the readers of DV would not only take advantage of the legal provisions during the appropriate situations. The Constitution has prohibited the practice of untouchability in any form (Art. 17). Consequently the Untouchability Offences Act came in 1955. This Act was found inadequate because of certain major drawbacks. The term ‘Untouchability’ was neither defined nor explained any where in the Act. Cases were allowed to be compounded and this resulted in lot of of pressure on the Untouchables to with- draw cases. Offences were non-cognizable and, therefore, the police had to wait for warrant from the magistrates to arrest the offenders. To make the Act more comprehensive, the Govt. of India appointed a committee to study the whole situation and submit its recommendations, In 1976, the original Act was amended. But very little of the original Act itself was changed into what is now called “Protection of Civil Rights Act, 1955.” Its main features are: Wider scope: (1) The term “civil rights” means any right accruing to any person by reason of the abolition of Untouchability by Article 17 of the Constitution. (2) Place of public worship”, means the place used for public religious worship or which is dedicated generally to persons professing any religion. Of course, this is confined to Hindu religion only since the practice of untouchability is practiced only by the Hindus. This place of public worship includes all lands and subsidiary shrines, attached to any such place. For example. if the Ganesh idol is kept outside the house but within the compound & people are welcome to participate in the pooja. any prohibition in relation to the SCs would amount to an offence. If it is the first offence, the offender shall be punishable with imprisonment for a term not less than one month and not more than six months. Besides imprisonment, a fine not less than Rs. 100 and not more than Rs. 500 shall also be levied. For the subsequent offences: (1) for the second offence the imprisonment shall be not less than six months and more than one year. Besides this, a fine of not less than Rs. 200 not more than Rs. 800 shall be levied: (ii) For the third or subsequent to third offence, the imprisonment shall be for not less than one year not more than two years. besides a fine not less than Rs. 800 and not more than Rs. 1.000. (4) Presumption of the offence and other duties of the court: Sometimes it is argued that the act committed is not on the ground of Untouchability. But the law now says that where any act constituting an offence under this Act is committed in relation to a SC the court shall presume, unless the contrary is proved, that such act was committed on the ground of Untouchability. No court should recognise any usage or custom in relation to the practice of Untouchability. Further, no court shall take cognizance of an offence or abetment if a public servant is involved without the permission of the Central Govt. if he is a Central Govt. & if he is a State Govt. employee. This provision has to be understood properly. There are instances where the police has misinterpreted this provision willfully or otherwise. In a recent case involving a public servant a lecturer in Home Science College. Bangalore, the police did not arrest her immediately after a complaint was lodged by the victim. The police waited for two months for permission of the Govt. This is a serious lapse on the part of the police. The concerned public servant should have been immediately. arrested as this is a cognizable offence. (5) Non-Compoundable: When once the case is taken to the court, there is absolutely no provision in the Act to enable the parties to compound the case. But it is strange that there are a few cases compounded even after this new prohibition came into force. This is a serious lapse on the part of the public prosecutors and the judiciary (6) Other Provisions: Some of the other provisions of the Act are: (a) The advantage of the Probation of Offenders Act of 1958 is not available to a person above the age of 14 years if found guilty under the PCR Act. It means normally a person who commits an offence not of a major nature is let off by the court by administering a warning. But if that person commits an offence under the PCR Act. he shall not be excused without inflicting punishment as laid down in the Act. (b) Collective fine. The Govt has powers to impose collective fine on the inhabitants of any area where the offence has taken place. However, the victims of untouchability and any person who does not fall under the categories of persons likely to commit the offence (like Muslims, Christians etc.) are exempted from payment of the collective fine. It is also. laid down that to create awareness among the people beat of drum or something of State Govt. has to set up effective and adequate legal aid for the benefit up the victims. (d) The State Govt. has to appoint officers to initiate or exercise supervision over prosecutions for the violation of this Act. (e) Special Courts will have to be set up for speedy trial of the offences. Similarly wherever the offence is punishable with imprisonment for a term not exceeding three months, summary trial by a judicial magistrate is laid down. (1) Committees at different levels will have to be set up to assist the govt. from time to time. (g) Periodic survey of the working of the Act will have to be conducted. Of course no such survey has been conducted so far.