Why in the News?
The 2022 Annual Report on the Protection of Civil Rights (PCR) Act, 1955, sheds light on the declining registration of untouchability-related offences and systemic inefficiencies in enforcing the law.
Key Highlights of the 2022 Annual Report:
- The report was released by Ministry of Social Justice and Empowerment.
- Only 13 cases were registered under the PCR Act in 2022, showing a decline from previous years.
- No state or UT declared any area as “untouchability-prone.”
- Courts had 1,242 cases pending; out of 31 disposed, ONLY 1 led to conviction.
- In contrast, 62,501 cases were filed under the SC/ST Act, highlighting its growing use.
- 18,936 inter-caste marriage couples received financial incentives, but data from several major states was missing.
About Protection of Civil Rights (PCR) Act, 1955 and Its Provisions:
- Enacted under Article 35 to implement Article 17 and criminalize untouchability.
- Originally titled the Untouchability Offences Act, 1955, renamed and strengthened in 1976.
- Key Provisions:
- No provision for pardon; any conviction leads to disqualification from elections.
- Penalties: Up to 2 years imprisonment, ₹2000 fine, or both.
- Any right denied due to untouchability is considered a civil right under the Act.
- Preventive Measures under the SC/ST (Prevention of Atrocities) Act, 1989:
- Aimed at curbing atrocities and providing victim protection and rehabilitation.
- Establishes special courts and police cells.
- In some cases, allows firearms for self-defense by vulnerable SC/ST individuals.
Understanding ‘Untouchability’ and Its Abolition:
- What is it: Untouchability refers to social discrimination based on caste, historically excluding certain communities from public, religious, and social spaces.
- Constitutional Safeguard: Article 17 of the Constitution of India abolishes untouchability and prohibits its practice in any form.
- Legal Status: Any disability arising from untouchability is declared a punishable offence under Article 17.
- Nature of the Right under Article 17: Article 17 is an absolute fundamental right with no exceptions, applicable to both state and private actors.
- Lack of Definition: The term “untouchability” is not explicitly defined in the Constitution or in related legislation but is understood as referring to caste-based social discrimination.
- Scope of Discrimination: Untouchability includes denial of access to public utilities, places of worship, public services, education, and market services.
Various Judgments Related to Untouchability:
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| [UPSC 2020] Which one of the following categories of ‘Fundamental Rights incorporates against untouchability as a form of discrimination?
Options: (a) Right against Exploitation (b) Right to Freedom (c) Right to Constitutional Remedies (d) Right to Equality* |
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