Measures Against Inhuman Practices

Press Information Bureau

Government of India

Ministry of Social Justice & Empowerment 

31-July-2014 17:14 IST

 

Article 17 of the Constitution of India has abolished “Untouchability’’, its practice  in any form forbidden and  enforcement of any disability arising out of “Untouchability’’ is an offence punishable in accordance with law. In pursuance of this Constitutional provision, the Untouchability (Offences) Act, 1955 was enacted and notified on 08.05.1955. Subsequently, it was amended and renamed in the year 1976 as the Protection of Civil Rights {PCR} Act, 1955. The PCR Act prescribes punishment for the enforcement of any disability arising from the practice of untouchability.  

Section 3 of the PCR Act, inter-alia, specifies punishment for preventing any person on the ground of untouchability from entering any place of public worship which is open to others professing the same religion. 

Likewise Section 7A of the PCR Act, inter-alia, specifies punishment for compelling  any person, on the ground of  “untouchability”, to do any scavenging or sweeping or  to  do  any  other  job  of  a  similar  of  nature.   

            As per the Government of India (Allocation of Business) Rules, 1961, the subject matter of offences under the PCR is allocated to the Ministry of Home Affairs. As per the data of National Crime Records Bureau(NCRB), Ministry of Home Affairs, 87 number of cases were registered under the PCR Act  during 2013 and their  State/UT wise number is indicated as under:- 

Sr. No.	State/UT	Number of cases
1	Andhra Pradesh	06
02	Goa	02
03	Himachal Pradesh	04
04	Karnataka	25
05	Maharashtra	29
06	Odisha	01
07	Tamil Nadu	01
08	A & N Islands	01
09	Delhi	03
10	Puducherry	15
	Total	87

            An Act of Parliament viz, the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 which came in to force with effect from 06.12.2013, provides for the prohibition of employment as manual scavengers. Section 5(1) of the aforesaid Act specifically stipulates that no person, local authority or any agency shall, after the date of commencement of the Act, construct any insanitary latrine or engage or employ, either directly or indirectly, a manual scavenger, and every person so engaged or employed shall stand discharged immediately from any obligation express or implied, to do manual scavenging. 

This information was given by the Minister of State for Social Justice and Empowerment, Shri Sudarshan Bhagat in a written reply to a question in Rajya Sabha here today.