Protection of Civil Rights Act, 1955

(1) This Act may be called 3[the Protection of Civil Rights Act], 1955. (2) It extends to the whole of India. (3) It shall come into force on such date4 as the Central Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,- 5[(a) "civil rights" means any right accruing to a person by reason of the abolition of "untouchability" by article 17 of the Constitution;] 6[(aa)] "hotel" includes a refreshment room, a boarding house, a lodging house, a coffee house and a cafe; 7[(b) "place" includes a house, building and other structure and premises; and also includes a tent, vehicle and vessel;] (c) "place of public entertainment" includes any place to which the public are admitted and in which an entertainment is provided or field. Explanation.-"Entertainment" includes any exhibition performance, game, sport and any other form of amusement; (d) "place of public worship" means a place, by whatever name known, which is used as a place of public religious worship or which is dedicated generally to, or is used generally by persons professing any religion or belonging to any religious denomination or any section thereof, for the performance of any religious service, or for offering prayers therein, 8[and includes- (i) all lands and subsidiary shrines appurtenant or attached to any such place; (ii) a privately owned place of worship which is, in fact, allowed by the owner thereof to be used as a place of public worship; and (iii) such land or subsidiary shrine appurtenant to such privately owned place of worship as is allowed by the owner thereof to be used as a place of public religious worship;] 1[(da) "prescribed" means prescribed by rules made under this Act; (db) "Scheduled Castes" has the meaning assigned to it in clause (24) of article 366 of the Constitution;] (e) "shop" means any premises where goods are sold either wholesale or by retail or both wholesale and by retail 2[and includes- (i) any place from where goods are sold by a hawker or vendor or from a mobile van or cart; (ii) a laundry and a hair cutting saloon; (iii) any other place where services are rendered to customers]. 1. Extended to Goa, Daman and Diu with modification by Reg. 12 of 1962, s. 3 and Schedule; to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Schedule I (w.e.f. 1st July, 1965) and to Pondicherry by Reg. 7 of 1963, s. 3 and Schedule I (w.e.f. 1st October, 1963). 2. Subs. by Act 106 of 1976, s. 2, for "practice of Untouchability" (w.e.f. 19-11-1976). 3. Subs. by s. 3, ibid., for "the Untouchability (Offences) Act" (w.e.f. 19-11-1976). 4. 1st June, 1955, vide notification No. S.R.O. 1109(E), dated the 23rd May, 1955, see Gazette of India, 1955, Extraordinary Part II, s. 3. 5. Ins. by Act 106 of 1976, s. 4 (w.e.f. 19-11-1976). 6. Clause (a) relettered as clause (aa) by s. 4, ibid. (w.e.f. 19-11-1976). 7. Subs. by s. 4, ibid., for clause (b) (w.e.f. 19-11-1976). 8. Subs. by s. 4, ibid., for certain words (w.e.f. 19-11-1976).

Whoever on the ground of "untouchability" prevents any person- (a) from entering any place of public worship which is open to other persons professing the same religion 3* * * or any section thereof, as such person; or (b) from worshipping or offering prayers or performing any religious service in any place of public worship, or bathing in, or using the waters of, any sacred tank, well, spring or water-course 4[river or lake or bathing at any ghat of such tank, water-course, river or lake] in the same manner and and to the same extent as is permissible to the other persons professing the same religion 3* * * or any section thereof, as such person, 5[shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees]. Explanation.-For the purposes of this section and section 4 persons professing the Buddhist, Sikh or Jaina religion or persons professing the Hindu religion in any of its forms or developments including Virashaivas, Lingayats, Adivasis, followers of Brahmo, Prarthana, Arya Samaj and the Swaminarayan Sampraday shall be deemed to be Hindus.

Whoever on the ground of "untouchability" enforces against any person any disability with regard to- (i) access to any shop, public restaurant, hotel or place of public entertainment; or (ii) the use of any utensils, and other articles kept in any public restaurant, hotel, dharamshala, sarai or musafirkhana for the use of the general public or of 6[any section thereof]; or (iii) the practice of any profession or the carrying on of any occupation, trade or business 7[or employment in any job]; or (iv) the use of, or access to, any river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing ghat, burial or cremation ground, any sanitary convenience, any road, or passage, or any other place of public resort which other members of the public, or 1[any section thereof], have a right to use or have access to; or (v) the use of, or access to, any place used for a charitable or a public purpose maintained wholly or partly out of State funds or dedicated to the use of the general public or 1[any section thereof]; or (vi) the enjoyment of any benefit under a charitable trust created for the benefit of the general public or of 1[any section thereof]; or (vii) the use of, or access to, any public conveyance; or (viii) the construction, acquisition, or occupation of any residential premises in any locality, whatsoever; or (ix) the use of any dharamshala, sarai or musafirkhana which is open to the general public, or to 1[any section thereof]; or (x) the observance of any social or religious custom, usage or ceremony or 2[taking part in, or taking out, any religious, social or cultural procession]; or (xi) the use of jewellery and finery, 3[shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees]. 4[Explanation.-For the purposes of this section, "enforcement of any disability" includes any discrimination on the ground of "untouchability".] 1. Ins. by Act 106 of 1976, s. 4 (w.e.f. 19-11-1976). 2. Subs. by s. 4, ibid., for certain words (w.e.f. 19-11-1976). 3. The words "or belonging to the same religious denomination" omitted by s. 5, ibid. (w.e.f. 19-11-1976). 4. Ins. by s. 5, ibid. (w.e.f. 19-11-1976). 5. Subs. by s. 5, ibid., for certain words (w.e.f. 19-11-1976). 6. Subs. by s. 6, ibid., for certain words (w.e.f. 19-11-1976). 7. Ins. by s. 6, ibid. (w.e.f. 19-11-1976).

Whoever on the ground of "untouchability"- (a) refuses admission to any person to any hospital, dispensary, educational institution or any hostel 5***, if such hospital, dispensary, educational institution or hostel is established or maintained for the benefit of the general public or any section thereof; or (b) does any act which discriminates against any such person after admission to any of the aforesaid institutions, 6[shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees].

Whoever on the ground of "untouchability" refuses to sell any goods or refuses to render any service to any person at the same time and place and on the same terms and conditions at or which such goods are sold or services are rendered to other persons in the ordinary course of business 7[shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees].

(1) Whoever- (a) prevents any person from exercising any right accruing to him by reason of the abolition of "untouchability" under Article 17 of the Constitution; or (b) molests, injures, annoys, obstructs or causes or attempts to cause obstruction to any person in the exercise of any such right or molests, injures, annoys or boycotts any person by reason of his having exercised any such right; or (c) by words, either spoken or written, or by signs or by visible representations or otherwise, incites or encourages any person or class of persons or the public generally to practice "untouchability" in any form whatsoever; 1[or] 1[(d) insults or attempts to insult, on the ground of "untouchability", a member of a Scheduled Caste;] 2[shall be punishable with imprisonment for a term of not less than one month and not more than six months, and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees]. 3[Explanation I ].-A person shall be deemed to boycott another person who- (a) refuses to let to such other person or refuses to permit such other person, to use or occupy any house or land or refuses to deal with, work for hire for, or do business with, such other person or to render to him or receive from him any customary service, or refuses to do any of the said things on the terms on which such things would be commonly done in the ordinary course of business; or (b) abstains from such social, professional or business relations as he would ordinarily maintain with such other person. 1[Explanation II.-For the purpose of clause (c) a person shall be deemed to incite or encourage the practice of "untouchability"- (i) if he, directly or indirectly, preaches "untouchability" or its practice in any form; or (ii) if he justifies, whether on historical, philosophical or religious grounds or on the ground of any tradition of the caste system or on any other ground, the practice of "untouchability" in any form.] 1[(1A) Whoever commits any offence against the person or property of any individual as a repraisal or revenge for his having exercised any right accruing to him by reason of the abolition of "untouchability" under article 17 of the Constitution, shall, where the offence is punishable with imprisonment for a term exceeding two years, be punishable with imprisonment for a term which shall not be less than two years and also with fine.] (2) Whoever- (i) denies to any person belonging to his community or any section thereof any right or privilege to which such person would be entitled as a member of such community or section, or (ii) takes any part in the ex-communication of such person, on the ground that such person has refused to practice "untouchability" that such person has done any act in furtherance of the objects of this Act, [shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.] 1. Subs. by Act 106 of 1976, s. 6, for certain words (w.e.f. 19-11-1976). 2. Subs. by s. 6, ibid., for "taking part in any religious procession" (w.e.f. 19-11-1976). 3. Subs. by s. 6, ibid., for certain words (w.e.f. 19-11-1976). 4. Ins. by s. 6, ibid. (w.e.f. 19-11-1976). 5. The words "attached thereto" omitted by s. 7, ibid. (w.e.f. 19-11-1976). 6. Subs. by s. 7, ibid., for certain words (w.e.f. 19-11-1976). 7. Subs. by s. 8, ibid., for certain words (w.e.f. 19-11-1976).

When a person who is convicted of an offence under section 6 holds any licence under any law for the time being in force in respect of any profession, trade, calling or employment in relation to which the offence is committed, the court trying the offence may without prejudice to any other penalty to which such person may be liable under that section, direct that the licence shall stand cancelled or be suspended for such period as the court may deem fit, and every order of the court so cancelling or suspending a licence shall have effect as if it had been passed by the authority competent to cancel or suspend the licence under any such law. Explanation.-In this section, "licence" includes a permit or a permission.

Where the manager or trustee of a place of public worship 1[for any educational institution or hostel] which is in receipt of a grant of land or money from the Government is convicted of an offence under this Act and such conviction is not reversed or quashed in any appeal or revision, the Government may, if in its opinion the circumstances of the case warrant such a course, direct the supension or resumption of the whole or any part of such grant. 1. Ins. by Act 106 of 1976, s. 11, ibid. (w.e.f. 19-11-1976). 2. Ins. by s. 12, ibid. (w.e.f. 19-11-1976). 3. Ins. by s. 13, ibid. (w.e.f. 19-11-1976).

2[Explanation.- A public servant who wilfully neglects the investigation of any offence punishable under this Act shall be deemed to have abetted an offence punishable under this Act.]

Whoever having already been convicted of an offence under this Act or of an abetment of such offence is again convicted of any such offence or abetment, 1[shall, on conviction, be punishable- (a) for the second offence, with imprisonment for a term of not less than six months and not more than one year, and also with fine which shall be not less than two hundred rupees and not more than five hundred rupees; (b) for the third offence or any offence subsequent to the third offence with imprisonment for a term of not less than one year and not more than two years, and also with fine which shall be not less than five hundred rupees and not more than one thousand rupees].

Where any act constituting an offence under this Act is committed in relation to a member of a Scheduled Caste 2***, the Court shall presume, unless the contrary is proved, that such act was committed on the ground of "untouchability".

(1) No Civil Court shall entertain or continue any suit or proceeding or shall pass any decree or order if the claim involved in such suit or proceeding or if the passing of such decree or order or if such execution would in any way be contrary to the provisions of this Act. (2) No Court shall, in adjudicating any matter or executing any decree or order, recognise any custom or usage imposing any disability on any person on the ground of "untouchability".

(1) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent of any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the purposes of this section,- (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm. 1. Subs. by Act 106 of 1976, s. 14, for certain words (w.e.f. 19-11-1976). 2. The words, brackets and figures "as defined in clause (24) of article 366 of the Constitution" omitted by s. 15, ibid. (w.e.f. 19-11-1976). 1[14A. Protection of action taken in good faith.- (1) No suit, prosecution or other legal proceeding shall lie against the Central Government or a State Government for anything which is in good faith done or intended to be done under this Act. (2) No suit or other legal proceeding shall lie against the Central Government or a State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.]

2[15. Offences to be cognizable and triable summarily.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be cognizable and every such offence, except where its punishable with imprisonment for a minimum term exceeding three months, may be tried summarily by a Judicial Magistrate of the first class or in a metropolitan area by a Metropolitan Magistrate in accordance with the procedure specified in the said Code. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), when any public servant is alleged to have committed the offence of abetment of an offence punishable under this Act, while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence of abetment except with the previous sanction- (a) of the Central Government, in the case of a person employed in connection with the affairs of the Union; and (b) of the State Government, in the case of a person employed in connection with the affairs of a State.

Save as otherwise expressly provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or any custom or usage or any instrument having effect by virtue of any such law or any decree or order of any Court or other authority.

The enactments specified in the Schedule are hereby repealed to the extent to which they or any of the provisions contained therein correspond or are repugnant to this Act or to any of the provisions contained therein.

The Schedule [See Section 17] 1. The Bihar Harijan (Removal of Civil Disabilities) Act, 1949 (Bihar Act XIX of 1949). 2. The Bombay Harijan (Removal of Social Disabilities) Act, 1946 (Bombay Act X of 1947). 3. The Bombay Harijan Temple Entry Act, 1947 (Bombay Act XXXV of 1947). 4. The Central Provinces and Berar Scheduled Castes (Removal of Civil Disabilities) Act, 1947 (Central Provinces and Berar Act XXIV of 1947). 5. The Central Provinces and Berar Temple Entry Authorisation Act, 1947 (Central Provinces and Berar Act XLI of 1947). 6. The East Punjab (Removal of Religious and Social Disabilities) Act, 1948 (East Punjab Act XVI of 1948). 7. The Madras Removal of Civil Disabilities Act, 1938 (Madras Act XXI of 1938). 8. The Orissa Removal of Civil Disabilities Act, 1946 (Orissa Act XI of 1946). 9. The Orissa Temple Entry Authorisation Act, 1948 (Orissa Act XI of 1948). 10. The United Provinces Removal of Social Disabilities Act, 1947 (U.P. Act XIV of 1947). 11. The West Bengal Hindu Social Disabilities Removal Act, 1948 (West Bengal Act XXXVII of 1948). 12. The Hyderabad Harijan Temple Entry Regulations, 1358 F (No. LV of l358 Fasli). 13. The Hyderabad Harijan (Removal of Social Disabilities) Regulations, 1358F (No. LVI of 1358. Fasli). 14. The Madhya Bharat Harijan Ayogta Nivaran Vidhan, Samvat 2005 (Madhya Bharat Act No. 15 of 1949). 15. The Removal of Civil Disabilities Act, 1943 (Mysore Act XLII of 1943). 16. The Mysore Temple Entry Authorisation Act, 1948 (Mysore Act XIV of 1948). 17. The Saurashtra Harijan (Removal of Social Disabilities) Ordinance (No. XL of 1948). 18. The Travancore-Cochin Removal of Social Disabilities Act, 1125K (Travancore-Cochin Act VIII of 1125). 19. The Travancore-Cochin Temple Entry (Removal of Disabilities) Act, 1950 (Travancore-Cochin Act XXVII of 1950). 20. The Coorg Scheduled Castes (Removal of Civil and Social Disabilities) Act, 1949 (Coorg Act I of 1949). 21. The Coorg Temple Entry Authorisation Act, 1949 (Coorg Act II of 1949).