The Protection of Civil Rights Act, 1955
In pursuance of Article 17 of the Constitution of India, 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 Act, 1955”. Rules under this Act, viz “The Protection of Civil Rights Rules, 1977” were notified in 1977. The Act extends to the whole of India and provides punishment for the practice of untouchability. It is implemented by the respective State Governments and Union Territory Administrations.
Main provisions of the Protection of Civil Rights Act, 1955, are as under:-
Offences under the Act: Sections 3 - 7A of the Act define the following as offences if committed on the ground of “untouchability”, and lay down punishment for them:
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the PoA Act) came into force with effect from 30.01.1990. This legislation aims at preventing commission of offences by persons other than Scheduled Castes and Scheduled Tribes against Scheduled Castes and Scheduled Tribes. Comprehensive Rules under this Act, titled “Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995” were notified in the year 1995, which, inter-alia, provide norms for relief and rehabilitation. These Rules had not been amended thereafter.
The PoA Rules were amended in December, 2011, which, among other things, prescribe minimum scale of relief and rehabilitation for the affected persons (between Rs 50,000/- to Rs 500,000/-, depending upon the nature of offence). Rule 16 and 17 of the aforesaid Rules were further amended and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2013, were notified by the Central Government in the Gazette of India on 08.11.2013. The notified amendments provide for nomination by Central Government of not more than three social workers in the State and District level Vigilance and Monitoring Committees and constitution of Sub-Division level Vigilance and Monitoring committee and nomination by the Central Government of not more than three social workers in the Committee.
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2014