Union Government Report on Protection of Civil Rights Act (PCR Act) 1955

Syllabus: GS2/Polity and Governance

Context

• The Union government’s 2022 annual report on the implementation of(PCR Act) 1955, has been made public by the Ministry of Social Justice and Empowerment.

Challenges Highlighted by the 2022 Report

• Underreporting: Low case numbers may reflect lack of awareness, fear of retaliation, reluctance to use the law, or preference for the SC/ST Act, rather than actual reduction in untouchability practices.
• High Pendency and Poor Conviction Rates: In 2022, 1,242 cases under the PCR Act were pending trial in courts.
  • The pendency rate in courts remains above 97%, indicating sluggish judicial processing.
• Ineffective Enforcement: The very high rate of acquittals and pendency signals gaps in investigation, evidence collection, witness/victim protection, and judicial processes.
• Overlapping Legislation: The enactment and broader coverage of the SC/ST (Prevention of Atrocities) Act, 1989 has shifted most prosecution of caste-based crimes under its provisions, relegating the PCR Act to limited, less severe offences.
• Lack of State Initiative: Several States have not established the required infrastructure or reporting systems, undermining the intended purpose of the Act.

Protection of Civil Rights Act (PCR Act) 1955

• Article 17 of the Constitution (enforced on 26 January 1950) legally abolished untouchability.
• To operationalise this constitutional guarantee, the Untouchability (Offences) Act, 1955 was passed.
• In 1976, the Act was comprehensively amended and renamed as the Protection of Civil Rights (PCR) Act, to reflect its focus on the enforcement of civil rights.

Key Provisions of Protection of Civil Rights Act

• Definition of ‘Civil Rights’: Refers to any right accruing to a person by reason of the abolition of untouchability under Article 17 of the Constitution.
• Punishable Offences: Denial of access to public places like temples, wells, shops, restaurants, roads, schools, etc.
  • Refusal to sell goods or render services based on untouchability.
  • Insulting a person on the ground of untouchability.
  • Compulsion to perform menial services or social boycott.
  • Preventing any person from observing any religious or social custom.
• Nature of Offences: All offences under the Act are cognizable and non-compoundable.
  • Enhanced punishment for repeat offenders (up to 2 years and fine).
• Institutional Framework: Ministry of Social Justice and Empowerment is the nodal ministry for implementation.
  • State-level Vigilance and Monitoring Committees are to be formed.
  • Annual Reports on the Act’s implementation are tabled in Parliament.

Way Forward

• Revamp and strengthen enforcement mechanisms under the Act.
• Regular training and sensitisation of police, judiciary, and public officials.
• Strengthen monitoring at the district level, including the declaration of “untouchability-prone” areas where necessary.
• Improve legal aid and awareness among Dalit communities.
• Ensure better coordination between PCR Act and SC/ST PoA Act implementation.

Source: TH