Explain in detail practices of untouchability and its punishment and presumption by courts under Civil Rights Protection Act, 1955.
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| Explain in detail practices of untouchability and its punishment and presumption by courts under Civil Rights Protection Act, 1955. |
Que. Explain in detail practices of untouchability and its punishment and presumption by courts under Civil Rights Protection Act, 1955.
Ans:
A] Introduction
Untouchability is a deplorable social practice that has persisted for centuries in India, perpetuating discrimination and marginalization against certain communities. To address this deeply rooted issue, the Civil Rights Protection Act, 1955, was enacted. This article delves into the practices of untouchability, the punishment for its perpetuation, and the presumptions made by courts under this important legislation. Various criminal laws and their respective sections will be incorporated to provide a comprehensive understanding. Additionally, unique points will be highlighted to emphasize the importance of eliminating this age-old social evil.
B] Understanding Practices of Untouchability
Untouchability is a discriminatory practice rooted in the caste system of India, which segregates individuals based on their birth into different castes. Historically, certain castes considered themselves superior, resulting in the segregation and oppression of so-called "lower" castes. Practices of untouchability include:
1.Prohibition from Entering Public Spaces: Members of lower castes were barred from entering temples, educational institutions, and other public spaces deemed sacred or pure.
2.Segregation in Living Spaces: Lower-caste individuals were forced to live in separate, often distant, areas from upper-caste communities.
3.Denial of Basic Rights: Lower-caste individuals were deprived of fundamental rights such as access to water sources, education, and healthcare.
4.Occupational Discrimination: Certain professions were restricted to specific castes, preventing individuals from lower castes from pursuing certain livelihoods.
C] Punishment for Untouchability under the Civil Rights Protection Act, 1955
The Civil Rights Protection Act, 1955, was enacted to eliminate untouchability and ensure equal rights and dignity for all citizens. The Act prescribes strict punishment for those who perpetuate untouchability:
1.Imprisonment: Any person who practices untouchability, directly or indirectly, is liable for imprisonment for a term that may extend up to six months.
2.Fine: Offenders may also be fined for practicing untouchability, the amount of which is determined by the court.
3.Enhanced Punishment: In case of a subsequent conviction for the same offense, the court may impose enhanced penalties, including higher fines and longer imprisonment.
D] Presumptions by Courts under the Civil Rights Protection Act, 1955
To ensure effective implementation of the Act and uphold its objectives, courts are empowered to make certain presumptions in untouchability cases:
1.Presumption of Untouchability: In any prosecution under the Act, the court shall presume the existence of untouchability in the absence of evidence to the contrary.
2.Burden of Proof: Once the prosecution establishes a prima facie case, the burden of proof shifts to the accused, who must provide evidence to refute the presumption of untouchability.
3.Presumption of Guilt: The court may presume the guilt of the accused if they refuse to answer any question or furnish any information during the trial.
4.Presumption in Favour of the Affected: The court shall presume that any person belonging to a Scheduled Caste or Scheduled Tribe was subjected to untouchability on the grounds of their caste.
E] Relevant Criminal Laws Related to Untouchability
Apart from the Civil Rights Protection Act, 1955, several other criminal laws provide protection against untouchability and related offenses:
1.Article 17 of the Indian Constitution: This constitutional provision abolishes untouchability in all its forms and enshrines the fundamental right to equality.
2.Protection of Civil Rights Act, 1955: This Act complements the Constitutional provisions and criminalizes the practice of untouchability.
3.Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: This legislation provides protection to SC/ST communities from atrocities, including those arising from untouchability.
F] Unique Points
1.Social and Educational Awareness: Creating awareness through social campaigns and educational initiatives can help dispel the myths associated with untouchability.
2.Role of Law Enforcement: Strengthening the capacity and sensitization of law enforcement agencies is essential for effectively implementing the Act and ensuring justice for victims.
3.Empowering SC/ST Communities: Providing equal opportunities, education, and economic empowerment to SC/ST communities can help break the cycle of untouchability.
G] Conclusion
Untouchability is a reprehensible social practice that has plagued India for generations, perpetuating discrimination and marginalization of certain communities. The Civil Rights Protection Act, 1955, stands as a crucial legislative instrument to eradicate this social evil and ensure equal rights and dignity for all citizens. By providing stringent punishment for perpetuating untouchability and establishing presumptions to facilitate its prosecution, the Act seeks to uphold the values of justice and equality enshrined in the Indian Constitution. However, the effective eradication of untouchability requires a multi-faceted approach involving awareness, social reform, and sensitization of law enforcement agencies. Only through concerted efforts can India move towards a more inclusive and just society, where untouchability is relegated to the past, and every individual can live with dignity and respect.
References:
The Civil Rights Protection Act 1955.
The Constitution of India.
Thank you for reading !
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