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
|
|
01
|
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.
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