Court : Mumbai
Reported in : (1981)83BOMLR15; 1981CriLJ387; 1980MhLJ833
..... the preamble of the protection of civil rights act, 1955 states :'an act to prescribe punishment for the preaching and practice of 'untouchability', for the enforcement of any disability arising therefrom and for matters ..... of 1976, the protection of civil rights act, 1955 has been substituted, ..... the protection of civil rights act, 1955 (hereinafter referred to as the 'act').2. ..... the protection of civil rights act, 1955 also does not define ' ..... of the said act of 1955 is substituted as 'the protection of civil rights act.'9. ..... 7(1) of civil rights act, 1955, the accused is entitled to an order ..... 2(a) defines 'civil rights' meaning thereby any right accruing to a person by reason of the abolition of 'untouchability' ..... 17 of the constitution; or (b) molests, injures, annoys, obstructs or causes or attempts to cause obstruction to any person in 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; or (d) insults or attempts to insult, on the ground of 'untouchability', - shall ..... 1955 - the untouchability (offences) act, 1955, and subsequently by amending act no ..... (1) whoever - (a) prevents any person from exercising any right accruing to him by reason of the abolition of 'untouchability' .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)MhLj339
..... civil rights of fundamental rights given by the constitution continued to be trampled and the parliament of india was, therefore, required to legislate in 1955, another enactment called the protection of civil rights act, 1955. ..... i would like to refer, with advantage, a judgment delivered by this court in 1980 under the provisions of protection of civil rights act, 1955. ..... protection of civil rights act of 1955 ..... all provisions of protection of civil rights act were, as noticed by me above, legislated to prevent practice of touchability and the dictum of this judgment, therefore, is that the abuse with reference to accused must be connected with practicing or preaching untouchability to be an ..... have noticed about the legislative history of this act, why it was enacted, when it was enacted, how the protection of prevention of backward community were made, implementation was sought and having seen that the act of 1955 also did not give the desired results, then the atrocities act of 1989 was enacted. ..... a trespass against the rights of a scheduled caste or scheduled tribe person is, therefore, made an offence to bring home the charge under this item, it has to be proved that the person committing an act of trespass had a knowledge that he is committing trespass on a right and land belonging to a person who is belonging to scheduled caste or scheduled tribe, here also proof of knowledge by whatever means, legal of courses is ..... , the act is intended to protect the members of scheduled castes and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC1654; 1997(1)ALD(Cri)470; 1997(1)ALT(Cri)644; 1997(2)BLJR1662; 1997CriLJ1150; 1997(1)Crimes121(SC); JT1997(2)SC149; 1997(1)SCALE626; (1997)3SCC747; [1997]1SCR764
..... , nar dev and an singh respondents under sections 302/149 307/149 436/149 323/149 and 147, ipc and sub-sections (iv) and (x) of section 4 and section 7 of the protection of civil rights act, 1955 is dismissed.by the second order the papers were directed to be placed before the chief justice for the appeal to be placed before another judge under section 392 of the crpc. ..... it was held that charges against them under section 4(iv) and (x) of the protection of civil rights act, 1955 as well as charges under sections 147 302/149 436/149 323/149 and 307/149, ipc, stood established and the judge proposed to sentence ..... 32, mana devi under section 4(iv), (x) and 7 of the protection of civil rights act, 1955 was proposed to be set aside and they were to be sentenced to undergo simple imprisonment for one month each and to ..... respondents of charges under sections 147 302/149 436/149 307/149 of the indian penal code (for short the 'ipc') arid under section 4(iv), (x) and section 5 and 7 of the protection of civil rights act, 1955. ..... prasad, pw-1 to patwari narain singh khetri because under section 2 of the tehri garhwal revenue officials (special powers) act, 1956 the patwari had been invested with powers of an officer in charge of a police station. ..... in fact as observed in lalji's case (air 1989 sc 754) (supra) 'while overt act and active participation may indicate common intention of the person perpetrating the crime, the mere presence in the unlawful assembly may fasten vicariously criminal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(1)ALD(Cri)656; 2004CriLJ1770; JT2004(3)SC7; 2004(2)KLT145(SC); RLW2004(2)SC317; 2004(2)SCALE734; (2004)4SCC231
..... the code of criminal procedure quashed the order of the special judge, thalassery whereby he had taken congnizance of the offences under section 3(1)(x) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (hereinafter referred to as the '1989 act' and section 7(1)(d) of the protection of civil rights act, 1955. ..... considered the matter and we are satisfied that the high court was right in coming to the conclusion that section 7(1)(d) of the protection of civil rights act is not attracted in the facts and circumstances of this case. ..... complainant on oath and the statements of two other witnesses examined before it, came to the conclusion that in the facts and circumstances of the case, the commission of an offence under section 3(1)(x) of the 1989 act and under section 7(1)(d) of the protection of civil rights act was made out. ..... section 7(1)(d) of the protection of civil rights act were not attracted.12. ..... provisions of section 7(1)(d) of the protection of civil rights act. ..... consideration is whether the learned special judge was justified in taking cognizance under section 7(1)(d) of the protection of civil rights act. ..... relying upon the decisions of this court it was submitted that the special judge constituted for the trial of offences under the aforesaid 1989 act could only exercise the powers of a session court in accordance with the procedures laid down under the code of criminal procedure, it was submitted that unless an order of committal was made by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC3538; 2003(1)ALD28(SC); 2002(4)ALLMR(SC)843; 95(2003)CLT504(SC); JT2002(8)SC51; 2002(3)KLT615(SC); (2002)8SCC106; [2002]SUPP3SCR76
..... it was also urged that the rights and claims based upon article 25 have to be viewed and appreciated in proper and correct perspective in the light of articles 15, 16 and 17 of the constitution of india and the provisions contained in the protection of civil rights act, 1955, enacted pursuant to the constitutional mandate, which also not only prevents and prohibits but makes it an offence to practice 'untouchability' in any form. ..... has been taken to achieve this in the constitution and, in our view, the message conveyed thereby got engrafted in the form of articles 14 to 27 and 21 of the constitution of india, and paved way for the enactment of the protection of civil rights act, 1955.16. ..... state of tamil nadu : [1972]3scr815 : [1972]3scr815 , again reviewed the principles underlying the protection engrafted in articles 25 and 26 in the context of a challenge made to abolition of hereditary right of archaka, and reiterated the position as hereunder:'this court in sardar syadna taher saifuddin saheb v. ..... (supra), this court while dealing with the validity of j & k mata vaishno devi shrine act, 1988, and the abolition of the right of baridars to receive share in the offerings made by pilgrims to shri mat vaishno devi, observed their right to perform pooja is only a customary right coming from generations which the state can and have by legislation abolished and that the rights seemed under articles 25 and 26 are not absolute or unfettered but subject to legislation by the state .....
Tag this Judgment!Court : Karnataka
Reported in : 2000(3)KarLJ234
..... the accused petitioners for offences under sections 143, 147, 323 read with section 149, section 423 read with section 149 of the ipc and section 4(iv) of the protection of civil rights act of 1955 ('the act' for short) and to pay a fine of rs. ..... india among the upper caste in particular, the parliament enacted protection of civil rights act, 1955. ..... that:'in this act, unless the context otherwise requires,(a) 'civil rights' means any right accruing to a person by reason of the abolition of untouchability' by article 17 of the constitution'.even the subsequent act viz. ..... -examination of witnesses which are favourable to the accused and that the learned sessions judge has misread the evidence in holding that the ingredients of the offence under section 4(iv) of the act have been proved and that the court has erred in not noticing the two warring groups in the village and that the evidence suffers from interestedness and in the absence of pre ..... of provisions of law protecting the rights of these untouchables, the parliament introduced the scheduled castes and scheduled tribes (prevention of atrocities) act redefining and enlarging the scope of the act and giving more teeth ..... in interpreting the act, the judge should be cognizant to and always keep at the back of his/her mind the constitutional goals and the purpose of the act and interpret the provisions of the act in the light thus shed to annihilate untouchability; to accord to the dalits and the tribes right to equality; social ..... act, 1955 .....
Tag this Judgment!Court : Chennai
Reported in : 1999(3)CTC464
..... the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 was passed, the parliament had passed an act, known as 'the protection of civil rights act, 1955' to prescribe punishment for the preaching and practice of ' ..... the learned senior counselappearing for the 5th respondent, the deputy superintendent of police, filed awritten submission stating that the deputy superintendent of police hadconducted the investigation fairly and as the allegations under the act werenot made out, the deputy superintendent of police transferred theinvestigation to the inspector of police for further investigation andconsequently, the inspector of police, after investigation, filed a charge sheetand the judicial magistrate, devakottai ..... been falsely stated in the complaint that he was abused by using the name of caste, in order to harass the accused persons(i) therefore, the deputy superintendent of police decided to delete the offence under section 3(1)(x) of the act and directed the inspector of police, taluk police station, devakottai (6th respondent herein) to take further action in respect of other offences under sections 147, 341, 355 and 323, i.p.c. ..... denied number of civil rights. ..... subsequently, the parliament passed an act known as 'theuntouchability (offences) act, 1955', in order to make an act penal, if anyperson on the ground of untouchability is subjected to any disability withregard to the observance of any social or religious custom, usage or ceremonyor taking part in any .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1997)7SCC522
..... on a complaint filed by one duni chand on 8-5-1978, seven persons were tried for offences under the protection of civil rights act, 1955. ..... the high court by special leave, reversed the order of the trial court and convicted the appellants under section 7 of the act and sentenced each one of them to undergo simple imprisonment for a period of one month and to pay a fine of rs 100 each and in default of payment of fine to further undergo simple imprisonment for 15 days each.4. ..... the evidence on record does not establish the commission of any offence by any of the accused/appellants under section 7 or under any other provision of the act. .....
Tag this Judgment!Court : Orissa
Reported in : 1985(I)OLR376
..... is an appeal preferred by the states against the order of the subdivisional judicial magistrate, dharamgarh acquitting the respondents-accused persons of the charges under sections 3 and 7 of the protection of civil rights act, 1955 (hereinafter called the 'act'). 2. ..... this case if the article alleged' is proved, the presumption under section 12 would be attracted and since it is not the case of the respondents that they committed the act alleged on any other ground, the presumption will be that it was committed on the ground of untouchability. ..... mohanty, the learned puplic prosecutor submitted that the act alleged if proved would attract section 7 of the act and the order of acquittal would be vitiated inasmuch as the trial court has not given any weight to section 12 of the act and in fact it has not taken note of the ..... by courts in certain cases: where any act constituting an offence under this act is committed in relation to a member of a scheduled caste, the court shall presume, unless the contrary is proved that such act was committed on the ground of 'untouchability'.mr ..... 12 deals with a presumption of fact that the act alleged was committed on the ground of untouchability. ..... the rebuttal may be that the act was committed not on the ground of untouchability but on some other ..... once prosecution proves that the act as alleged was committed, the presumption ..... is submitted that consideration of the evidence in the background of section 12 of the act would lead to a different conclusion. 7. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1734; 2004(1)ALD(Cri)672; JT2004(3)SC202; 2004(3)SCALE49; (2004)4SCC432; 2004(2)LC1075(SC)
..... the complainant has filed a complaint in the court of chief judicial magistrate alleging commission of offence punishable under section 7 of the protection of civil rights act, 1955 (hereinafter referred to as 'the act').3. ..... regarding the seriousness of the offence, we may notice that the ill of untouch ability was abolished under the constitution and the act under which the complaint in question has been filed was enacted nearly half a century ago. ..... again, by order dated 16th december, 1994 the magistrate reached the same conclusion as had been reached on two earlier occasions and took cognizance of offence under section 7 of the act against the appellant and directed that the appellant be summoned.8. ..... the high court has rightly concluded that the order passed by the magistrate does not call for any interference in exercise of inherent powers under section 482 of the code.12. mr. ..... to comply the mandate of the constitution, the act has been enacted inter alia with a view to prescribe punishment for the preaching and practice of 'untouch ability', for the enforcement of disability arising therefrom and for matters connected therewith.4. .....
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