Court : Mumbai
Reported in : (1981)83BOMLR15; 1981CriLJ387; 1980MhLJ833
..... constitution. in pursuance of the said provisions of art. 35(a)(ii) of the constitution, the parliament has passed act. no. 22 of 1955 - the untouchability (offences) act, 1955, and subsequently by amending act no. 106 of 1976, the protection of civil rights act, 1955 has been substituted, art. 17 of the constitution itself does not define 'untouchability' presuming that it is known to ..... punishment for the offence is left to legislation by parliament under art. 35(a)(ii) so as to ensure uniformity.11. 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 connected therewith.'from this ..... to what is the meaning of the ground of 'untouchability'. art. 17 of the constitution does not define 'untouchability'. the protection of civil rights act, 1955 also does not define 'untouchability'. s. 2(a) defines 'civil rights' meaning thereby any right accruing to a person by reason of the abolition of 'untouchability' by art. 17 of the constitution. it appears that the ..... by the learned judicial magistrate, first class, miraj, dated july, 27, 1979 convicting the accused-petitioner herein under s. 7(1) of the protection of civil rights act, 1955 (hereinafter referred to as the 'act').2. for relevant and material facts which give rise to this revision application as as under -the complainant - sitaram yeshwant chandanshive (p.w. 1 .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(2)MhLj339
..... must, therefore, exist intention to humiliate also must exist. here 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. at that time, the offence was under section 7 abusing a person with reference to his caste for practicing or preaching untouchability. learned single judge of this court held that ..... form it became after the enactment of constitution, therefore, a forbidden act.7. in spite of these constitutional provisions and protection, the atrocities continued. the 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. this was legislated for the avowed object which is depicted in ..... the preamble. it reads thus :an act to prescribe punishment for the preaching and practice of 'untouchability', for the enforcement of any disability arising thereform and for .....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; 1SCR764
..... 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 ..... , respondent no. 29, rajmati, respondent no. 30, jaintuli devi, respondent no. 31, jhapri devi and respondent no. 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 pay a fine of rs. 100/- each.17 ..... who did not heed the accused and one of whom had injured khima nand. 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 them to imprisonment for life ..... 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. the aforesaid charges were framed pursuant to an occurrence which had taken place in village kafalta malla in district bilaspur in the state of u. p. wherein 14 persons were .....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
..... 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. the high court held that none of the offences above mentioned were made out on the basis of the complaint and the material ..... practised untouched ability. the appellant was neither insulted nor attempted to be insulted on the ground of untouch ability. therefore, the provisions of section 7(1)(d) of the protection of civil rights act were not attracted.12. learned counsel for the appellant did not advance any argument challenging the above finding of the high court. we have also seriously considered the matter and ..... , 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. he, therefore, took cognizance of the aforesaid offences and issued process summoning respondent no. 1 to stand trial.7. the order of ..... whether the learned special judge was justified in taking cognizance under section 7(1)(d) of the protection of civil rights act. the high court held that the utterance imputed to respondent no. 1 did not attract the provisions of section 7(1)(d) of the protection of civil rights act. to attract the said provision it had to be shown that the words so uttered had the .....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; SUPP3SCR76
..... 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. it is now well settled that article 25 secures to every person, subject of course to public order, health and morality and other provisions of part-iii, including ..... 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. accordingly, it is claimed that ..... article 17 freedom to entertain and exhibit by outward acts as well as propagate and disseminate such religious belief according to his judgment and conscience for the edification of others. the right ..... by article 25(2)(b) must necessarily be subject to some limitations or regulations and one such would be inherent in the process of harmonizing the right conferred by article 25(2)(b) with that protected by article 26(b).8. in tilkayat shri govindlalji maharaj v. the state of rajasthan and ors. : 1scr561 : 1scr561 dealing with the nature .....Tag this Judgment!
Court : Karnataka
Reported in : 2000(3)KarLJ234
..... could possibly be invented for damning the human race.14. realising this practice prevailing in the community in india among the upper caste in particular, the parliament enacted protection of civil rights act, 1955. it was the first act of the parliament to prescribe punishment for the (preaching and practice of untouchability) for the enforcement of any disability arising therefrom and for matters connected therewith. feeling ..... inadequacy 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 ..... 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. 50/- each for the offences under sections 323, 426 and 143 of the ipc with default clause and to .....Tag this Judgment!
Court : Chennai
Reported in : 1999(3)CTC464
..... .55. before 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 'untouchability'.56. 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 ..... in the parliament, read as follows:'despite various measures to improve the socio-economic conditions of the scheduled castes and scheduled tribes, they remain vulnerable. they are denied number of civil rights. they are subjected to various offences, indignities, humiliations and harassment. they have, in several brutal incidents, been deprived of their lift and property. serious crimes are committed against them for ..... disability withregard to the observance of any social or religious custom, usage or ceremonyor taking part in any religious procession.57. despite the introduction of these acts providing for stringent action against the offenders .....Tag this Judgment!
Court : Orissa
Reported in : 1985(I)OLR376
..... 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. the prosecution case is that on 12.6.1978 at about noon, the harijans, who were members of the scheduled casts, ..... adducing evidence to that effect. where, however, the act alleged has not been proved, section 12 is not attracted. 9. in this case if the article alleged' is proved, the presumption under section 12 ..... committed on the ground of untouchability. in that case the accused persons would be required to rebut the same. the rebuttal may be that the act was committed not on the ground of untouchability but on some other ground. it may be rebutted, by cross-examining the prosecution witnesses or by ..... 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. thus, the only question to be considered is ..... whether the act alleged i.e., preventing the witnesses who are members of the scheduled caste from using water from a public well and abusing them in .....Tag this Judgment!
Court : Supreme Court of India
Reported in : (1997)7SCC522
..... and; k.t. thomas, jj.1. leave granted.2. 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. it was alleged in the complaint that the complainant had invited all the residents of the village, including harijans, for taking meals at his house in connection with the wedding ..... reasonable doubt. 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. we wish, at this stage, to re-emphasise that since none of the three witnesses examined by the prosecution stated with reference to any of the accused the particular words ..... out against the accused and acquitted them.3. 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 .....Tag this Judgment!
Court : Mumbai
Reported in : 2005CriLJ3560; 2005(3)MhLj1006
..... he being belonging to the scheduled caste and further that even the provisions of section 3(1)(d) of the protection of civil rights act, 1955 (hereinafter referred to as the 'civil act') are clearly attracted and considering the provisions of section 15 of the civil act, the police are entitled to take cognizance of such offence and investigate into the matter. the learned advocate for ..... the complainant submitted that though at the time the atrocities act was brought into force, it required the acts on the part of ..... it is also sought to be contended on behalf of the petitioner that there is no f.i.r. registered under the provisions of section 7(1)(d) of the civil act. undoubtedly, the f.i.r. does not disclose incorporation of the said provision of law. however, the provisions of section 154 of the criminal procedure code are very clear. once ..... offence, it becomes their duty to record the substance of the information and to take appropriate steps for investigation into the matter. undoubtedly, section 15 of the civil act discloses that offences punishable under civil act are cognizable. being so, once a complaint is lodged disclosing the facts revealing the offence punishable under the provisions of law comprised in .....Tag this Judgment!