PCR Act, 1955 and the SC/ST Act: Relationship, History and Comparison

India fights untouchability with two central statutes. The Protection of Civil Rights Act, 1955 (the PCR Act, originally the Untouchability (Offences) Act, 1955) punishes the practice of untouchability: keeping people out of temples, shops, wells, hospitals and schools, or insulting them on the ground of untouchability. The SC/ST (Prevention of Atrocities) Act, 1989 punishes atrocities: the violence, humiliation and exploitation used to keep Scheduled Castes and Scheduled Tribes subordinate. The two are often confused in answers. This note first traces how the 1955 Act came to be and why it failed, then explains the 1976 overhaul, and finally sets out how the two statutes relate, where they overlap, and how they differ point by point.

1. Two Statutes, One Constitutional Mandate

Both Acts flow from Article 17, which abolishes untouchability and makes the enforcement of any disability arising from it an offence 'punishable in accordance with law'. The PCR Act is the direct legislative implementation of that sentence. The PoA Act goes further: it draws also on Articles 21 and 46 and targets a different mischief, namely crimes committed against Scheduled Castes and Scheduled Tribes by persons outside those communities. One is a general anti-untouchability law; the other is a special anti-atrocities law.

2. Historical Background of the Untouchability (Offences) Act, 1955

2.1 The constitutional mandate

• Article 17. Abolished untouchability and forbade its practice in any form, but left punishment to be prescribed by law.
• Article 35(a)(ii). Gave Parliament alone the power to make laws prescribing punishment for acts declared offences under Part III. States could no longer legislate on the subject.
• Article 35(b). Kept pre-Constitution laws providing punishment for such acts in force until altered, repealed or amended by Parliament. The existing provincial and princely laws therefore continued, as a stop-gap, after 26 January 1950.

2.2 A patchwork of State laws

By 1950 a number of provinces and princely States had their own laws against civil and religious disabilities and on temple entry: in Bihar, Bombay, the Central Provinces, East Punjab, Madras, Orissa, the United Provinces, West Bengal, Hyderabad, Madhya Bharat, Mysore, Saurashtra, Travancore-Cochin and Coorg, among others. They differed in scope, penalties and procedure, and many States had no such law at all. A uniform, all-India law was needed both because Article 35 required it and because a citizen's protection against untouchability could not depend on where he lived.

2.3 Enactment

• Passed and assented. The Untouchability (Offences) Act, 1955 (Act 22 of 1955) was enacted on 8 May 1955.
• In force. 1 June 1955, extending to the whole of India.
• Repeal of State laws (Section 17). The Schedule to the Act repealed twenty-one State enactments to the extent that they corresponded to or were repugnant to it, replacing the patchwork with a single central law.

2.4 Scheme of the original Act

• Offences (Sections 3 to 7). Enforcing religious disabilities (s.3), such as preventing entry into or worship at a place of public worship; enforcing social disabilities (s.4), such as denying access to shops, restaurants, hotels, public wells, water sources, roads, cremation grounds or the use of utensils and ornaments; refusing admission to hospitals, dispensaries, educational institutions and hostels (s.5); refusing to sell goods or render services (s.6); and other offences arising out of untouchability (s.7), such as molesting or obstructing a person in the exercise of rights accruing from Article 17, inciting the practice of untouchability, and, under s.7(2), denying a person the rights of his community or taking part in his excommunication because he refused to practise untouchability.
• Punishment. For each offence: imprisonment which may extend to six months, or fine which may extend to five hundred rupees, or both. A court could therefore let a first offender off with a small fine. Only on a subsequent conviction did Section 11 require both imprisonment and fine.
• Collateral sanctions. Cancellation or suspension of licences (s.8) and resumption or suspension of government grants (s.9).
• Presumption (Section 12). Where an act constituting an offence was committed in relation to a member of a Scheduled Caste, the court was to presume, unless the contrary was proved, that it was committed on the ground of untouchability.
• Procedure (Section 15). Every offence was cognizable, but could be compounded with the permission of the court.
• Overriding effect (Section 16). The Act prevailed over any inconsistent law, custom or usage.

2.5 Why the 1955 Act failed

• Soft and optional punishment. Imprisonment was not compulsory for a first offence; a fine alone satisfied the law and carried no real deterrence.
• Compounding. Because offences could be compounded, complainants who depended on the accused for work, land or credit were pressured into settling.
• Burden on the victim. Enforcement depended on individual victims complaining against the dominant groups of their own village.
• No State machinery. The Act imposed no duty on governments to publicise it, provide legal aid, set up special courts or identify affected areas.
• The Elayaperumal Committee. The Committee on Untouchability, Economic and Educational Development of the Scheduled Castes (chaired by L. Elayaperumal, appointed in 1965, reported in 1969) found untouchability still widespread, very few cases registered, low conviction rates and trivial sentences, and recommended a much stronger law.

3. The 1976 Overhaul: From Untouchability (Offences) Act to Protection of Civil Rights Act

The Untouchability (Offences) Amendment and Miscellaneous Provision Act, 1976 (Act 106 of 1976), in force from 19 November 1976, renamed the statute the Protection of Civil Rights Act, 1955 and rebuilt it around the idea of 'civil rights', defined in Section 2(a) as any right accruing to a person by reason of the abolition of untouchability by Article 17. The main changes are shown below.

Figure 1: What the 1976 amendment changed

• Mandatory imprisonment and fine. Offences under Sections 3 to 7 now carry imprisonment of not less than one month and not more than six months, and a fine of not less than one hundred and not more than five hundred rupees. A substituted Section 11 grades repeat offences: six months to one year for a second conviction, and one to two years for a third or subsequent conviction, in each case with fine.
• Compulsory labour (Section 7A). Compelling a person on the ground of untouchability to do scavenging, sweeping, removal of carcasses, flaying or similar work is deemed a practice of untouchability, punishable with three to six months and fine.
• Insult (Section 7(1)(d)). Insulting, or attempting to insult, a member of a Scheduled Caste on the ground of untouchability became a specific offence.
• Officials (Section 10). A public servant who wilfully neglects the investigation of an offence under the Act is deemed to have abetted it.
• Collective fine (Section 10A). The State Government may impose a collective fine on the inhabitants of an area who are concerned in or abetting such offences, or harbouring offenders.
• Procedure (Section 15). Offences are cognizable, and those not carrying a minimum term exceeding three months may be tried summarily; the power to compound was removed.
• Duty of the State (Section 15A). State Governments must ensure that the rights arising from the abolition of untouchability are made available to and availed of by the persons concerned, including through legal aid, special courts, committees, periodic surveys and identification of affected areas. The Central Government reports annually to Parliament on these measures.
• No probation (Section 16A). The Probation of Offenders Act, 1958 does not apply to a person above fourteen years found guilty under the Act. The PCR Rules were framed in 1977.

4. Relationship between the PCR Act and the SC/ST Act

4.1 Common source, different targets

The PCR Act enforces civil rights: equal access to worship, public places, services, goods and institutions. The PoA Act protects life, body, dignity, property and political participation against caste-motivated crime. The first is concerned with discrimination; the second with violence and degradation. The PoA Act's Statement of Objects and Reasons says so expressly: the PCR Act and the ordinary provisions of the IPC had been found inadequate to check atrocities.

4.2 The later Act builds on the earlier

• Borrowed provision. Section 16 of the PoA Act empowers State Governments to impose a collective fine and applies Section 10A of the PCR Act to it, so far as may be.
• Parallel architecture. Both have an overriding clause (PCR s.16; PoA s.20), statutory presumptions (PCR s.12; PoA s.8), a bar on probation (PCR s.16A above fourteen; PoA s.19 above eighteen), a statutory duty on State Governments (PCR s.15A; PoA s.21), and an annual report to Parliament by the Central Government.
• Joint implementation. Both are administered by the Ministry of Social Justice and Empowerment, and a single centrally sponsored scheme assists States in implementing the two Acts together, including relief to victims, special courts and incentives for inter-caste marriages.

4.3 Complementary, not alternative

The PoA Act did not repeal or amend the PCR Act, and each has its own non obstante clause. Since they operate on different fields, there is no real conflict to resolve: both remain in force and can apply to the same incident if their ingredients are satisfied. The PCR Act also covers ground the PoA Act cannot. Its offences can be committed by any person, including a member of one Scheduled Caste practising untouchability against a member of another, whereas Section 3 of the PoA Act is confined to accused persons who are not Scheduled Castes or Scheduled Tribes.

Figure 2: Where the two statutes meet

4.4 Overlap and double jeopardy

Some conduct falls under both Acts, for example obstructing a Scheduled Caste person's use of a public well, insulting him on the ground of caste, or compelling him to do scavenging. The prosecution may frame charges under both, but three rules prevent double punishment:

• Article 20(2). No person shall be prosecuted and punished for the same offence more than once.
• Section 26, General Clauses Act, 1897. Where an act or omission constitutes an offence under two or more enactments, the offender may be prosecuted and punished under either or any of them, but shall not be liable to be punished twice for the same offence.
• Section 337 BNSS (formerly Section 300 CrPC) and Section 9 BNS (formerly Section 71 IPC). A person once convicted or acquitted cannot be tried again for the same offence, and where an act is made up of several offences, punishment is limited accordingly.

4.5 Choosing the right statute

Figure 3: Which statute do you invoke?

5. PCR Act vs PoA Act: Point-by-Point Comparison

• Constitutional base. PCR: Article 17, enacted under Article 35. PoA: Articles 17, 21 and 46, with Article 14 permitting the special classification.
• Object. PCR: to abolish the practice of untouchability and secure civil rights. PoA: to prevent atrocities, punish offenders, try them speedily and rehabilitate victims.
• Key concept. PCR: 'civil rights' (s.2(a)) and 'untouchability'. PoA: 'atrocity' (s.2(1)(a)), an offence under Section 3.
• Who can be accused. PCR: any person. PoA: only a person who is not a member of a Scheduled Caste or Scheduled Tribe (s.3); a public servant who is not such a member under s.4.
• Who is protected. PCR: any person subjected to untouchability; the presumption in s.12 applies where the victim is a Scheduled Caste member. PoA: members of Scheduled Castes and Scheduled Tribes.
• Kind of wrong. PCR: denial of access, service, worship and equal treatment; insult on the ground of untouchability. PoA: violence, sexual offences, degradation, dispossession, boycott, false cases, interference with voting and office.
• Punishment. PCR: one to six months and fine for a first offence, higher on repetition. PoA: six months to five years under s.3(1); up to life, and death in one case, under s.3(2).
• Presumption. PCR s.12: act done on the ground of untouchability. PoA s.8: abetment from financial assistance, common intention in group offences arising from land or other disputes, and knowledge of caste identity where the accused knew the victim or his family.
• Investigation and trial. PCR: cognizable, summary trial for lesser offences, special courts under s.15A. PoA: investigation by an officer not below DSP rank, charge-sheet within sixty days, Special and Exclusive Special Courts with direct cognizance.
• Bail. PCR: offences are bailable, the maximum punishment being under three years. PoA: no anticipatory bail (ss.18, 18A).
• Probation. PCR: barred above fourteen (s.16A). PoA: barred above eighteen (s.19).
• Public servants. PCR: wilful neglect of investigation deemed abetment (s.10). PoA: wilful neglect of specified duties is a separate offence punishable with six months to one year (s.4); offences by public servants under s.3 attract a minimum of one year (s.3(2)(vii)).
• Victims. PCR: legal aid and State measures under s.15A. PoA: detailed rights of victims and witnesses (s.15A), relief and rehabilitation under the 1995 Rules.
• Preventive powers. PCR: collective fine (s.10A). PoA: collective fine (s.16), externment (s.10), preventive action (s.17).
• Rules. PCR: Protection of Civil Rights Rules, 1977. PoA: SC/ST (Prevention of Atrocities) Rules, 1995.

6. Quick Revision and Memory Aids

• '17 abolishes, 35 empowers, 35(b) bridges'. Article 17 abolition; Article 35(a)(ii) Parliament's exclusive power; Article 35(b) kept old State laws alive till 1955.
• '22 of 55, 8 May, 1 June'. Act 22 of 1955, enacted 8 May 1955, in force 1 June 1955.
• '21 State laws out'. Section 17 and the Schedule repealed twenty-one State enactments.
• 'Or became and'. 1955: six months or fine or both. 1976: one to six months and fine.
• '106 of 76, renamed on 19 November'. Act 106 of 1976 turned the 1955 Act into the PCR Act.
• 'Compounding out, collective fine in'. The two most tested 1976 changes.
• 'Anyone under PCR; outsiders under PoA'. The key difference in who can be accused.
• '14 and 18'. Probation barred above 14 under PCR (s.16A) and above 18 under PoA (s.19).
• '10A travels to 16'. PoA s.16 borrows the collective fine in PCR s.10A.
• 'Same offence, not same facts'. S.L. Apte: the test for double jeopardy.

7. Frequently Asked Questions

Why was the Untouchability (Offences) Act renamed the Protection of Civil Rights Act?

The 1976 amendment reframed the law around the positive idea of 'civil rights' accruing from Article 17, rather than only around offences, and strengthened it with mandatory punishment, removal of compounding, collective fines and duties on the State, following the Elayaperumal Committee's findings.

Did the SC/ST Act, 1989 replace the PCR Act?

No. Both remain in force. The PCR Act deals with the practice of untouchability and civil rights; the PoA Act deals with atrocities. The PoA Act even borrows the PCR Act's collective fine provision through Section 16.

Can a member of a Scheduled Caste be prosecuted under the PCR Act?

Yes. Offences under the PCR Act can be committed by any person. In contrast, Section 3 of the PoA Act applies only to persons who are not members of a Scheduled Caste or Scheduled Tribe.

Can one incident be prosecuted under both Acts?

Yes, if the ingredients of offences under both are made out. But the offender cannot be punished twice for the same offence (Article 20(2); Section 26, General Clauses Act; S.L. Apte).

Which Article gives Parliament exclusive power to make the PCR Act?

Article 35(a)(ii), which vests in Parliament, and not in State legislatures, the power to prescribe punishment for acts declared offences under Part III, including the practice of untouchability under Article 17.

8. Related Topics and Provisions

• Topic 3: Development of Law against Untouchability. Article 17, the meaning of untouchability, temple entry and Appa Balu Ingale.
• Topic 5: Meaning and Nature of Atrocity. Section 2(1)(a) and the offences under Section 3.
• PCR Act, Sections 2(a), 3 to 7A, 10, 10A, 12, 15, 15A, 16, 16A and 17. The civil rights statute.
• PoA Act, Sections 16, 19 and 20. Collective fine, probation and overriding effect.
• Article 20(2); Section 26, General Clauses Act; Section 337 BNSS. Double jeopardy.