1)
Punishment for enforcing religious
disabilities
Whoever on the
ground of “untouchability” prevents any person -
(i) from
entering any place of public worship which is open to other persons professing
the same religion or any section thereof, as such person, or
(ii) from
worshipping or offering prayers or performing any religious service in any
place of public worship, or bathing in, or using the waters of, any sacred
tank, well, spring or water course(river or lake or bathing at any ghat of such
tank, water- course, river or lake) in the same manner and to the same extent
as is permissible to the other persons professing the same religion or any
section thereof, as such person,
shall
be punishable with imprisonment for a term from one month to six months and
also with fine from one hundred rupees to five hundred rupees.
Explanation - For
the purposes of this section and section 4 persons professing the Buddhist,
Sikh or Jaina religion or persons professing the Hindu religion in any of its
forms or development including Virashaivas, Ligayats, Adivassis, followers of
Brahmo, Prasthana, thana, Arya Samaj and the Swaminaryan Sampraday shall be
deemed to be Hindus.
2) Punishment
for enforcing social disabilities
Whoever on the
ground of “untouchability” enforces against any person any disability with
regard to-
(i)
access to any shop, public restaurant,
hotel or place of public entertainment; or
(ii) the use
of any utensils, and other articles kept in any public restaurant, hotel, dharamshala,
sarai or musafirkhana for the use of the general public or of (any
section thereof); or
(iii)
the practice of any profession or the carrying
on any of occupation, trade or business ( or employment in any job); or
(iv) the use of, or access to, any
river, stream, spring, well, tank, cister, water-tap or other watering place,
or any bathing ghat, burial or cremation ground, any sanitary convenience, any
road, or passage, or any other place of public resort which other members of
the public or (any section thereof), have a right to use or have access to; or
(v) the use
of, or access to, any place used for a charitable or a public purpose
maintained wholly or partly out of State funds or dedicated to the use of the
general public or (any section thereof); or
(vi) the enjoyment of any benefit
under a charitable trust created for the benefit of the general public or of
(any section thereof); or
(vii)
the use of, or access to, any public
conveyance; or
(viii)
the construction, acquisition, or
occupation of any residential premises
in any locality, whatsoever;or
(ix) the use
of any dharamshala, sarai or musafirkhana, which is opeon to the general public, or to (any section
thereof); or
(x)
the observance of any social or
religious custom, usage or ceremony or (taking part in, or taking out, any religious,
social or cultural procession); or
(xi) the use of jewellery and finery,
shall be punishable with imprisonment for a term of
not less than one month and not more than six months and also with fine which
shall be not less than one hundred rupees and not more than five hundred
rupees.
3)
Punishment for refusing to admit person
to hospitals, etc.
Whoever on the ground of “untouchability” enforces
against any person any disability with regard to-
(i) refuses
admission on any person to any hospital, dispensary, educational institution or
any hostel, if such hospital, dispensary, educational institution or hostel is
established or maintained for the benefit of the general public or any section
thereof; or
(ii)
does any act which discriminates against
any such person after admission to any of the aforesaid institutions,
shall be punishable with imprisonment for a term of
not less than one month and not more than six months and also with fine which
shall be not less than one hundred rupees and not more than five hundred rupees.
4)
Punishment for refusing to sell goods or
render services
Whoever
on the ground of “untouchability” refuses to sell any goods or refuses to
render any service to any person at the same time and place and on the same
terms and conditions at or which such goods are sold or services are rendered
to other persons in the ordinary courses of business shall be punishable with
imprisonment for a term of not less than one month and not more than six months
and also with fine which shall be not less than one hundred rupees and not more
than five hundred rupees.
5)
Punishment for other offences arising
out of “untouchability”-
(1)
Whoever-
(a) prevent any person from
exercising any right accruing to him by reason of the abolition of
“untouchability” under article 17 of the Constitution; or
(b) molests, injures, annoys,
obstructs or causes or attempts to cause obstruction to any person in the
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 practise
“untouchability”in any form whatsoever; or
(d) insults or attempts to insult, on
the ground of “untouchability” a member of Scheduled Castes.
shall be punishable with imprisonment for a term of
not less than one month and not more than six months, and also with fine
which shall be not less than one hundred rupees and not more than five
hundred rupees.
Explanation (IA) person shall be
deemed to boycott another person who
(a) refuses to let to such other
person or refuses to permit such other person, to use or occupy any house or
land or refuses to deal with, work for hire for, or do business with, such
other person or to render to him or receive from him any customary service, or
refuses to do any of the said things on the terms on which such things would be
commonly done in the ordinary course of business; or
(b) abstains from such social,
professional or business relations as he would ordinarily maintain with such
other person.
Explanation II for the purpose of
clause
(c) a person shall be deemed to incite or
encourage the practice of “untouchability”.
(i) if he, directly or indirectly,
preaches “untouchability” or its practice in any form; or
(ii) if
he justifies, whether on historical, philosophical or religious grounds or on
the ground of any tradition of the caste system or on any other ground, the
practice of “untouchability” in any form.
(1A) Whoever commits any offence against the person
or property of any individual as a repraisal or revenge for his having
exercised any right accruing to him by reason of the abolition, of
“untouchability” under article 17 of the Constitution, shall, where the offence
is punishable with imprisonment for a term exceeding two years, be punishable
with imprisonment for a term which shall not be less than two years and also
with fine.
(2) Whoever
(i) denies to any person
belonging to his community or any section thereof any right or privilege to
which such person would be entitled as a member of such community or section,
or
(ii) takes
any part in the ex-communication of such person, on the ground that such person
has refused to practice “untouchability” that such person has done any act in
furtherance of the objects of this Act,
shall be punishable with imprisonment for a term of
not less than one month and not more than six months, and also with the fine
which shall be not less than one hundred rupees and not more than five hundred
rupees.
6)
Unlawful compulsory labour when to
be deemed to be a practice of “untouchability”-
(1) Whoever compels any person, on the ground
of “untouchability”, to do any scavenging or sweeping or to remove any carcasss
or to flay any animal, or to remove the umbilical cord or to do any other job
of a similar nature shall be deemed to have enforced a disability arising out
of “untouchabliity”.
(2) Whoever is deemed under
sub-section (I) to have enforced a disability arising out of “untouchability”
shall be punishable with imprisonment for a term which shall not be less than
three months and not more than six months and also with fine which shall not be
less than one hundred rupees and not more than five hundred rupees.
Explanation: For the purposes of this section,
“compulsion” includes a threat of social or economic boycott.)
7)
Cancellation or suspension of licenses
in certain cases---
When a person who is convicted of an offence, under
section 6 holds any license under any law for the time being in force in
respect of any profession, trade, calling or employment in relation to which
the offence is committed, the court trying the offence may, without prejudice
to any other penalty to which such person may be liable under that section,
direct that the license shall stand cancelled or be suspended for such period
as the court may deem fit, and every order of the court so canceling or
suspending a license shall have effect as if it had been passed by the
authority competent to cancel or suspend the license under any such law.
Explanation - In this section, “license” includes a
permit or permission.
8)
Resumption or suspension of grants made
by Government –
Where the manager or trustee of a place of public
worship (or any educational institution or hostel) which is in receipt of a
grant of land or money from the Government is convicted of an offence under
this Act and such conviction is not reversed or quashed in any appeal or
revision, the Government may, if in its opinion the circumstances of the case
warrant such a course, direct the suspension or resumption of the whole or any
part of such grant.
9)
Abetment
of Office
Whoever
abets any offence under this Act shall be punishable with the punishment
provided for the offence.
10) Enhanced
penalty on subsequent conviction –
Whoever
having already been convicted of an offence under this Act or of an abetment of
such offence is again convicted of any such offence or abetment, shall, on
conviction, be punishable -
(a) for the second offence, with
imprisonment for a term of not less than six months and not more than one year,
and also with fine which shall be not less than two hundred rupees and not more
than five hundred rupees;
(b) for the
third offence or any offence subsequent to the third offence with imprisonment
a term of not less than one year and not more than two years, and also with
fine which shall be not less than five hundred and not more than one thousand rupees.
11) Enhanced
penalty on subsequent conviction –
Whoever
having already been convicted of an offence under this Act or of an abetment of
such offence is again convicted of any such offence or abetment, shall, on
conviction, be punishable---
(a) for the second offence, with imprisonment for a
term of not less than six months and not more than one year, and also with fine
which shall be not less than two hundred rupees and not more than five hundred
rupees;
(b) for the
third offence or any offence subsequent to the third offence with imprisonment
a term of not less than one year and not more than two years, and also with
fine which shall be not less than five hundred and not more than one thousand
rupees.
