The Constitution of India rests on the principles of equality and bars any discrimination on the ground of religion, race, caste, sex or place of birth. Article 15 specially prohibits the State from discriminating on the ground of religion, race, caste, sex, place of birth or any of them. Clause (2) of the Article prohibits any discrimination on these grounds which leads to disability in accessing any shops, restaurants, hotels, places of entertainment or from using any public wells, tanks, bathing ghats, roads or places of resorts. Similarly, Article 16 prohibits any discrimination on the basis of religion, race, caste, place of birth or sex in the matters of employment to any job or profession.
Article 17 of the Constitution bans the practice of untouchability and makes any practice of untouchability an offence. The Protection of Civil Liberties Act, 1955, was enforced to prescribe for providing punishment for the practice of untouchability and any disability arising out of such practice. Section 3 of the Act punishes the act of preventing any person on the ground of untouchability from entering any place of worship or worshiping with a punishment of imprisonment with a term of not less than one month which might extend upto six months and also a fine which would be not less than one hundred rupees but may extend upto five hundred rupees. Section 4 of the Act prescribes the punishment for causing disability in the matters of entering public hotels, restaurants, dharamshalas, shops and social places, using jewellery or following social customs. Sections 5 lays the punishment for preventing any person on the ground of untouchability from entering hospital, dispensary, hostel or any educational institution. Section 6 lays down the punishment for refusing to sell any item or rendering any services to any person on the ground of untouchability. Section 7 prescribes punishment for any other offences arising out of untouchability including molesting or insulting any person with a similar punishment. Section 7A similarly;arly punishes a person for forcing another to do human scavenging based on the ground of caste. Section 10 provides that an abetment of any offence under the Act shall be punished with the same punishment as the offence itself.
Article 17 of the Constitution bans the practice of untouchability and makes any practice of untouchability an offence. The Protection of Civil Liberties Act, 1955, was enforced to prescribe for providing punishment for the practice of untouchability and any disability arising out of such practice. Section 3 of the Act punishes the act of preventing any person on the ground of untouchability from entering any place of worship or worshiping with a punishment of imprisonment with a term of not less than one month which might extend upto six months and also a fine which would be not less than one hundred rupees but may extend upto five hundred rupees. Section 4 of the Act prescribes the punishment for causing disability in the matters of entering public hotels, restaurants, dharamshalas, shops and social places, using jewellery or following social customs. Sections 5 lays the punishment for preventing any person on the ground of untouchability from entering hospital, dispensary, hostel or any educational institution. Section 6 lays down the punishment for refusing to sell any item or rendering any services to any person on the ground of untouchability. Section 7 prescribes punishment for any other offences arising out of untouchability including molesting or insulting any person with a similar punishment. Section 7A similarly;arly punishes a person for forcing another to do human scavenging based on the ground of caste. Section 10 provides that an abetment of any offence under the Act shall be punished with the same punishment as the offence itself.
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