Protection of Civil Rights Act, 1955

Definitions and Key Terms

 Civil Rights: Defined in Section 2 as any rights accruing to a person by reason of the
abolition of untouchability by Article 17 of the Indian Constitution.
 Scheduled Castes: Defined in Clause 24 of Article 366 of the Indian Constitution.

Punishments for Enforcing Disabilities

1. Religious Disabilities:
o Preventing entry, worship, bathing, or use of water sources in the same
manner as allowed to other people.
o Punishment: Imprisonment for a term of 1 to 6 months, and a fine of Rs. 100
to Rs. 500.
o Explanation: Lingayats, Buddhists, Sikhs, Jains, etc., are considered Hindus.
2. Social Disabilities:
o Preventing access to public places, carrying out professions, use of rivers,
burial grounds, etc.
o Punishment: Imprisonment for a term of 1 to 6 months, and a fine of Rs. 100
to Rs. 500.
3. Hospital Admission:
o Refusing admission or discriminating after admission.
o Punishment: Same as for social disabilities.
4. Refusal to Sell Goods:
o Refusing to sell goods to any person on the same terms as others.
o Punishment: Same as for social disabilities.

Punishment for Preventing Rights under Article 17

 Acts of Molestation, Annoyance, Encouragement, or Insult:

o Molests or annoys.
o Encourages untouchability by words, writing, or gestures.
o Insults a Scheduled Caste.
 Boycott:
o Refusal to permit occupation of a house or land for hire or receiving any
service.
o Abstaining from social relations.
o Justification of untouchability on historical, philosophical, or religious
grounds, or tradition.
o Excommunicating a person for not practicing untouchability or denying rights
given to others in the community.

Unlawful Compulsory Labour

 Engaging in compulsory labour like scavenging, removing carcasses, etc.

 Liable for punishment.
Additional Provisions

 Refusal to Sell Goods/Render Services:

o Courts can cancel licenses.
 Public Institutions:
o Government can suspend or resume grants for managers or trustees of public
worship or educational institutions.
 Public Servants:
o Wilful neglect of investigation is considered abetment.
 Collective Fine:
o State government can impose a collective fine on inhabitants abetting or
concerned with an offence.
o Aggrieved persons can file a petition against such collective fines.

Enhanced Punishments

 Repeated Offenders:
o Convicted twice: Imprisonment for 6 months to 1 year and a fine of Rs. 200 to
Rs. 500.
o Third offence: Imprisonment for 1 to 2 years and a fine of Rs. 500 to Rs. 1000.

Presumptions and Liabilities

 Presumption of Untouchability:
o Courts presume that acts against Scheduled Castes are done on the grounds of
untouchability.
 Corporate Liability:
o Responsible officers of a company are liable unless they prove the offence was
without their knowledge or they exercised due diligence.

Legal Protections

 No action against the Central or State government if acts are done in good faith.

State Government Responsibilities

 Ensure adequate legal aid and facilities for the protection of civil rights.

The Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989
Definitions and Key Terms

 Scheduled Castes (SC) and Scheduled Tribes (ST):

o Meanings assigned under Clauses 24 and 25 of Article 366 of the Constitution.
 Victim:
 o A person who has suffered physical, mental, psychological, monetary, or
emotional harm, or harm to property. Includes relatives, legal guardians, and
legal heirs.

Economic Boycott

 Refusal to Deal:
o Refusal to deal with, work for hire, or do business with another person.
 Terms of Business:
o Refusal to do anything on terms commonly done in the ordinary course of
business.
 Abstain from Relations:
o Abstaining from professional or business relations.

Social Boycott

 Customary Services:
o Refusal to permit a person to render or receive customary services.
 Social Relations:
o Abstaining from social relations.

Offences Against SC/ST by Non-SC/ST Individuals

1. Obnoxious Substances:
o Putting inedible or obnoxious substances in the mouth of an SC/ST person.
2. Dumping Excreta:
o Dumping excreta, sewage, or carcasses in premises or entrances of SC/ST
persons.
3. Intent to Injure, Insult, or Annoy:
o Acts done with the intent to injure, insult, or annoy SC/ST individuals.
4. Garlanding with Footwear:
o Garlanding with footwear or parading naked/semi-naked.
5. Derogatory Acts:
o Removing clothes, shaving moustache, painting face or body, or anything
derogatory to human dignity.
6. Interference with Rights:
o Interfering with enjoyment of rights, including forest rights or water/irrigation
facilities.
7. Dispossession from Land:
o Dispossessing a member of SC/ST from their land.
8. Wrongful Cultivation:
o Wrongfully cultivating land, including fabricating records.
9. Devadasi:
o Making an SC/ST person a devadasi.
10. Voting Rights:
o Forcing someone to vote or not to vote.
11. Post-Poll Injuries:
o Injuring a person after they have voted.
12. Nomination Rights:
 o Forcing someone not to file a nomination.

Punishments

 General Punishment:
o Imprisonment ranging from 6 months to 5 years and a fine.

The Prohibition of Employment as Manual Scavengers

and Their Rehabilitation Act, 2013
Definitions

 Hazardous Cleaning:
o Manual cleaning of sewers or septic tanks without protective gear and
cleaning devices.
 Insanitary Latrine:
o Latrine that requires human waste to be cleaned or handled manually before
the excreta is fully decomposed, whether in situ, in an open drain, or in a pit.
o Exception for railways: Water flush latrine cleaning with devices and
protective gear is not liable.
 Manual Scavenger:
o A person employed for manually cleaning, carrying, disposing of, or handling
excreta from insanitary latrines before it fully decomposes.
o Includes those employed on a regular or contract basis.
o If a person cleans with devices and protective gear, they are not liable.

Provisions for Latrines

 Conversion or Demolition:
o Occupier of an insanitary latrine must convert or demolish it within 6 months
of the commencement of the Act.
o Local authority can extend this period by up to 3 months.
o Construction of sanitary community latrines within 9 months.
 Municipalities, Cantonment Boards, and Railway Authorities:
o Must provide adequate numbers of sanitary community latrines within 3 years
of the Act's commencement.

Committees and Monitoring

 Vigilance Committee (State Level):

o Oversee economic situation and social rehabilitation of manual scavengers.
o Advise District Magistrate (DM) on actions to be taken.
 State Monitoring Committee:
o Monitor and advise state government and local authorities for effective
implementation.
o Coordinate functions of concerned agencies.
o Address matters concerning the implementation of the Act.
 Central Monitoring Committee:
 o Similar functions as the state monitoring committee but at the central level.
 National Commission for Safai Karamcharis (Section 31):
o Monitor the implementation of the Act.
o Enquire into complaints regarding contraventions of the Act.
o Advise central and state governments for effective implementation.
o Take suo motu notice of matters related to non-implementation.
 State Commission for Safai Karamcharis:
o Designated by the state government to monitor and ensure effective
implementation at the state level.

Good Faith Clause

 No suit against state and central government if acts are done in good faith.

Penal Provisions

 First Contravention (Insanitary Latrines and Manual Scavenging):

o Imprisonment up to 1 year or a fine up to Rs. 50,000, or both.
o Double the period of imprisonment and fine for subsequent offences.
 First Contravention (Hazardous Cleaning):
o Imprisonment up to 2 years or a fine up to Rs. 2 lakh, or both.
o Imprisonment up to 5 years and a fine up to Rs. 5 lakh for subsequent
offences.
 Cognizability and Bail:
o Offences under the Act are cognizable and non-bailable (Clause 22).

Trial of Offences

 Judicial Powers to Executive Magistrate:

o State Government may confer powers of a Judicial Magistrate on an Executive
Magistrate for conducting trials under the Act.
o Offences may be tried summarily (Clause 21).

Identification and Rehabilitation

 Chapter IV:
o Detailed provisions for identifying manual scavengers in urban and rural
areas.

Implementation Mechanism

 Clauses 18 and 19:

o Appropriate Government shall confer powers on local authorities and District
Magistrates to enforce the Act.
o Ensure:
 No construction or maintenance of insanitary latrines.
 No person is employed as a manual scavenger.
 Violators are investigated and prosecuted.
 Manual scavengers are rehabilitated.
Vigilance Mechanism

 Clause 24:
o Vigilance Committee for each district and Sub-Division to advise the DM or
SDM, oversee rehabilitation, monitor offences, and their investigation and
prosecution.
 Clauses 26, 27, 29, and 30:
o Constitution of State and Central Monitoring Committees with their
composition and functions.
 Clause 31:
o Assigns the National Commission for Safai Karamcharis the duty of
monitoring the Act's implementation, with necessary powers for the purpose.
 Clause 32:
o Empowers State Governments to designate appropriate authorities (like the
State Commission for Safai Karamcharis or the State Commission for
Scheduled Castes) to monitor the Act's implementation and handle complaints.

Technological Promotion

 Clause 33:
o Duty of local authorities to use, and appropriate governments to promote,
technological appliances in cleaning sewers and septic tanks to eliminate the
need for manual handling of excreta.

Right of Persons with Disabilities Act, 2016

Overview

 Enacts the UN Convention on the Rights of Persons with Disabilities.

Definitions

 Barrier: Any factor (communicational, cultural, economic, environmental,

institutional, political, social, attitudinal, or structural) hindering full participation.
 Discrimination: Any distinction impairing exercise of rights and denial of reasonable
accommodation.

Rights and Protections

 Equality: Government must ensure equality for persons with disabilities.

 Community Living:
o Right to live in the community.
o No obligation to live in a particular arrangement.
o Access to personal assistance.
 Informed Consent: No research on persons with disabilities without consent.
 Legal Aid: Right to free legal aid for aggrieved persons.
 Information Access: Access to information on reproductive and family planning.
 Medical Procedures: No procedures leading to infertility without consent.
  Family Rights: Children should not be separated from parents due to disability unless
by court order.
 Polling Stations: Must be accessible, ensured by Election Commission (EC) and
State Election Commission (SEC).
 NALSA and SLSA: Ensure reasonable accommodation for access to schemes and
facilities.
 Property Rights: Equal rights to own/inherit property, control finances, and access
loans.

Support and Guardianship

 Conflict in Support: Supporter must abstain from the transaction in case of conflict.
 Modifying Support: Disabled individuals can modify or seek new support.
 Limited Guardianship:
o For those unable to make legally binding decisions.
o Based on mutual trust, for specific periods or decisions.

Education

 Educational Duties:
o Admission, education, sports, and recreation opportunities.
o Accessible campuses and buildings.
o Suitable communication modes for the deaf/blind.
o Detect learning disabilities and take appropriate measures.
o Provide transportation and attendant facilities.
 Government Measures:
o Survey school children every 5 years.
o Establish and employ trained teachers.
o Scholarships for benchmark disabilities.
o Exam modifications like extra time or scribes.
o Promote research in disability education.
o Ensure participation in adult and continuing education.

Employment

 Vocational Training and Self-employment:

o Schemes for vocational training, loans at concessional rates.
o Special training for autism, marketing products made by disabled.
 Non-discrimination in Employment:
o No denial of promotion.
o Reasonable accommodation and barrier-free environment.
o Reassignment of posts if unsuited after acquiring disability.
o Supernumerary posts until suitable position is available.
o Policies for transfer and posting.
o Equal opportunity policy in every establishment.
o Government grievance redressal mechanism.
o Social rights schemes and higher assistance levels.
 o Schemes for living conditions, disaster support, safe drinking water, aids,
medicines, disability pension, unemployment allowance, caregiver allowance,
and insurance.

Healthcare

 Government and Local Authorities:

o Free healthcare in rural areas.
o Priority treatment.
o Disability prevention methods.
o Annual child screening.
o Sexual and reproductive healthcare for women.
o Support during natural disasters.
o Awareness campaigns.
 Insurance Schemes: For employees with disabilities.

Cultural and Recreational Rights

 Promotion and Protection:

o Accessible art and culture.
o Disability history museum.
o Sponsorship for disabled artists and writers.
o Redesigned cultural and arts courses.
o Inclusive recreation technology.
o Accessible television programs for the hearing impaired.
 Sports:
o Restructure courses and infrastructure.
o Develop technology for sports potential.
o Allocate funds for infrastructure.
o Disability-specific events.

Education for Benchmark Disabilities

 Free Education:
o Age 6-18, in neighborhood or special schools of choice.
o Government and local authorities ensure this.
 Reservation:
o At least 5% seats in higher education institutions for benchmark disabilities.
o Government to identify posts for persons with benchmark disabilities.
o 4% reservation in government establishments:
 1% each for blindness/low vision, deaf/hard of hearing, locomotor
disability, cerebral palsy, leprosy, acid attack victims, muscular
dystrophy.
 1% for autism, learning and intellectual disabilities, multiple
disabilities.
 Incentives for Private Sector: At least 5% workforce from benchmark disabilities.
 Special Schemes:
o 5% priority in agricultural land allocation.
o 5% in poverty alleviation programs.
 o 5% in land allotment at concessional rates.

Accessibility

 Transport and Infrastructure:

o Accessible facilities at bus stops, roads.
o Affordable personal mobility vehicles.
 Information and Communication:
o General use goods for persons with disabilities.
 Infrastructure:
o Accessible within 5 years.

Human Resources and Training

 Training on Disability Rights:

o Mandatory in all schools, universities, colleges, and social worker offices.
 Advisory Boards:
o State and central advisory boards on disability.

Authorities and Commissions

 Chief Commissioner for Persons with Disabilities:

o Address inconsistencies with the Act.
o Inquire into rights deprivations.
o Review and recommend measures.
o Promote awareness and monitor implementation.
o Can summon witnesses, request public records, take evidence, issue
commissions.
o Submit annual reports.
 State Commissioner:
o Same duties at the state level.
o Recommendations must be acted upon within 3 months.

Legal Provisions

 Special Courts: State government to establish with High Court concurrence.

 National and State Funds: For persons with disabilities.

Penal Provisions

 Contraventions:
o First: Fine up to Rs. 10,000.
o Subsequent: Rs. 50,000 - 5 lakh.
 Fraudulent Claims:
o Imprisonment up to 2 years, fine up to Rs. 1 lakh, or both.
 Atrocities:
o Imprisonment 6 months - 5 years, with fine.
UN Convention on the Rights of Persons with Disabilities
General Information

 Adoption: 2006 at the United Nations headquarters in New York.

 Entry into Force: 2008.
 Ratifications: 177 countries.
 Committee on the Rights of Persons with Disabilities: Monitors the implementation
of the convention by parties.

Reporting Obligations

 First Report: Within two years of signing.

 Subsequent Reports: Every four years.

Optional Protocol

 Individual Complaints: Individuals can bring complaints to the UN Disability

Committee after exhausting national remedies.

Legislative Implementation

 Rights of Persons with Disabilities Act, 2016: Enacted by the Indian Parliament to
fulfill UNCRPD obligations.
 Sugamya Bharat Abhiyan (Accessible India Campaign): Launched to make
government buildings accessible.

Historical Context

 International Year of Disabled Persons: 1981.

 World Programme of Action Concerning Disabled Persons: Outcome of the
International Year.
 Decade of Disabled Persons: 1983–1992.

Key Articles and Provisions

 Reasonable Accommodation (Article 2): Necessary and appropriate modifications

ensuring equal rights without imposing undue burden.
 Awareness Raising (Article 8): Commitment to foster respect and counter
discrimination.
 Accessibility (Article 9): Measures for physical, service, and communication
accessibility.
 Equal Recognition before the Law (Article 12): Affirmation of legal capacity and
equal recognition.
 Access to Justice (Article 13): Ensuring effective access to justice.
 Voting Rights (Article 29):
o Right to vote by secret ballot.
o Accessible voting procedures, facilities, and materials.
  Prohibition of Compulsory Sterilization (Article 23): Guarantees the right to adopt
children.
 Inclusive Education (Article 24):
o Right to inclusive education at all levels without discrimination.
o Measures to endorse Braille, alternative communication, peer support, and
qualified teachers.
 Health (Article 25): Right to the highest attainable standard of health without
discrimination.

Committee on the Rights of Persons with Disabilities

 General Comment Number 4 (August 2016): Further guidance on implementing the

Convention's provisions.

Optional Protocol

 Competence of the Committee: Allows the Committee to consider individual

complaints.

These notes provide a comprehensive overview of the UN Convention on the Rights of

Persons with Disabilities, highlighting its key provisions, implementation measures, and
historical context.