GS2 – Polity
Context
While reported cases of untouchability under the Protection of Civil Rights (PCR) Act, 1955 have declined, the pendency rate remains over 97%, as revealed by the 2022 Annual Report of the Ministry of Social Justice & Empowerment.
Key Findings (PCR Annual Report 2022):
- Declining Case Registration:
As per NCRB data, only 13 cases were registered under the PCR Act in 2022, down from 24 in 2021 and 25 in 2020. - High Judicial Pendency:
1,242 cases were pending in courts under the Act by the end of 2022. - Low Conviction Rate:
Of 31 cases disposed in 2022, only 1 resulted in conviction; 30 ended in acquittals, exposing a serious gap in effective enforcement.
Understanding Untouchability:
- A deep-rooted caste-based practice, denying Scheduled Castes access to public spaces, services, and social inclusion.
- Article 17 of the Constitution abolishes untouchability and penalises its practice.
- Article 15(2) ensures equal access to public spaces regardless of caste.
- Article 46 mandates the State to promote educational and economic upliftment of Scheduled Castes.
About the Protection of Civil Rights Act, 1955:
- Enacted to implement Article 17, criminalising untouchability and caste-based disabilities.
- States and UTs are mandated to:
- Submit annual reports on enforcement,
- Appoint vigilance officers,
- Identify areas prone to untouchability,
- Run awareness campaigns.
Comparison with the SC/ST (Prevention of Atrocities) Act, 1989:
| Criteria | PCR Act, 1955 | SC/ST (PoA) Act, 1989 |
| Scope | Focuses narrowly on untouchability | Covers wider atrocities: violence, boycotts, abuse |
| Judicial Mechanisms | Lacks special courts | Has special courts, time-bound trials |
| Victim Protection | No provision for compensation/rehabilitation | Includes compensation, witness protection, rehabilitation |
| Implementation Strength | Weak (13 cases in 2022) | Stronger (62,501 cases in 2022) |
Limitations of the PCR Act:
- Low Awareness & Enforcement Gaps:
Declining registration indicates weak policing and public knowledge. - Poor Judicial Outcomes:
High acquittal rate reflects ineffective investigation and prosecution. - No Victim-Centric Support:
Absence of compensation, rehabilitation, or witness protection. - State Non-compliance:
Many states failed to submit reports, appoint officers, or identify vulnerable areas.