Write on the Provisions of Section 4 of the Protection of Civil Rights Act, 1955.

Introduction: The Protection of Civil Rights Act, 1955 (PCRA, 1955) (originally enacted as the Untouchability (Offences) Act, 1955 and amended in 1976) was legislated pursuant to Article 17 of the Constitution to abolish the practice of untouchability and punish any disability arising therefrom. Section 4 specifically prescribes statutory punishments for enforcing social disabilities against any person on the ground of untouchability.

1. Scope of Social Disabilities Prohibited under Section 4:

Whoever on the ground of "untouchability" enforces against any person any disability with regard to the following activities commits a cognizable offence:

• Access to Public Facilities & Services (Sec 4(i)–(iv)):
  • Access to any shop, public restaurant, hotel, or place of public entertainment.
  • The use of any utensils, and other articles kept in any public restaurant, hotel, eating house, or dhaba.
  • The practice of any profession, occupation, trade, or business, or holding any employment.
• Water Sources & Public Utilities (Sec 4(v)):
  • The use of, or access to, any river, stream, spring, well, tank, cistern, water-tap, or other watering place, or any bathing ghat, burial or cremation ground.
  • The use of, or access to, any sanitary convenience, road, or public path.
• Public Amenities & Charitable Institutions (Sec 4(vi)–(vii)):
  • 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.
  • The enjoyment of any benefit under a charitable trust created for the general public.
• Transport & Residential Accommodations (Sec 4(viii)–(x)):
  • The use of, or access to, any public conveyance (buses, trains, taxis).
  • The construction, acquisition, or occupation of any residential premises in any locality.
  • The observance of any social, religious, or ceremonial custom, or taking part in any religious, social, or cultural procession.
  • The use of jewelry, finery, or riding horses/vehicles during marriage processions.

2. Prescribed Punishments under Section 4:

• Statutory Penalty: Offender shall be punishable with imprisonment for a term of not less than one month and not more than six months, AND with fine of not less than one hundred rupees and not more than five hundred rupees.
• Enhanced Penalty for Subsequent Offences (Section 11):
  • Second Offence: Imprisonment from 6 months to 1 year + fine from ₹200 to ₹500.
  • Third or Subsequent Offence: Imprisonment from 1 year to 2 years + fine from ₹500 to ₹1,000.
• Cognizable and Summary Trial: All offences under the Act are cognizable, non-compoundable, and tried summarily by a Judicial Magistrate First Class.

Conclusion: Section 4 of PCRA 1955 serves as an indispensable legal weapon transforming the constitutional mandate of Article 17 into enforceable social equality, guaranteeing dignity and equal access in public life.