 bill no 68 of  2011 the  protection of civil rights (amendment) bill, 2011 byshri  mohan jena, mp a billfurther to amend the protection of civil rights act, 1955be it enacted by parliament in the sixty-second year of the republic of india as follows:—short title1 this act may be called the protection of civil rights (amendment) act, 201122 of 1955amendment of section 32 in section 3 of the protection of civil rights act, 1955 (hereinafter referred to as the principal act),—5(i) for the words "one month and not more than six months and also with fine which shall not be less than hundred rupees and not more than five hundred rupees", the words "one year and also with fine which shall be not less than fifty thousand rupees" shall be substituted; and10(ii) in explanation, after the words "arya samaj", the words "members ofscheduled castes and who follow international society for krishna consciousness (iskcon) faith" shall be inserted3 after section 3 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 3a and 3b duty of the district magistrate5"3a it shall be the duty of the district magistrate or collector or his subordinateofficer, by whatever name called, to ensure that no member of the scheduled caste is discriminated against or prevented from entering any place of public worship for any reason, within the jurisdiction of such district magistrate or collectorpunishment3b if the district magistrate or collector fails to perform their functions assignedunder section 3a, he shall be subject to such disciplinary action as the appropriate government may think necessary"amendment of section 4104 in section 4 of the principal act, for the words "one month and not more than sixmonths and also with fine which shall not be less than one hundred rupees and not more than five hundred rupees", the words "one year and also with fine which shall not be less than fifty thousand rupees" shall be substitutedamendment of section 6155 in section 6 of the principal act, for the words "one month and not more than sixmonths and also with the fine which shall not be less than one hundred rupees and not more than five hundred rupees", the words "six months and not more than one year and also with fine which shall not be less than twenty thousand rupees" shall be substituted6 in section 7 of the principal act,—amendment of section 720(i) in sub-section (1), for the words "one month and not more than six monthsand also with the fine which shall not be less than one hundred rupees and not more than five hundred rupees", the words "six months and also with fine which shall not be less than fifty thousand rupees" shall be substituted; and(ii) in sub-section (2), for the words "one month and not more than six monthsand also with the fine which shall not be less than one hundred rupees and not more than five hundred rupees", the words "six months and also with fine which shall not be less than fifty thousand rupees" shall be substituted25amendment of section 7a7 in section 7a of the principal act, in sub-section (1), after the words, "to do anyother job of a similar nature", the words "including beating of drums, blowing of conch during religious congregation or festivals or any other work of menial nature" shall be inserted8 in section 11 of the principal act,—30amendment of section 11(i) in clause (a), for the words "six months and not more than one year, and alsowith fine which shall not be less than two hundred rupees and not more than five hundred rupees", the words "two years, and also with fine which shall not be less than fifty thousand rupees and not more than one lakh rupees" shall be substituted;35(ii) in clause (b), for the words "one year and not more than two years and alsowith fine which shall not be less than five hundred rupees and not more than one thousand rupees", the words "two years and not more than three years and also with fine which shall not be less than one lakh rupees" shall be substitutedamendment of section 15a9 in section 15a of the principal act, in sub-section (2), for sub-clause (v), the followingsub-clause shall be substituted, namely:—40"(v) provision for a survey after every six months, of the working of the provisions of this act, alongwith a copy of the survey report to the central government with a view to monitoring the cases relating to practice of untouchability and measures for the better implementation of the provisions of this act;" statement of objects and reasonsour constitution establishes a secular state in which religious liberty is guaranteedarticles 25 and 26 guarantee religious freedom to all persons residing in the country in pursuance of articles 17, 25 and 26, the union government enacted the protection of civil rights act, 1955the protection of civil rights act, 1955 was enacted with a view to securing the civil rights to the dalit citizens particularly the scheduled castes under the provisions of the constitutionin spite of enactment of the act and several court orders, the members of the scheduled castes are still prevented from entering into the place of worship and temples by the caste hindus dalits are at the receiving end in issues like entry to temples and right to participate in religious festivals they face stiff opposition and attacks from caste hindus due to untouchability on caste ground temples continue to be spaces for deprivation, oppression and resistance and remain a major source of caste clashesrecently, there have been cases when the person holding constitutional posts were not allowed to enter in the precinct of temples when they divulged the facts of their caste affiliation before attempting to enter the temples situated in the state of odishait is, therefore, necessary to suggest harsh measures against a person who prevents any member of the scheduled caste from entering into temples or place of worship on the basis of his caste affiliation it is also necessary to fix the responsibility of the district administration to protect the civil rights of the persons belonging to the scheduled castes under the provisions of the protection of civil rights act, 1955the bill seeks to amend the protection of civil rights act, 1955 with a view to:— (i) enhance the quantum of punishment for offences of preventing entry of the persons belonging to the scheduled castes into temples;(ii) fix the responsibility of the district administration to protect the civil rights of the persons belonging to the scheduled castes;(iii) prevent any person from compelling a member of the scheduled caste for doing any menial work;(iv) bring members of scheduled castes and followers of international society for krishna consciousness (iskcon) faith and believe in hinduism, within the ambit of the act; and(v) provide the provision of six monthly periodic survey and reporting to central governmenthence this billaugust 2, 2011 annexure extracts from the protection of civil rights act, 1955|     |     |     |     |     |     |    ||------|------|------|------|------|------|-----|3 whoever on the ground of "untouchability" prevents any person—| (   | a   | )     |     |     |     |    ||-----|-----|--------|------|------|------|-----|punishment for  enforcing religious disabilities| (   | b   | )     |     |     |     |    ||-----|-----|--------|------|------|------|-----|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 not be less than one hundred rupees and not more than five hundred rupeesexplanation—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, lingayats, adivassis, followers of brahmo, prarthana, arya samaj and the swaminarayan sampraday shall be deemed to be hindus4 whoever on the gound of  ''untouchability'' enforces against any person any disability with regard to—(i)     punishment for enforcing social disabilities(ii)     (iii)     (iv)     (v)     (vi)     (vii)     (viii)      (ix)     (x)     (xi)     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|     |     |     |     |    ||------|------|------|------|-----|punishment for refusing to sell goods or render services6 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 course 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 rupees7 (1) whoever—| (                   | a   | )     |     |     |     |     |    ||---------------------|-----|--------|------|------|------|------|-----|| punishment for      |     |        |      |      |      |      |     || other offences      |     |        |      |      |      |      |     || arising out of      |     |        |      |      |      |      |     || ''untouchability'' |     |        |      |      |      |      |     || (                   | b   | )     |     |     |     |     |    || (                   | c   | )     |     |     |     |     |    |(d)      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(2) whoever—(i)      (ii)      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 rupees7a (1) whoever compels any person, on the ground of ''untouchability'', to do any scavenging or sweeping or to remove any carcass 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 ''untouchability''unlawfulcompulsorylabour whento be deemedto be apractice of''untouchability''                                                                                                                                                                                                                            11 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—enhancedpenalty onsubsequentconviction       (a) for the second offence, with imprisonment for a term of not less thansix months and not more than one year, and also with fine which shall be not less thantwo hundred rupees and not more than five hundred rupees;       (b) for the third offence or any offence subsequent to the third offence withimprisonment a term of not less than one year and not more than two years, and alsowith fine which shall be not less than five hundred rupees and not more than onethousand rupees                                                                                                                                                                                                                            15a (1)                                                                                                                                                                                                                       (2)                                                                                                                                                                                                                                                                                                                                                                     (i)                                                                                                                                                                                                                                                                                                        (ii)                                                                                                                                                                                                                                                                                                              (iii)                                                                                                                                                                                                                                                                                                                    (iv)                                                                                                                                                                                                                                                                                                              duty of stategovernment toensure that therightsaccruing fromthe abolitionof''untouchability''may beavailed of bythe concernedperson(v)  provision for a periodic survey of the working of the provisions of this actwith a view to suggesting measures for the better implementation of the provisionsof this act;|     |     |     |     |    ||------|------|------|------|-----| lok  sabha———— a billfurther to amend the protection of civil rights act, 1955————(shri mohan jena, mp)gmgipmrnd—1264ls(s3)—25-08-2011