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MADRAS REMOVAL OF CIVIL DISABILITIES ACT, 1938 (21 OF 1938)
MADRAS REMOVAL OF CIVIL DISABILITIES ACT, 1938
21 OF 1938
An Act to provide for the Removal of Civil Disabilities among certain classes of Hindus WHEREAS it is increasingly felt by the Hindu community that the disabilities, which are imposed by social custom and usage on certain classes of Hindus commonly known as Harijans, Untouchables or Depressed Classes, and which have been in certain matters even legally recognized in the adjudication of rights and duties in civil and criminal proceedings, are repugnant to modern conditions and ideas of justice and social solidarity, and should no longer be recognized by law or otherwise enforced; It is hereby enacted as follows:-
SECTION 1: Short title and extent
(1) This Act may be called the 3 (1) 1. Inserted by the Second Schedule to, the Madras Repealing and Amending Act, 1951 (Madras Act XIV of 1951).[Madras] Removal of Civil Disabilities Act, 1938. (2) It extends to the whole of the 3 (2) 2. Substituted for the word "Province" by the Adaptation Order of 1950.[State] of Madras.
SECTION 2: Social disabilities not to be recognised by law
Notwithstanding any law, custom, usage or prescription to the contrary, no Hindu shall, by reason merely of his belonging to any particular community or class known as Harijans, Untouchables, 3 (1) 1. These words were substituted for the words "Depressed Class" by section 2 (i) of the Madras Removal of Civil Disabilities (Amendment) Act, 1947 (Madras Act XI of 1947).[Depressed Classes] or the like, be prevented or disabled from being appointed to any public office or 3 (2) 2. Substituted for the words "enjoying or having access to" by ibid.[having access to or using] any public stream, river, well, tank, pathway, sanitary convenience, or means of transport or any secular institution which the general public belonging to all other classes and communities of Hindus have 3 (3) 3. Substituted for the words "a right to enjoy or have access to" by ibid.[a right of access to or a right to use] or which is dedicated or maintained or licensed for the use of the general public or which is maintained or paid for out of the funds of the State or a local authority; and no Civil, Criminal or Revenue Court in adjudicating any matter or executing any order and no public or local authority in 3 (4) 4. Substituted for the words "carrying on the affairs" by ibid.[conducting the affairs] entrusted to such authority shall recognise any custom, usage or 3 (5) 5. Substituted for the word "prescription" by section 2 (v) of the Madras Removal of Civil Disabilities (Amendment) Act, 1947 (Madras Act XI of 1947).[prescriptive right] under which it is sought to impose any civil disability on any person by reason of his belonging to any of the classes or communities aforesaid, or by reason of any 3 (6) 6. Substituted for the words "acts or omissions" by Amendment Act, 1947.[act or omission] on the part of such person which would not furnish grounds for such disability if he did not belong to such class or community.
SECTION 3: Discrimination against Harijans, etc., prohibited
3 (1) 1. Added by ibid.[No person owing, or being in charge of, any secular institution referred to in section 2, shall- (i) impose or cause or suffer to be imposed any restriction of any person belonging to any community or class referred to in section 2, or (ii) da or omit to do anything, or cause or suffer anything to be done or omitted to be done, so as to result in discrimination against any person belonging to any such class or community, merely on the ground that he belongs to such community or class.
SECTION 4: Secular institution explained
For the purposes of this Act, the expression 'secular institution includes among others- (i) any refreshment room, restaurant, cafe, coffee house, eating house, boarding house, lodging house, hostel, hotel or any other place where persons are provided with food, drink, shelter or sleeping or other accommodation; (ii) any place of public entertainment or amusement; (iii) any premises where goods are sold, any laundry, any shaving or hair dressing saloon or any other place where services are rendered to customers; (iv) any place used for the burial, cremation or disposal otherwise, of the dead.
SECTION 5: Refusal of sale of articles to Harijans, etc., prohibited
No dealer shall refuse to sell, or withhold from sale any article which is kept by him for sale, to any person belonging to any community on the ground that he belongs to such community.
SECTION 6: Penalties
Whoever- (i) prevents a person belonging to any community or class referred to in section 2 from exercising any civil right or privilege to which he is entitled under this Act, or (ii) molests or obstructs any such person in the exercise of any such right or privilege, or (iii) contravenes the provisions of section 3 and 5, shall be punishable, in the case of a first offence, with fine which may extend to fifty rupees, and in the case of a second or subsequent offence, with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.
SECTION 7: Offences under Act to be cognizable
All offences punishable under this Act shall be cognizable].
