When the Court, under Section 12 of the Protection of Civil Rights Act, 1955, shall presume that the offence is committed on the ground of "untouchability" ?
- (a)When it relates to member of Scheduled Castes only
- (b)When it relates to member of Scheduled Tribes only
- (c)When it relates to members of Scheduled Castes and Scheduled Tribes both
- (d)None of the above
Correct — A, when the offence relates to a member of the Scheduled Castes only. Section 12 of the Protection of Civil Rights Act, 1955 says that where an act constituting an offence under the Act is committed in relation to a member of a Scheduled Caste (as defined in Article 366(24) of the Constitution), the court shall presume — unless the contrary is proved — that the act was done on the ground of 'untouchability'. The presumption is tied specifically to the Scheduled Castes because untouchability is a caste-based disability.
- (b)When it relates to member of Scheduled Tribes only — Section 12 names the Scheduled Castes, not the Scheduled Tribes. Untouchability is a caste practice; the statutory presumption is not triggered merely because the victim is a member of a Scheduled Tribe.
- (c)When it relates to members of Scheduled Castes and Scheduled Tribes both — Tempting because SC and ST are usually clubbed (e.g., in the 1989 Atrocities Act), but Section 12 confines the presumption to the Scheduled Castes alone.
- (d)None of the above — A specific category — members of the Scheduled Castes — does trigger the presumption, so 'none' is incorrect.
The Protection of Civil Rights Act, 1955 is the statute that enforces Article 17 (abolition of untouchability). Section 12 is an evidentiary rule: once it is shown that the victim is a member of a Scheduled Caste and that an offence under the Act took place, the court presumes the motive was 'untouchability', shifting the burden to the accused to prove otherwise.
The trap is choosing 'Scheduled Castes and Scheduled Tribes both', because the two groups are so often paired. But untouchability is a caste-linked disability, and Section 12's presumption is written for the Scheduled Castes only. Anchor it: PCR Act (untouchability) = Scheduled Castes; the 1989 Atrocities Act = both SC and ST.
- The PCR Act, 1955 enforces Article 17; it was originally the Untouchability (Offences) Act, 1955, renamed in 1976.
- Section 12: the court presumes an untouchability motive when the offence relates to a member of a Scheduled Caste.
- 'Scheduled Caste' draws its meaning from Article 366(24) of the Constitution.
- The presumption is rebuttable — it stands only 'unless the contrary is proved'.
- Clubbing SC and ST for the untouchability presumption — Section 12 is Scheduled-Caste specific.
- Confusing the PCR Act, 1955 (untouchability) with the 1989 Atrocities Act (atrocities against SC and ST).
MPPSC tests the exact section and the SC-vs-ST distinction; UPSC tests the constitutional locus — that untouchability is abolished by Article 17 under the Right to Equality.
Match List I (Articles of the Constitution of India) with List II (Provision) and select the correct answer using the codes given below the lists: List I — (A) Article 14 (B) Article 15 (C) Article 16 (D) Article 17; List II — 1. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them 2. The State shall not deny to any person equality before the law or the equal protection of laws within the territory of India 3. 'Untouchability' is abolished and its practice in any form is forbidden 4. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State
- (a) 2 4 1 3
- (b) 3 1 4 2
- (c) 2 1 4 3
- (d) 3 4 1 2
Answer(c) 2 1 4 3 — Article 17 matches 'Untouchability is abolished'.
Same root concept — Article 17 abolishes untouchability, the constitutional right the PCR Act, 1955 (and its Section 12 presumption) enforces.
Which Article of the Indian Constitution abolishes untouchability?
- (a) Article 14
- (b) Article 15
- (c) Article 17
- (d) Article 19
Answer(c) Article 17
MPPSC directly tested the constitutional source — Article 17 — of the untouchability offence that Section 12 of the PCR Act operationalises.
- practice — not a real PYQ
The Protection of Civil Rights Act, 1955 gives statutory force to which provision of the Fundamental Rights?
- (a)Article 15
- (b)Article 16
- (c)Article 17
- (d)Article 21
Answer(c) Article 17 — abolition of untouchability.
- practice — not a real PYQ
Under Section 12 of the PCR Act, when an offence under the Act is committed against a member of a Scheduled Caste, the court shall:
- (a)acquit the accused unless motive is separately proved
- (b)presume it was done on the ground of untouchability, unless the contrary is proved
- (c)refer the matter to the National Commission for Scheduled Castes
- (d)presume innocence and require the victim to prove intent
Answer(b) presume the untouchability motive unless the contrary is proved.