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" ?

Question

UnlockIAS · Accepted Answer

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.

Why the other options are wrong — (b) 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) 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) A specific category — members of the Scheduled Castes — does trigger the presumption, so 'none' is incorrect.

Concept: 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.

State PCS 2019 Q76 — Indian Polity PYQ with Answer

State PCS 2019 Q76 — Indian Polity PYQ with Answer