Section 4:
Punishment for enforcing social disabilities.
Whoever on the ground of "untouchability"
enforces against any person any disability with regard to—
(i) access to any shop, public restaurant, hotel or place of public entertainment; or
(ii) the use of any utensils, and other articles kept in any public restaurant, hotel, dharamshala,
sarai or musafirkhana for the use of the general public or of 1
[any section thereof]; or
(iii) the practice of any profession or the carrying on of any occupation, trade or
business 2
[or employment in any job]; or
(iv) 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, any sanitary convenience, any road, or passage, or any other place of public resort which other members of the public, or 3
[any section
thereof], have a right to use or have access to; or
(v) 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 or 3
[any section thereof]; or
(vi) the enjoyment of any benefit under a charitable trust created for the benefit of the general
public or of 3
[any section thereof]; or
(vii) the use of, or access to, any public conveyance; or
(viii) the construction, acquisition, or occupation of any residential premises in any locality,
whatsoever; or
(ix) the use of any dharamshala, sarai or musafirkhana which is open to the general public, or
to 3
[any section thereof]; or
(x) the observance of any social or religious custom, usage or ceremony or 4
[taking part in, or
taking out, any religious, social or cultural procession]; or
(xi) the use of jewellery and finery,5
[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].
6
[Explanation.—For the purposes of this section, "enforcement of any disability" includes any
discrimination on the ground of "untouchability".]
Notes:
1. Subs. by s. 6, ibid., for certain words (w.e.f. 19-11-1976).
2. Ins. by s. 6, ibid. (w.e.f. 19-11-1976).
3. Subs. by Act 106 of 1976, s. 6, for certain words (w.e.f. 19-11-1976).
4. Subs. by s. 6, ibid., for "taking part in any religious procession" (w.e.f. 19-11-1976).
5. Subs. by s. 6, ibid., for certain words (w.e.f. 19-11-1976).
6. Ins. by s. 6, ibid. (w.e.f. 19-11-1976).