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CASTE DISABILITIES REMOVAL ACT

Ministry of Law and Justice

Act nº 21 of 1850


  • Act nº 21 of 1850

Preamble

THE CASTE DISABILITIES REMOVAL ACT, 1850

[Act, No. 21 of 1850]

[AS ON 1959]

[11th April, 1850]

PREAMBLE

An Act for extending the principle of section 9, Regulation VII, 1832 of the Bengal Code throughout [Substitute by Act 3 of 1951, Section 3.and Schedule, for '' the territories subject to the Government of the East India Company'.] [ India ].

WHEREAS it is enacted by section 9, Regulation VII, 1832, of the Bengal Code, [ Rep.by the Bengal Civil Courts Act, 1871 (6 of 1871), which was rep.by the Bengal, North-Western Provinces and Assam Civil Courts Act, 1887 (12 of 1887)] that ''whenever in any civil suit the parties to such suit may be of different persuasions, when one party shall be of the Hindu and the other of the Muhammadan persuasion, or where one or more of the parties to the suit shall not be either of the Muhammadan or Hindu persuasions the laws of those religions shall not be permitted to operate to deprive such party or parties of any property to which, but for the operation of such laws, they would have been entitled '' ; and whereas it will be beneficial to extend the principle of that enactment throughout India ; It is enacted as follows :--

Section 1. Law or usage which inflicts forfeiture of, or affects, rights on change of religion or loss of caste to cease to be enforced

So much of any law or usage now in force within [ Substituted by Act 3 of 1951, Section 3 and Schedule for ''the territories subject to the Government of the East India Company'.][India ] as inflicts on any person forfeiture of rights or property, or may be held in any way to impair or affect any right of inheritance, by reason of his or her renouncing, or having been excluded from the communion of, any religion, or being deprived of caste, shall cease to be enforced as law [Substitue by Section 3 and Schedule, Substitue by Section 3, for ''in the Courts of the East India Company, and in the Courts established by Royal Charter within the said territories ''.][ in any court ].

[ Added by Section 3 and Schedule, Substitue by Section 3,]

Section 2. Short title and extent

(1) This Act may be called the Caste Disabilities Removal Act, 1850.

(2) It extends to the whole of India except the State of Jammu and Kashmir.