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NATIONAL

BHOPAL

LAW

INSTITUTE

UNIVERSITY,

HUMAN RIGHTS
Project on
Human rights violation involving SC/ST in the light of
Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, 1989

TRIMESTER-VII

SUBMITTED TO
submitted by
Deepak Kaneriya
2012BALLAB 76

Prof. Uday Pratap Singh


1

Professor in Human Rights

INDEX
1. Introduction05
2. Measure to ensure non-discrimination06
3. SC/ST prevention of atrocities act, 1989.08
4. International standard applicable to India.11
5. Conclusion...16
6. Bibliography.17

INDEX OF AUTHORITIES

Cases

Abdul Rashid Khan (Dead) & Ors. V. P.A.K.A. Shahul Hamid & Ors., (2000) 10 SCC 636).....11
Dr. Ram Krishna Balothia v. Union of India, AIR 1994 MP 143................................................7, 8
Gajraj Singh Tomar V. State & Ors, Crl.M.C.No.4024/2008........................................................10
M.C. Prasannan v. State , MANU/WB/0072/1999.........................................................................8
Masumsha Hasanasha Musalman V. State Of Maharashtra, AIR 2000 SC 1876........................10
state of karnatka v.ingle (1992) 3 S.C.R. 284..................................................................................9
West Bengal State Electricity Board V. Dilip Kumar Ray, AIR 2007 SC 976 ,.............................10
Constitutional Provisions

Article 15 of the Constitution of india.............................................................................................5


Articles

Interview of T.K Chaudhry (DGP) by Human right watch,bombay, feb 5,1998.............................7


Report card 20 Years Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act,
National Coalition for Strengthening SCs & STs (Prevention of Atrocities) Act, april 2010.....8
Sakshi, Dalit Human Rights Monitor-2000, Andhra Pradesh, P. 152............................................10
Books

AMBEDKAR.B.R. & RODURIGUES AND VALERIAN, THE ESSENTIAL WRITINGS OF


B.R.AMBEDKAR, Oxford University presses (New Delhi)......................................................3
GHUMAN PAUL, BRITISH UNTOUCHABLE: A STUDY OF DALIT IDENTITY AND
EDUCATION,P-4, Ashgate Publishing,Ltd.2013.......................................................................3
Jacob. T. G, Reflections on the Caste Question: An Overview of Tamil Nadu, Karnataka &
Keralam, NESA Publication, 2000..............................................................................................6
Narula Smita , Broken People: Caste Violence Against India's "untouchables", Human Rights
Watch, 1999.................................................................................................................................7
3

NARULA

SMITA,

BROKEN

PEOPLE:

CASTE

VIOLENCE

AGAINST

INDIAS

UNTOUCHABLE, P.291,Human Right Watch ,1999.............................................................3


Parliamentary Committee on the Welfare of SCs & STs, 4th Report 2004-05, New Delhi, 2005,
para 1.2........................................................................................................................................8
PILLAI, V. KANNU, CASTE VIOLENCE IN TAMIL NADU: a sociological analysis,p.55,
Centre for Developing Society, 2006...........................................................................................6

conference

South Asian Society of Criminology and Victimology. International Conference, Nati Ron'el,
First International Conference Of The South Asian Society [Of] Criminology And Victimology
(SASCV), 15-17 January 2011, Jaipur, Rajasthan, India: SASCV 2011 : Conference
Proceedings..................................................................................................................................8
Reports

National Commission for SCs, First Report 2004-05, New Delhi, 2006, pp.222-3........................7
NHRC, Reporton Prevention of Atrocities against SCs, New Delhi, 2002, pp.14-15)....................7

INTRODUCTION
India achieved its independence in 1947 but freedom was not for the all section of society rather
its was for the people who were always free I.e. upper caste people not for servile caste.1
WHO ARE UNTOUCHABLE / SCHEDULE CASTE

Indian society is stratified into hierarchy based on the caste and its certainly the world longest
social hierarchy. Caste is a defining feature of Hindusism which laid down a complex ordering of
social group on the basis ritual purity.2 The untouchable of India had witnessed centuries of
exclusion, humiliation, discrimination, and indeed dehumanization from people of upper caste.
In fact they were treated worse than that of African American in the United States because they
were denied the basic human rights in their own country.3
In 1997 a report by national commission for SC/ST underscored what is un-touchability as the
imposition of social disabilities on person by reason of their birth in certain caste. 4 Constitution

1
AMBEDKAR.B.R. & RODURIGUES AND VALERIAN, THE ESSENTIAL WRITINGS OF
B.R.AMBEDKAR, Oxford University presses (New Delhi).
2
NARULA SMITA, BROKEN PEOPLE: CASTE VIOLENCE AGAINST INDIAS
UNTOUCHABLE, P.291,Human Right Watch ,1999
3
GHUMAN PAUL, BRITISH UNTOUCHABLE: A STUDY OF DALIT IDENTITY AND
EDUCATION,P-4, Ashgate Publishing,Ltd.2013
4
Ibid.
5

of India though provides protection5 and safeguards to member of scheduled caste under its
various articles. Theses safeguards are in very nature of protective from discrimination for their
educational, economic, social, political and reservation benefits and for overall development.
MEASURE TO ENSURE NON-DISCRIMINATION
The Indian Constitution6 laid down that no citizen shall be subjected to any disability or
restriction on the grounds of religion, race, caste, sex or place of birth. It ensures that every
citizen should get equal status and opportunity .The problems of social inequality and caste
divide in a country like India with heterogeneous groups and sub-groups needs to be recognised
and resolved by all available democratic measures including special legislations to deal with
particular acts constituting offences against such weaker sections of the society. Scheduled
Castes' and `Scheduled Tribes' are two such identified social groups. Article 46 of the
constitution of India expressly provides that the State shall promote the educational and
economic upliftment of the weaker sections of the society, in particular of SCs & STs with
special care and shall protect them from injustice and all forms of exploitation.
LEGAL RIGHTS

Special social enactments have come into force from time to time for SCs and STs in order to
uphold the constitutional mandate and safeguard the interests of this section of the society.
The major legal enactments at the national level are:

5
Article 15,17 23,24 and 25(2)(b)
6
Article 15
6

(i) Protection of Civil Rights Act, 1955(Formerly known as Untouchability (Offences) Act, 1955.
(ii) Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989.7

SCHEDULED CASTE/SCHEDULED TRIBE (PREVENTION OF


ATR O C I T I E S ) AC T, 1 9 8 9 .
INTRODUCTION:

First we have to look into the incidents which led to the formation of POA.the post independence
era was marked by frequent instance of atrocities spring across the country.for example the
assignation of the young, educated Dalit leader Emmanuel Sekaran in Tamilnadu,8 kilavenmani
massacre of 42 dalit in 1968whic was in some or other way was a caste holucaust. 9 Atrocities
continued to rise with ferocity example such as bihar massacre, killing of Dalit in Madhya
Pradesh in Mandsaur district. At this level all such case led to the demand from state as well
national level to protect the vulnerable section of society. Under continued pressure from Dalit
MPs and political leaders, the magnitude and gravity of the problem was finally recognized by

7
Hereinafter refer as POA.
8

9
PILLAI, V. KANNU, CASTE VIOLENCE IN TAMIL NADU: a sociological analysis,p.55,
Centre for Developing Society, 2006
7

Prime Minister Rajiv Gandhi. In his independence address on 15 august 1987 he announced that
an act would be passed, if necessary to check atrocities.

THE SC/ST (POA) ACT: ITS NECESSITY AND OBJECTIVES

Right to non-discrimination enshrined in article 1510 discrimination against these vulnerable


sections was still rampant. Hence Indian parliament enacted the untouchability offence act, 1955
however the important deficiency of the protection of civil right was that the fact that abuse
against dalit were not limited to name calling or denial of entry into public spaces. However
POA was enacted to bring these other forms of abuse to an end in POA the complaint is given
more weight and there was stringent provision against the police for negligence. 11Which
underwent amendment and renaming in 1976 to become the protection of civil rights act. But
still a more comprehensive and more punitive act was required to protect SCs and STs from
violence committed by other communities. This gave rise to the POA, 1989.which provide
responsibility on state and union territories to specific, preventive and punitive measure to
protect SCs and STs from being victimized and, where atrocities are committed ,to provide
10
Prohibition Of Discrimination On Grounds Of Religion, Race, Caste, Sex Or Place Of Birth(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) No Citizen Shall, On Grounds Only Of Religion, Race, Caste, Sex, Place Of Birth Or Any Of Them, Be Subject
To Any Disability, Liability, Restriction Or Condition With Regard To
(A) Access To Shops, Public Restaurants, Hotels And Palaces Of Public Entertainment; Or
(B) The Use Of Wells, Tanks, Bathing Ghats, Roads And Places Of Public Resort Maintained Wholly Or Partly Out
Of State Funds Or Dedicated To The Use Of The General Public
(3) Nothing In This Article Shall Prevent The State From Making Any Special Provision For Women And Children
(4) Nothing In This Article Or In Clause ( 2 ) Of Article 29 Shall Prevent The State From Making Any Special
Provision For The Advancement Of Any Socially And Educationally Backward Classes Of Citizens Or For The
Scheduled Castes And The Scheduled Tribes.

11
Interview of T.K Chaudhry (DGP) by Human right watch,bombay, feb 5,1998
8

adequate relief and assistance to rehabilitate them. 12 So the basic objective and intention of law
maker is to deliver justice to SC/ST communities through affirmative action13 in order to enable
them to live in society with dignity and self esteem and without fear, violence or suppression
from dominant castes.14

FORMS OF ATROCITIES

A study conducted by the National Commission for and STs in 1990 on Atrocities on Scheduled
Castes and Scheduled Tribes: Causes and Remedies pointed out various casual factor for
atrocities which are as follows

Land dispute
Land alienation
Bonded labor to pay their debt15
Non-payment of minimum wages etc.16

12
National Commission for SCs, First Report 2004-05, New Delhi, 2006, pp.222-3Report can be access at :
http://www.ncsc.nic.in/pages/view/219/218-first-annual-report

13
Dr. Ram Krishna Balothia v. Union of India, AIR 1994 MP 143
14
NHRC, Reporton Prevention of Atrocities against SCs, New Delhi, 2002, pp.14-15)Report can be access at:
http://nhrc.nic.in/Documents/Publications/reportKBSaxena.pdf

15
Narula Smita , Broken People: Caste Violence Against India's "untouchables", Human Rights
Watch, 1999
16
9

Scheduled castes have been physically and socially excluded from mainstream society, denied
basic resource and service. The scheduled tribes were equally exploited on grounds of not falling
within the caste system and having a distinct culture and world view of their own17and vulnerable
against sexual exploitation.18
VICTIMIZATION AND PERFORMANCE OF POA.

The basic problem in implementation of POA can be classified in two heads which are as
follows:

Non-Implementation by police authorities


At primary level of state- society interfere19
NON- IMPLEMENTATION: POLICE AUTHORITIES

The main problem in proper implementation of the act lies in the unawareness of the existence of
such act because underreporting is a very regular phenomenon and many a times police resort to
Parliamentary Committee on the Welfare of SCs & STs, 4th Report 2004-05, New Delhi, 2005,
para 1.2.
17
Report card 20 Years Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, National Coalition for
Strengthening
SCs
&
STs
(Prevention
of
Atrocities)
Act,
april
2010.Available
at:
http://www.ncdhr.org.in/latestinterventions/Report%20Card%20Eng.pdf

18
Parliamentary Committee on the Welfare of SCs and STs, 4th Report 2004-05, New Delhi, 2005,
para 1.4.
19
South Asian Society of Criminology and Victimology. International Conference, Nati Ron'el,
First International Conference Of The South Asian Society [Of] Criminology And Victimology
(SASCV), 15-17 January 2011, Jaipur, Rajasthan, India: SASCV 2011 : Conference Proceedings
10

various tactics to discourage SC/ST person from registering their case, 20 to deflect from the
seriousness of violence, and to protect the accused from arrest and prosecution because many a
time accused belongs to upper caste. Ministry of social justice and empowerment and the
ministry of home affairs noted that that in many cases the police willfully neglect the POA and
did not register the FIR. While section 4 of POA21 lay down the punishment for non
implementation of the POA but still the condition at the police level is not good. 22national crime
record bureaus figure reveal that 71% of the atrocities against dalit and tribals reported between
1995 and 2007 were not registered under the act.23Moreover more than 75% cases brought under
the SC/ST act end in acquittal at all levels.24

20
M.C. Prasannan v. State , MANU/WB/0072/1999
21
Section-4 Punishment for neglect of duties: Whoever, being a public servant but not being a
member of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be
performed by him under this Act, shall be punishable with imprisonment for a term which shall
not be less than six months but which may extend to one year Punishment for neglect of duties.
22
Supra .16
23
NCRBs report available at: http://ncrb.nic.in/ciiprevious/Data/CD-CII2007/cii-2007/FIGURES_2007.pdf

24
Observation of justice Ramaswamy in state of karnatka v.ingle (1992) 3 S.C.R. 284
11

INTERNATIONAL STANDARDS APPLICABLE TO INDIA


Various International Human Rights covenants and conventions applicable to India, include:
(a) Universal Declaration of Human Rights 1948,
(b) International Covenant on Civil and Political Rights 1966,
(c) International Covenant on Economic, Social and Cultural Rights 1966,
(d) International Convention on Elimination of all forms of Racial Discrimination 1965,
(e) Convention on Elimination of all forms of Discrimination against Women 1979,
(f) Convention on Rights of the Child 1989,
(g) ILO Convention No. 29 - Forced Labour Convention 1930,
(h) ILO Convention No. 111 - Discrimination (Employment and Occupation)Convention 1958,
(i) ILO Convention No. 107 - Indigenous Peoples Convention 1957.
All the above have been signed and ratified by the India. In addition, the Convention against
torture and other cruel, inhuman or degrading treatment or punishment (1984) has also been
signed but not yet ratified though There is pressure on India to ratify it since mechanisms have
12

been provided against the practice of torture and Courts and National Human Rights
Commission have also issued directions in this matter. These international instruments lay down
norms and standards for treatment of individuals and groups and protection of their rights. As a
result of these conventions, Government of India is required to submit periodical reports to the
concerned international organizations monitoring their enforcement. The concerned Committees
of these organizations make observations or furnish comments on the reports submitted.25
MISUSE OF LEGISLATION:

However POA is still not free from bias, malice 26 where many a time person belongs to SC/ST
community fabricates and vexatious litigation in order to satisfy his personal bias. Being a
special social legislation involving stringent provisions which do not even provide for an
anticipatory bail, it is all the more necessary for this court to ensure that the same are not
misused or abused by persons to peruse their personal agendas. 27In many case court held that
merely because victim belongs SC/ST, same cant be the sole ground for prosecution. 28 However

25
Sakshi, Dalit Human Rights Monitor-2000, Andhra Pradesh, P. 152
26
West Bengal State Electricity Board V. Dilip Kumar Ray, AIR 2007 SC 976 ,where court define
MALICE consists in a conscious violation of thelaw to the prejudice of another and certainly
has different meanings with respect to responsibility for civil wrongsand responsibility for crime.
27
Gajraj Singh Tomar V. State & Ors, Crl.M.C.No.4024/2008
28
Masumsha Hasanasha Musalman V. State Of Maharashtra, AIR 2000 SC 1876
13

where party failed to prove a fact does not amount to falsehood of case. 29Kerala high court was
of the view that in order to convict person under POA it is necessary to prove that offence was
with racial prejudice.30 This legislation has been enacted with a sole object to prevent the
commission of offences and atrocities against the members of Schedule Castes and Scheduled

Cases registered under crime against SCs and STs in India during 2001-2012.31

*source: NCRB
Sl

CRIME

200
1

200
2

200
3

200
4

200
5

200
6

200
7

200
8

200
9

201
0

201
1

201
2

763
131
6
400

739
133
1
319

581
108
9
232

654
115
7
253

669
117
2
258

673
121
7
280

674
134
9
332

622
145
3
477

629
135
0
511

572
135
0
510

673
155
7
616

651
157
6
490

41

29

24

26

26

30

23

50

42

41

36

27

Crimes against SCs


1
2

Murder
Rape

Kidnappi
ng
&
Abductio
n
Dacoity

29
A. Abdul Rashid Khan (Dead) & Ors. V. P.A.K.A. Shahul Hamid & Ors., (2000) 10 SCC 636)
30
Available at : http://timesofindia.indiatimes.com/city/kochi/Kerala-HC-rules-against-misuse-ofSC/ST-atrocities-prevention-act/articleshow/18926671.cms
31
Report can be access at : http://ncrb.gov.in/CD-CII2012/Additional_Tables_CII_2012/Additional%20Tables.htm

14

Robbery

133

105

70

72

80

90

86

81

67

75

54

40

Arson

354

322

204

211

210

226

238

224

195

150

169

214

Hurt

Other
Crimes
Against
SCs
Protectio
n of Civil
Rights
Act
SC/ST
(POA) Act
Total
Crimes
against
SCs

454
7
122
01

449
1
143
83

396
9
114
01

382
4
114
35

384
7
110
77

376
0
118
08

381
4
134
90

413
4
146
45

432
2
150
91

434
4
150
39

424
7
149
58

385
5
141
64

633

101
8

634

364

291

405

206

279

168

143

67

62

131
13
335
01

107
70
335
07

804
8
262
52

889
1
268
87

849
7
261
27

858
1
270
70

981
9
300
31

114
65
334
30

110
37
334
12

104
19
326
43

113
42
337
19

125
76
336
55

10

Crime against Scheduled Castes Incidence of Crime - National (Incidence (IPC+SLL):


33,655)
The year 2012 has witnessed a decrease in crime against Scheduled Castes as 33,719 cases
reported in the year 2011 have decreased to 33,655 cases in the year 2012. This decrease was
Observed in all heads except rape, arson and POA Act. The cases of rape, arson and SC/ST
(Prevention of Atrocities) Act in the year 2012 have increased by 1.2%, 26.6% and 10.9%
respectively over the year 2011. On the other hand murder, kidnapping & abduction, dacoity,
robbery, hurt and Protection of Civil Rights Act have shown a decrease of 3.3%, 20.5%, 25.0%,
25.9%, 9.2% and 7.5% respectively during the year 2012 over the year 2011. Uttar Pradesh has
accounted for 18.4% (6,202 cases) of the total 33,655 cases reported in the country followed by
Rajasthan(16.5%) (5,559 Cases), Bihar (14.3%) (4821 Cases) and AndhraPradesh (9.1%) (3,057
Cases). The average conviction rate forcrimes against Scheduled castes and Scheduled tribes
stood at 23.9% and 22.5% respectively as compared to overall conviction rate of 38.5% relating
to IPC cases and 88.6% relating to SLL cases.

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CONCLUSION.
Despite the fact that India constitutionally abolished the practice of untouchability in 1950, the
practice and atrocities are still rampant. Incidence of killing bridegroom belongs to Dalit
community if he marry with a girl of upper caste are normal nowadays. Incidence such as
Badaun is flaming example of the same and violence has now become a defining characteristic
of the abuse. Nonetheless POA was established to provide for the rehabilitation and relief of the
victims. However without a serious and sustained commitment to implementing constitutional
safeguard and other national and international legal protections, human rights abuse in their most
degrading forms will continue against SCs and STs. The POA has the potential to bring about
social change by sending the message that human rights violations against SCs will not go
unpunished.

BIBLIOGRAPHY
17

1. AMBEDKAR.B.R. & RODURIGUES AND VALERIAN, THE ESSENTIAL


WRITINGS OF B.R.AMBEDKAR, Oxford University presses (New Delhi).
2. GHUMAN PAUL, BRITISH UNTOUCHABLE: A STUDY OF DALIT IDENTITY
AND EDUCATION,P-4, Ashgate Publishing,Ltd.2013
3. Jacob. T. G, Reflections on the Caste Question: An Overview of Tamil Nadu, Karnataka
& Keralam, NESA Publication, 2000 6
4. NARULA SMITA, BROKEN PEOPLE: CASTE VIOLENCE AGAINST INDIAS
UNTOUCHABLE, P.291,Human Right Watch ,1999
5. Sudha pai- Developmental State and the Dalit Question in Madhya Pradesh: Congress
Response
6. NCRB Report of crime in india-2013

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