Prof.knageshwar@gmail.

com

For PD

This year the dalit advocacy groups are celebrating the 20th year of SC, ST (prevention of
atrocities) act. In implementing the universal human rights and the rights and protections
guaranteed by the constitution, SC, ST ( Prevention of Atrocities Act 1989 is a
milestone. That act itself came in the backdrop of inhuman incidents such as Kilvenmani,
Tchuduru, Karamchedu which shocked the nation in late 80s and early 90s.

Indian constitution, under article 17, prohibits untouchability where as article 15

prohibits any kind of discrimination on the grounds of caste. In pursuance of this
constitutional mandate central government adopted protection of civil rights act way back
in 1955. The philosophy behind the inclusion of these articles under Fundamental Rights
part implies the recognition of state’s dual role, protector as well as facilitator when it
comes to depressed classes. The PCR act applies to all under- privileged classes, its main
focus is the protection of rights guaranteed to SC and STs. 1955 act recognizes the
violation of rights against SCs and STs as crimes to which the policy makers outlined
remedial measures as well as protective measures under law of the land. Four decades of
its implementation supported by the governmental efforts generated awareness about
civil rights of depressed classes. At the same time violation of SC, ST rights kept going
on. The social and democratic awareness fueled by anti emergency struggle in the
country widened the ambit of civil rights. Followed by the increased activism of dalit
advocacy groups, apparently those who headed such groups are the first generation
beneficiaries of opportunities under reservation policy, succeeded in differentiating
between civil rights and atrocities.

The dalit movements of late 70s and early 80s centered around self respect apart from
graded equality. Self respect movements fueled by inhuman atrocities such as mentioned
above paved way for new debate about protecting the dalit rights at the same time
protecting the dalits from atrocities unleashed against them. Thus the necessity for a new
act came up and parliament at that time acted promptly to recognizing this need, thus
came in to existence the prevention of SC, ST atrocities which empowers the State to use
its powers to see that the perpetrators of atrocities not to go unpunished. The conflicts
debated at that time and redressal or remedial mechanisms outlined in those acts are
basically individual centric.

Despite these guarantees and protections, the 21st century India is witnessing an increase
in atrocities against SCs and STs. The table given below reflects this increase. The major
change that needs to be recognized in these atrocities is that they migrated from
individual sphere to social sphere. In other sense atrocities against group are increased as
against individuals. Particularly this change is evident in the case of developed states
such as Maharashtra, Haryana, Andhra Pradesh as well as the states where predominantly
feudalistic social relations are in tact. The data covering the major states, compiled from
national crime bureau records as well as annual reports of National SC, and ST
commissions, Human Rights Commission confirms the same. The data for the year 2001

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is complied from National Commission for Scheduled Castes which figures are
contestable because of its abrupt reduction of incidence of crime against SC/STs in
Madhya Pradesh, Bihar, Rajasthan.

State 1992 1995 1998 2001 2004 2007

Andhra 591 1764 1880 1417 3791 3383
Pradesh
Bihar 751 747 785 523 2691 2786
Karnataka 905 1171 1148 1294 1816 1844
Kerala 634 696 1148 135 520 477
Madhya 4571 3979 4057 681 6363 4106
Pradesh
Gujarat 190 207 694 465 1549 1038
Maharashtra 1231 1622 683 148 949 1164
Orissa 220 497 772 814 1917 1355
Punjab 18 9 23 50 134 177
Rajasthan 4379 5197 5586 3630 5391 4174
Tamilnadu 550 1293 1562 706 1183 1737
Uttar 9296 14215 6511 4972 3790 6144
Pradesh
West 29 0 0 6 23 3
Bengal

With the globalization and economic reforms there is a sea change in the debate on dalit
rights. Globalisation facilitated the marginalization of dalits and adivasis from socio,
economic and cultural fields at the same time consolidating the opportunities in the hands
of privileged. This is the time when the state retreated from its duty to managing the
social needs, thus opening the earlier restricted field for open competition which resulted
opening of new areas of conflict. As mentioned earlier, in this period escalation of
atrocities against the dalits and adivasis from individual centric to group centric gained
momentum. As this is far beyond the limits of modern jurisprudence which is basically
individual centric, the establishment also refusing to register the cases of group violence
in nature thus leaving the field open for direct confrontation at some times. This is
resulting in conflict of interest for limited opportunities which in turn expressed in terms
of caste based conflicts due to the absence of democratic ways of mobilization, and
proper grievance redressal mechanisms.

Thus under globalization caste conflicts and atrocities against SC and STs are migrated
from individual ethical space to social and economic space. That is the reason for
enormous increase of incidence of crime against SC/STs over this period. This is
confirmed by National Crimes Bureau records. According to National Crime Bureau
Records, as The Hindu reported on July 20th, 2004, Statistics available with the Scheduled
Castes and the Scheduled Tribes Commissions indicate that Maharashtra, Rajasthan,
Uttar Pradesh, Andhra Pradesh and Tamil Nadu recorded high incidence of atrocities
against SC/ST between 1996-2000. In UP, where dalit population is at nearly 21 percent,
17 cases were registered per each lakh of SC population, where as this ratio peaks for

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Madhya Pradesh with 45 cases for lakh population. In Bengal where SC population stood
at 23 % as per 2001 Census, this ratio stands at 0.01 cases / lakh population. In Andhra
Pradesh where 16 % population consists 26 cases were registered per each lakh of SCs.
Apart from that the analysis of data on incidence of crime against SC/STs reveals
fundamental character. The stubborn persistence of deprivations, poverty in its different
manifestations, marginalization, in access to resources, both traditional and newly
available, denial of benefits of development are producing the conditions for continuous
escalation of conflicts across the country. Prevention of atrocities act mainly concentrates
on redressal mechanisms. But if we look at the data provided by National Bureau of
Crime Records, the progress is not satisfactory. As on 2007, December, 104006 cases are
in courts out of which in 6505 cases convictions announced, and 14217 cases culprits
were acquitted. Rest of 82472 are still pending before the courts. This performance is
after the majority of states established special courts to deal with offences under PCR and
POA acts.

Globalisation opened up new opportunities for the upper caste cluster. The same upper
caste clusters are having the inward linkages available under the existing state structure.
The changed scenario helped them to sustain their hegemony over the economy as well as
over the social life in rural India with the coupling of upward linkages made available to
them under globalization with already existing inward linkages within the state systems.
With the State retreating from the managing of social and public life, in the economic
sphere this retreat opened up new opportunities for the private capital where in social
sphere opened up new opportunities for non governmental agencies to intrude in to social
life. Thus we can now see that the nature of NGOs activities are wide spread across the
sectors from helping the disable to microfinance institutions.

On the other hand, this retreat of state also opened up new opportunities for caste forces
which are striving for restoring the old identity and group based loyalties instead of
striving for democratic grievance redressal means thus consolidating the politics of
identity. This identity politics in turn reinforcing the divisions and sub divisions from the
existing underprivileged caste clusters there by weakening their bargaining power in its
encounter with the State as well as civic life. This in tern, further dividing the socially
and economically weaker sections and STs, SC by juxtaposing the interests of these
sections, at a time when there is a need to develop solidarity cutting across the castes to
protect the underprivileged. This underscores the need for developing sustained
movements based on building sustainable movements by developing strong solidarity
among the under privileged castes. In this back ground the governments has to factor in
the changed scenario in social life over the last two decades while formulating the
policies including multidimensional programs to address the structural roots of violence.
To be precise, in case of protecting civil rights of underprivileged and prevention of
atrocities against them needs a reconsideration in the backdrop of experiences of
implementation of prevention of atrocities act over the last two decades. Movements
coercing the state to discharge its duties in true constitutional spirit needs to be built up.
And such movements shall be in a position to address and accommodate the
multidimensional aspirations of the constituent participants.