Social Issues

Handout-5
Atrocities against Dalits (Broad trends)

 A crime is committed against Dalits every 15 minutes in India. And six Dalit women are raped
every day, according to official statistics that register a 66% hike in atrocities in the past ten
years 2007-2017.
 The situation has worsened, with a further spike in anti-Dalit violence, over the past four
years.
 Over the last ten years (2007-2017), there has been a 66% growth in crimes against Dalits.
Further, data from the National Crime Record Bureau (NCRB) shows that the rape of Dalit
women has doubled in the last 10 years.

 (Source: National Crime Records Bureau 2014)

Timeline of events:

 2016 Rohith Vemula Suicide in Central University of Hyderabad

The suicide of Rohith Vemula on 18 January 2016 sparked protests and outrage from across
India and gained widespread media attention as an alleged case of discrimination against
Dalits and backward classes in India in which elite educational institutions have been
purportedly seen as an enduring vestige of caste-based discrimination against students
belonging to "backward classes"

 2016 Gang-rape and Murder of Nandini, Tamil Nadu

On December 2016, a Hindu Munnani Union Secretary and three of his accomplices gang-
raped, and murdered a 17-year-old minor Dailt girl in Keezhamaligai village, Ariyalur
district. The police revealed that the Hindu Munnani functionary was irritated over the
lower-caste dalit girl who insisted to marry her after she got pregnant with him. The men
also pulled out the fetus from her womb. Later, her body was found in decomposed state in
a well with her hands tied, stripped of all jewelry and clothes

 2017 Saharanpur violence

The violence broke out during the procession of Rajput warrior-king Maharana Pratap over
the loud music. In the violence one man was killed, 16 were injured and 25 Dalit houses
were burned. The incident was connected to the BJP MP from Saharanpur Raghav Lakhanpal

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  January 2018 Stone pelting at Bhima Koregaon, Maharashtra
o The 2018 Bhima Koregaon violence refers to attack on visitors during an annual
celebratory gathering at Bhima Koregaon to mark the 200th year of the Battle of
Bhima Koregaon victory. The gathering consisted bahujan , and stone pelting by
anti-social elements.
o Ekbote(was arrested in March 2018 for instigating and orchestrating violence on
January 1 last year at Koregaon Bhima village here during the bicentenary
celebrations of the battle of Koregaon Bhima. Bhide was also booked and named in
the FIR.
o Later a think tank called Forum for Integrated National Security (FINS) with links to
RSS, mainly consisting of retired army officers, released a report on the Bhima
Koregaon riots. The report absolved the Hindu leaders Milind Ekbote and
SambhajiBhide from direct involvement. Instead, it blamed the Maoists (ultra left-
wing organisations) for instigating the Dalit activists. It also blamed the Maharashtra
Police for "apathy" and overlooking evidence

 May 2018 temple incident in Kachanatham, Sivagangai, Tamil Nadu

On May 28, 2018, Dominant caste Hindus were “enraged” that Dalits did not present temple
honours to an upper-caste family, and a Dalit man sat cross-legged in front of upper-caste
men. Dominant caste members also were enraged when Dalits protested the sale of
marijuana in the area by people from a neighbouring village and intimidated and threatened
the Dalits.
When the Dalit caste protested the intimidation and threats from the dominant castes in the
village with the local police in retaliation a gang of 15 dominant caste members raided the
Dalit village at night attacking people indiscriminately killing three and injuring six

 2019 suicide of Dr PayalTadvi

On May 22, 2019, Dr PayalTadvi, a 26-year-old Schedule Tribe gynaecologist,died by
committing suicide in Mumbai. For months leading up to her death, she had told her family
that she was subjected to ragging by three “upper” caste women doctorshowever, the
accused denied of having any knowledge of Dr Payal's tribal background.They allegedly went
to the toilet and then wiped their feet on her bed, called her casteist slurs, made fun of her
for being a tribal on WhatsApp groups and threatened to not allow her to enter operation
theatres or perform deliveries. A few hours before she took her life, she had reportedly told
her mother, once again, about this harassment.

 2020 Hathras murder

In September 2020, a dalit girl in Hathras district of Uttar Pradesh was allegedly murdered
by 4 men from Thakur caste. According to victim's family, the girl was gang raped and in
order to eliminate the evidences her backbone was broken and her tongue was cut by the
perpetrators.

SC/ST Atrocities act 1989

Defines: “social boycott” means a refusal to permit a person to render to other person or receive
from him any customary service or to abstain from social relations that one would maintain with
other person or to isolate him from others;

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Punishments for offences atrocities.—(1) Whoever, not being a member of a Scheduled Caste or a
Scheduled Tribe,—

 puts any inedible or obnoxious substance into the mouth of a member of a Scheduled Caste
or a Scheduled Tribe
 dumps excreta, sewage, carcasses or any other obnoxious substance in premises
 with intent to cause injury, insult or annoyance to any member
 garlands with footwear or parades naked or semi-naked
 forcibly commits any act, such as removing clothes from the person, forcible tonsuring of
head, removing moustaches, painting face or body or any other similar act, which is
derogatory to human dignity;
 wrongfully occupies or cultivates any land, owned by, or in the possession of or allotted to,
or notified by any competent authority to be allotted to, a member of a Scheduled Caste or
a Scheduled Tribe, or gets such land transferred;
 makes a member of a Scheduled Caste or a Scheduled Tribe to do “begar” or other forms of
forced or bonded labour
 compels a member to dispose or carry human or animal carcasses, or to dig graves;
 makes a member of to do manual scavenging or employs or permits the employment of
such member for such purpose;

Offences in case of sexual exploiting of SC or ST woman:

(i) Using acts, words or gestures of a sexual nature against SC/ST woman.
(ii) Touching an SC/ST woman intentionally in a sexual manner without her consent
(iii) Practice of dedicating an SC/ST women as a devadasi to a temple

 Preventing SCs or STs from undertaking the following activities will be considered an
offence:
o using common property resources,
o entering any place of worship that is open to the public
o entering an education or health institution
 As per the act offenses are punishable with imprisonment from six months to five years.
 Provides for special courts for speedy trials and relief of rehabilitation of victims.
 Section 18 of the act prohibited the grant of anticipatory bail to the accused.
 As per Section 4 of the act, a public servant wilfully neglecting his duties required to be
performed by him under this Act, shall be punishable with imprisonment for a term from 6
months to 1 year.
 Investigation under the act is carried out by Deputy superintendent of police level officer.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015

 The SC/ST Act 1989 was amended in 2015 to make it more stringent.
 It expanded the definition of offences under the act.
 Acts like tonsuring of head, moustache or any other act by dominant castes to challenge the
dignity of people belonging to SC/ST communities were made offence.
 Addition of IPC offences attracting less than 10 years of imprisonment like hurt, grievous
hurt, intimidation, kidnapping etc.
 Establishment of Exclusive Special Courts and specification of Exclusive Special Public
Prosecutors to exclusively try the offences under the PoA Act to enable speedy and
expeditious disposal of cases.

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  Completion of trial of the case within two months, from the date of filing of the charge
sheet.
 The act specifies the duties of public servants
 Under the earlier Act, a court of Session at the district level is deemed a Special Court
o Special courts must be established where offences are less in number
o cases should be disposed of within two months
 Adds a chapter on the rights of victims and witness.
o The duty of the state to make arrangements for the protection of victims, their, and
witnesses.

MAHARASTRA SOCIAL BOYCOTT ACT

Application: SC atrocities, law as an agent of change

 The Maharashtra Prohibition of People from Social Boycott (Prevention, Prohibition and
Redressal) Act, 2016
 The new law disallows social boycott in the name of caste, community, religion, rituals
or customs.

What amount to social boycott under the new law?

 If any individual or group tries to prevent or obstruct another member or group from
observing any social or religions custom or usage or ceremony, or from taking part in a
social, religious or community function, assembly, congregation, meeting or procession,
the act amounts to social boycott.
 So is challenging the freedom of individuals in the name of jati panchayats, religion,
customs, or denying them the right to practise a profession of their choice.
 Freedom in this case includes the freedom to marry outside one’s caste, visit places of
worship, wear clothes of one’s choice and use any specific language. Discrimination on
the basis of morality, political inclination or sexuality also qualifies as social boycott.
 As does stopping children from playing in a particular space, or disallowing access to
crematoria, burial grounds, community halls or educational institutions with mala fide
intentions.

How does the Act seek to prevent social boycott?

 A Collector or District Magistrate, on receiving information of the likelihood of unlawful

assembly for imposition of social boycott can, by order, prohibit the assembly.
Conviction of the offence of social boycott will attract a prison term of up to three years
or a fine up to Rs 1 lakh, or both. Abetment by an individual or group will invite the same
punishment.
 The offence of social boycott is cognisable and bailable, and will be tried by a
Metropolitan Magistrate or a Judicial Magistrate First Class.
 To ensure speedy justice, trial would have to be completed within a period of six months
from the date of filing the chargesheet.

Why was it felt necessary to have such a law in Maharashtra?

 The decision was a reaction to pressures from growing incidents of atrocities on

individuals by jati panchayats or gavkis wielding extra-judicial powers. The highest

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 number of incidents were reported from the districts of Raigad, Ratnagiri and Nashik;
and the largest number of cases of social boycott were provoked by inter-caste
marriages.
 In 2013-14, Raigad reported 38 such cases. Prevailing laws are frequently challenged in
the court, or loopholes are used to escape punishment. The new Act facilitates the
framing of changes under Indian Penal Code Sections 34, 120-A, 120-B, 149, 153-A, 383
to 389, and 511 if there is concrete evidence to substantiate an accusation of social
boycott.
 The Act was required in the backdrop of prevailing atrocities inflicted on people in the
 name of tradition, caste and community. Social boycott will be dealt with an iron hand.
The atrocities inflicted by a handful of people in the name of jaati panchayats or groups
citing caste and community traditions will not be tolerated if it questions the dignity of a
human being.

SUPREME COURT GUIDELINES ON SC/ST (PREVENTION OF ATROCITIES) ACT 1989

Subhash Kashinath Mahajan vs The State of Maharashtra

Violence erupted in several parts of the country in the aftermath of recent Supreme Court ruling on
the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989.

Key Observations of Court

 Against Automatic Arrest: The Apex court ruled against automatic arrest of the accused
under the SC/ST (Prevention of Atrocities) Act. Once a complaint is registered under SC/ST
Act, a preliminary enquiry should be completed within seven days, pending which it is not
mandatory to arrest the accused.
 Arrest Only With The Approval Of The Appointing Authority: If accused is a public servant, it
is mandatory for the police to seek approval of the appointing authority for the arrest of the
person.
 Approval of SSP: If the accused is not a government official, permission from SSP (senior
superintendent of police) is mandatory for making the arrest.
 Anticipatory Bail: The Supreme Court further allowed anticipatory bail in cases registered
under the SC/ST Act which was not permissible under section 18 of the Act until now.

Why did The Apex Court Come Out With The Ruling

 According to the apex Court, there has been rampant misuse of the act. This is hinted by the
low conviction rates with respect to cases registered under the act.
 According to NCRB data the conviction rates under the act has reduced drastically from 35%
in 2010 to 28% in 2015.
 The Supreme Court referred to NCRB data of 2015 which said that of all the cases registered
under SC/ST Act, 15-16 % matters were closed after preliminary enquiry due to lack of
evidence to proceed further.
 In around 75 % of the cases that reached the courts, the accused were either acquitted for
lack of evidence or cases were withdrawn or dismissed.
 The court also pointed out that the law has often been misused to blackmail innocent public
servants and private individuals to wreak personal vengeance or serve vested interests.

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 Criticism Of The Ruling

 The Court has cited the reason of misuse of law in order to introduce the guidelines. But, it is
a well-known fact that laws related to dowry laws, rape cases etc are also misused. To dilute
an act citing the reason of misuse can have a chilling effect on already underreported crimes
against dalits.
 The argument of Apex Court for introducing safeguards against the act as mentioned above
is low conviction rates. But this could be because of gaps in the criminal justice system,
apathy of the police machinery towards the SC/ST community, loose ends in the process
from the time FIR is filed till the trial.
 There is a need for stringent law because the crimes against dalits is on the rise. According
to NCRB data, crimes against dalits rose from 38670 in 2015 to 40801 in 2016. Though there
is evidence for breakdown of traditional caste structures, Dalit position has not improved in
terms of economic resources, education, health and other human development indicators.
 New inequalities overlap with old caste structures. This is evident in the fact that dalits
continue to work in precarious jobs like manual scavenging etc.
 The judgment is considered as a classic case of judicial overreach by the critics. While
judiciary is the guardian of the rights of the citizens in general and weaker sections in
particular, it cannot usurp the power of parliament to make laws.
 The government officials who had been named in the FIR had argued that if cases were
allowed to be registered on the basis of the remarks made in the ACR under the SC/ST Act, it
would become impossible for them to appropriately appraise subordinate staff belonging to
the community.

 Supreme court in Kartar Singh vs state of Punjab:

o Anticipatory bail is a statutory right and not comes under Right to Life.
o Section 18 of the PoA act especially excludes anticipatory bail.
 In Lalita Kumari vs Government of Uttar Pradesh, the Supreme Court directed that prompt
registration of FIR is mandatory under Section 154 of the Cr.P.C. if the information discloses
commission of a cognisable offence and no preliminary enquiry is permissible in such a
situation. Mahajan judgement ignores this precedent.
 Supreme Court in Rajesh Sharma vs the State of Uttar Pradesh, assumed misuse of the anti-
dowry provision of Section 498A in IPC, but CJI revisited the case remarking that the court
cannot write law but can only interpret a law that is ambiguous or silent on certain aspects,
and not when it is crystal-clear
 Dilution of PoA act will have a crippling effect on social justice.
o Because of the juxtaposition of the powerful and the powerless in India’s caste
system in every village, it is very difficult to secure proper investigation and quick
and successful trial.
o Delay in investigation and trial result in intimidation of victims and witnesses.
o Will make the act toothless, roll back social transformation.
 This case treads to break the thin line between judicial activism and judicial over-reach.

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