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SECTION – I
VVVVVIOLENCEIOLENCEIOLENCEIOLENCEIOLENCE::::: TTTTTHEHEHEHEHE SSSSSOCIALOCIALOCIALOCIALOCIAL EEEEEDIFICEDIFICEDIFICEDIFICEDIFICE
Orga nised violence directed a ga inst members of identified groups/commu nities h a s been
a distinct feature of the Indian society for quite sometime. Though violence does take
place in the process of change in many societ ies, and part icularly so when radical
alterat ions take place in the exist ing social and power relat ions, i t usually does not
choose its victims on the basis of birth in a given social entity. In India, however, this
is precisely wha t ha s defined the char a cter of violence in rela tion to certa in groups. The
countr y h as wit nessed increase in both cast e an d communa l violence since independence
w hich t he processes of modernizat ion ha ve not a bat ed. Ra ther, in some respects, it h as
been intensified by them. While communal violence is a relatively recent phenomenon
rooted in t he events leading to part it ion, caste violence ha s a much longer history a nd
a f irmer anchorage. I t a lso has the dist inct iveness of being embedded in the social
structure of the dominant community i tself which lays down the norms of conduct
between its more privileged groups and the subdued and subordinated segment . I t is
this a ge old caste relat ionship in Hindu S ociety w hich is get t ing disturbed by pressure
of forces both from a bove a nd below. The frequency a nd in tensit y of violence is a n offshoot
of desperate at tempts by the upper caste groups to protect their entrenched status
a gainst the process of disenga gement an d upwa rd mobility am ong lower cast es result ing
from affirma tive act ion of Sta te P olicy. The violence ta kes bruta l forms an d t urns into
acts of atrocities against a whole group of people, such as massacre, rape, burning of
houses an d th rough more subtle meth ods like social boycott, w hich a re intend ed to block
their access to basic necessities and services. This phenomenon has to be positioned in
the la rger perspective of St at e-Society dyna mics in order to understa nd w hy it ha ppens
and how it can be checked.
The target of caste violence is largely the people belonging to the lowest rung in
the hierarchy of Hindu social order, who are known as the ‘untouchables’, or ScheduledCastes bound to the rest of the caste society in immutable relat ionship of rights and
obliga tions. The pra ctice of “unt oucha bility” cha ra cterises th is relat ionship. The emergence
of untouchabili ty in the caste based social order has a complex history with li t t le
consensus or clarity on its origin 1. While some have at tributed it to the growth of
agricultural civil izat ion in the country and the emergence of agricultural castes, who
1Na val, TR, La w of P revention of Atrocit ies on Scheduled C ast es an d S cheduled Tribes (2000),
p. 4-7
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2 Report on P revention of Atrocities Again st SC s & STs
needed a ssured access to ma nua l labour2 for agr icultura l operat ions, others ha ve tra ced
its genesis to expansionist phase of Indian civilization which led to the conquest of
indigenous inhabita nts a nd t heir consequent ensla vement by th e Arya ns. The ‘shudra s’
in th e social hiera rchy tow a rds t he end of th e Rig Vedic period represent th ese ensla ved
persons who were assigned inferior status, which was related to their birth in that
community 3. Wha tever be the explana t ion of i ts origin, the inst itut ional st ructures wh ich
governed social conduct in the society are subsumed under the nomenclature of ‘Caste
Syst em’, w hich broadly represents a vert ical ar ra ngement of social division of the H indu
population into four major groups, known as ‘Varnas’. At the top of this arrangement
are the Brahmana (priest ly class) , followed by ‘Kshatriya ’ ( the warrior class) , and
‘Vaishya’ (trading and artisan class). ‘Shudra’ (labouring and service class) stood at the
bottom of hierarchy 4. The ‘untouchables’ w ere not a par t of th is Scheme. H owever, over
a period of time, the exigencies of situation led to the addition of a Fifth group to this
cla ssif icat ion wh ich w as not given a ny ‘cast e sta tus’ as such, but nonetheless integra lly
linked to th e social order a nd is referred t o as ‘unt oucha bles’ or ‘outcasts’. The membersh ip
of this group was determined by birth and could not be changed by individual effort or
socia l accepta nce. These four ‘Va rn a s’ subseq uent ly tr a nsform ed/got divided int o hundr eds
of sub-cast es, known a s ‘jati’ , ea ch ‘jati’ ha ving it s own norms of social conduct. The cast e
structure is characterised by six important features 5:
1. Segmented d ivis ion of Society,
2. H ier ar ch y,
3. Rest r ict ions on feeding and socia l intercourse,
4. Lack of unrest r icted choice of occupat ion,
5. Civil an d religious disa bili t ies an d privileges of different sect ions, a nd
6. R es t r ict ions on m a r r ia g e
The segmenta tion of society int o four gr oups represents a tight ly divided a rra ngement,
of both sta tus a nd occupa tion wh ich is l inked to each other in a hierarchical r elat ionship.
B ra hmins occupy the t op slot in t he hierar chical ladder a nd ‘untoucha bles’ the bottom.
As t he cas te h ierar chy opera tes a round t he concepts of ‘purity’ an d ‘pollution’, ‘unt oucha bles’
a re considered a s t he most degra ded beca use th ey perform polluting t a sks. The restr ictions
on feeding and social intercourse incorporates code of conduct for each caste on what
one can see and cannot see, what one can and cannot touch and what can or cannot
be accepted by a person of one caste from a person of another caste. Restrictions on
occupat ion ar e intended to prevent a ny destabilizat ion of hiera rchy6
. Civil an d religiousdisabili t ies mandate ‘untouchables’ to l ive at a distance from the main village, not to
2Krishna n, PS : Keynote address delivered at the Nat iona l semina r on Implementat ion a nd Impact of SCs/
STs (Prevention of Atrocities) Act, 1989 on the S cheduled Ca stes orga nised by C entre for S ocial Sy stem,
Sch ool of Social S ciences, J NU , Ma rch 22-23, 2000.3Naval, op. cit . , p. 4
4Hu ma n right s Wat ch, Br oken P eople, Ca ste Violence aga inst I ndia ’s unt ouchables, 1999; p. 25
5Ghurye, G.S . quoted in Bhopal Document - Chartering a New Course for Dalits for the 21
st century,
Government of Madhya Pradesh-March 2002, pp 16-176Bhopal Document, op. cit . , p. 16
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Violence: The Social Edifice 3
draw water from village well , enter the village temple, wear the sacred thread, acquire
education or recite the religious texts. Untouchables are required to undertake the most
pollut ing a nd degrading occupations, such a s clea ning fi l th, including h uma n excreta ,
f laying dea d a nima ls, digging gr a ves, etc. The a bsolute restrict ion on m a rriages outside
the caste and, in fact, even sub-castes ensures that there is no mobility from one group
to another. Thus, the untouchables face total segregat ion in all matters, subjected to
a cute discrimina t ion, do the most menial a nd degra ding jobs a nd ha ve no right to cha nge
their status. The transition from caste disabilities to commission of atrocities, has been
traced to 3rd and 4t h Century A.D. when varna system faced crisis of deviat ions from
th e prescribed social conduct a nd t he need w a s felt for coercive measures t o enforce cast e
discipline an d bounda ries. The King emerged as th e Uph older of the syst em. Those wh o
violated the system were subjected to secular punishment as well as performance of
various rituals7. This is how physical violence by higher castes on the lower castes was
sa nctified. This s itua tion continued for cent uries. The persons of suppressed commun ities
acquiesced in this arrangement, as there was no option for them to escape from it .
Perhaps they may have been made to believe that l i fe in the next birth may be better
if discipline imposed by existing status is adhered to.
During the medieval period some saints, Kabir , Nanak, Ravidas were crit ical of
existing social order and preached a religion of love, compassion and consideration and
a more tolerant social arrangement. But there was no protest against the caste system
a nd its socia l ra mifica t ions as such. The prevailing la ws continued t o support the cast e
syst em an d th e rulers upheld them. D uring t he Muslim Rule in In dia , some people from
the suppressed communit ies might have converted to Islam as a way out of their
degraded sta tus, but t here is no evidence that the Muslim rulers ever t ried to interfere
with the Hindu caste system or reform it . Their strategy of governance may have
prevented them from doing so. The B rit ish esta blished the r ule of law wh ich w a s ba sed
on a concept of equality. The law applied to all persons irrespective of their position.
This w a s a ma jor depa rture from t he pre-B rit ish judicial syst em w here caste dist inct ions
were not only recognized but a lso enforced and differential punishment was awarded,
for the same offence, depending on the caste status of the offender. In any case, the
suppressed castes neither had the courage nor resources to seek any relief under the
new system. But even in the Brit ish period caste dist inct ions remained relevant in
ma tters relat ing to Hindu La w. The general features of the legal syst em did not cha nge
th e sta tus of low er ca stes, a s the overa ll Br itish policy remain ed one of non-interference8.
In matters such as entry to temples, r i tual pollut ion and rights to exclusiveness, the
Courts supported the customary laws of Hindus and their view was upheld even at the
level of Privy Council. There was, however, some difference in the attitude of Courts
towa rds secular public facil it ies such a s str eets a nd roads w here such disa bili t ies were
not enforced. However, the Courts did not provide any support for removing caste
disabili ty in matters which came up before their considerat ion 9.
7Naval, op. cit . , p. l0
8Naval, op. cit . , p. 13
9Naval, op. cit . , p. 15
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4 Report on P revention of Atrocities Again st SC s & STs
On a social plane, the period witnessed many reform movements in Hindu Society,
such a s Brahmo Samaj , P ra r thana Samaj , Arya Samaj , Ramakr ishna Miss ion ,
Theosophical Society, the Social Conference which attacked the caste system and some
other feat ures of H indu social order. These movement s, wh ile support ing th e four va rna s,
condemn ed the inhuma n pra ctice of unt oucha bility. Lat er, during th e freedom movement,
G an dhiji contributed a grea t deal t ow ar ds a bolit ion of untoucha bili ty a nd la ter founded
the All India Harijan Sangh for this purpose. In south, self-respect movement was
launched against Brahminical tyranny. I t was Dr. Ambedkar, who took up the f ight
against caste oppression more vigorously through the All India Depressed Classes
Federa tion. Around 1909, the issue of untoucha bility a cquired political sign ifica nce wh en
proposals w ere ma de for special legislat ive representa tion for untouchables. In 1917 the
Congress passed anti-disabilities resolution. In the 1930s anti-disabilities bills were
introduced in C entra l Legislat ive Assembly, Ma dra s a nd B ombay Legislat ures. In 1938,
Madras Legislature passed the f irst comprehensive law to remove social disabili t ies
making it an offence to discriminate against the untouchables. In fact , in the publicly
support ed facilities, such as r oads, w ells, tr a nsport vehicles, etc. a s a lso in other secula r
institut ions, such a s resta ura nts, hotels, shops, th e law a lso prohibited judicial enforcement
of any customary right or disability. This was followed by similar legislations in other
provinces. Later, init ia t ive was also taken by Madras to facil i ta te temple entry for
Scheduled Ca stes by ma king it a crimina l offence for any person to prevent a ny H indu
from entering or worshipping a t a ny t emple. Simila r Acts were pass ed in oth er provinces
la ter10.
H owever, the B ritish G overnm ent n ever took positive action to improve th e condition
of shudras and untouchables and to remove their disabili t ies. Apparently , the larger
considerat ion of consolidat ing their rule prevented them from interfering with the
customa ry pra ctice a ssocia ted w ith ind igenous religions. Thus, a t th e time of independence,
the tr adit ional st at us of untoucha bles a nd caste disabili t ies, wh ich prevented th em from
leading a life of dignity and self-respect continued to prevail. It was, therefore, left to
the C onstitut ion of India aft er independence to ma ke the f irst comprehensive brea k w ith
the past and to pronounce the policy of abolition of untouchability and declare total
equality for t he shudra s a nd unt ouchables in Indian society. The Constitut ion a lso la id
down means to achieve these objectives.
10Naval, op. cit . , p. 16
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SECTION – II
CCCCCOMMITMENTOMMITMENTOMMITMENTOMMITMENTOMMITMENT TTTTTOOOOO EEEEEQUQUQUQUQUALITYALITYALITYALITYALITY: S: S: S: S: STRATRATRATRATRATEGTEGTEGTEGTEGYYYYY AAAAANDNDNDNDND AAAAAPPROPPROPPROPPROPPROAAAAACHCHCHCHCH
The Scheme of the Constitut ion r eflects a thr ee-pronged str at egy for cha nging t he sta tus
of Scheduled Ca stes [and t he Scheduled Tribes] bas ed on t he tr a ditiona l social order.
This consists of:
(a) P rotect ion: Lega l/Regula tory measures for enforcing equal i ty an d removing
disabilities; Providing strong punitive action against physical violence inflictedon them; Eliminat ing customary arrangements which deeply hurt their dignity
and person; Prevent ing control over f ru i t s of their labour and s t r ik ing a t
concentr at ion of economic assets an d resources a nd set t ing up a utonomous wa tch-
dog inst itut ions to safeguard interests, r ights and benefits guaranteed to them.
(b) Compensa tory discriminat ion: Enforcement of reservat ion provisions in public
services, representative bodies and educational institutions.
(c) Development : measures to br idge the wide gap between the S cheduled Ca stes and
other commu nit ies in their economic conditions a nd social sta tus, covering a llocat ion
of resources and distribution of benefits.
This s t ra tegy was subsequent ly opera t iona l ised in the Sta te pol icy and the
commitment to this policy has been a feature of Indian State ever since. The policy has
been strengthened and revised and its ambit made wider from t ime to t ime.
As regards the protect ive arrangements, to begin with, the Constitut ion itself has
provided an elabora te fra mework for eliminat ing those customs, practices, or inst itut iona l
a rra ngements, including provisions in law s, i f an y, w hich tended to san ct ify a nd reinforce
untouchability practices and other discriminatory and degrading conditions imposed on
these communities. Laws were made to operationalise these provisions. For example,
The Untouchability Practices Act, 1955 was enacted in pursuance of Article 17 of
the Constitut ion. This was subsequently strengthened and amended in 1976 andrechristened as Protection of Civil Rights Act to make it more effective. Later, as
a result of implementation of State policies, when there was spurt in physical violence
a ga inst members of Scheduled Ca stes a nd Scheduled Tribes, leadin g to brut a lities such
as mass murder, rape, arson, grievous injuries, etc. enactment of a special law for their
protect ion was resorted to known as Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 to provide for strong punitive measures which
could serve as a deterrence.
5
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6 Report on P revention of Atrocities Again st SC s & STs
Addit ional laws were enacted from t ime to t ime to protect Scheduled Castes and
Scheduled Tribes from sa nctions of an y customar y law s an d enforcement of degra ding
a nd h umilia t ing pra ct ices imposed on t hem. The Employment of Manual scavengers
and Construction of Dry Latrines (Prohibition) Act, 1993, which eliminates the
most degra ding pra ctice of ma nua l sca venging of huma n excreta by members of Scheduled
Castes, is the most important among them. The other practice sought to be stopped
related to sexual exploitat ion of SC girls. Andhra P ra desh and Ka rna ta ka ena cted laws
to eliminate practice of Devdasi system which sanct if ied a customary pract ice of
dedicat ing a young girl from t he SC community to the loca l deity wh ich virtua lly resulted
in her sexual enslavement . Maharashtra a lready had a law enacted in 1934 on the
subject.
Laws were also enacted to prevent employers from appropriating fruits of labour,
denying freedom of choice a nd resorting to other forms of exploita tion of persons employed
by them, though their focus was not confined to members of these communities but
extended to all those who came within their ambit irrespective of their caste or socialbackground. These labour la ws, in an y case, ha ve impa ct on S cheduled Ca stes more tha n
any other group in society by virtue of their poor economic conditions and low social
s ta tus . Prominent among them were the Bonded Labour System (Abolition) Act,
1976, Minimum Wages Act, 1948, Equal Remuneration Act, 1976, Child Labour
(Prohibition and Regulation) Act, 1986, Inter-State Migrant Workmen
(Regulation of Employment and Conditions of Services) Act, 1979.
Laws were also enacted and arrangements made to strike at concentrat ion of
productive as sets a nd economic resources in cast e Hindus. In th is ca tegory w ere included
Land Reforms laws a imed a t redist ribution of land t o SCs/STs a nd oth er rura l poor
and debt relief legislations for regulat ing credit t ra nsa ct ions a nd checking usuriousmoney lending.
The second part of th is stra tegy rela ting t o compensa tory discrimina tion is reflected
in ma king provisions for reserva tion of posts in public services th rough recruitment a nd
promotion, reservat ion of seats in Legislat ive bodies at the Centr al , St at e and P an chaya t
Ra j inst itut ions a nd Municipa l bodies, reserva t ion of seats in a dmission t o Educat ional
a nd P rofessional I nst itut ions, including relaxat ion of eligibility qua lificat ions. This w as
done with a view to ensuring that members of these communit ies have their share in
positions of power and decision making as also access to opportunities for higher
educat ion. I t was felt that in open competit ion they may not be able to obtain their
legitimat e sha re beca use of their a ccumula ted disa bilities over centu ries. These provisions
had the intended object ive of bridging the vast gap that existed between these groups
and the rest of the society in these areas.
The third part of the strategy related to focused and comprehensive development
of Scheduled Ca stes/Scheduled Tribes w hich w a s opera tiona lised thr ough a llocat ion of
funds a nd ea rma rking of benefits under va rious development progra mmes for members
1Na tiona l Comm ission for Scheduled C as tes a nd S cheduled Tribes. Sixth Report 1999-2000 and 2000-2001,
p. 30
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Commitment to Equality: Strategy and Approach 7
of these communities in order that they improve their economic conditions as a route
to upward mobility . This was sought to be achieved by creat ing a mechanism within
th e plan ning process th rough w hich a specified percenta ge of budgeta ry resources could
be earmarked for the benefit of these communities. In respect of Scheduled Castes, this
is know n a s the Special Component Plan,wh ich la id down tha t t he concerned a gencies
should prepare a separate plan for development of Scheduled Castes by allocating a
percenta ge of resources, which is at least eq uiva lent to the percent a ge of their populat ion
in the State and the Centre, as the case may be. These resources would be exclusively
devoted to taking up programmes and activities which directly improved their economic
conditions. This provision was further strengthened by allocation of certain resources
direct ly by the Central Government known as Special Central Assistance to be used
for t his purpose in addit ion to the ea rma rked funds under the S pecial C omponent P lan 1.
As a corollary to this arrangement, the State policy also mandated that in various
development programmes w hich ha ve a beneficiary orienta t ion, i t should be ensured th at
th e number of beneficiar ies belonging to Scheduled Ca stes (as a lso Scheduled Tribes)
should a t lea st be equivalent to the percenta ge of th eir populat ion so tha t implementing
a gencies do not produce a ny a libis or resort t o man ipulat ion t o deprive these communit ies
of their share of benefit . In certain programmes where the gaps between Scheduled
Ca stes (the sa me a pplied to Scheduled Tribes) a nd t he rest of the commun ity is excessively
large, special a rra ngements a re made to bridge this ga p by wa y of addit iona l resources
a llocat ion and t hrough specia l inst itut ional ar ra ngements. Some of the a reas qua lifying
for this dispensation are extension of literacy, poverty alleviation, land allotment for
housing and cult ivat ion, etc.
With the elaborate arrangements to protect SCs, i t was necessary to monitor
whether benefits were reaching the targeted communit ies and safeguards were get t ing
enforced. Therefore, laws were made to set up watchdog institutions to look after this
ta sk. Four such inst itut ions ha ve been set up. While the Na tional C ommission for S Cs
a nd S Ts ha s been set up under th e Constitution itself, Nat iona l Huma n Right s Commission,
Na tional Commission for Women a nd Na tional Commission for Safa i Ka ra mcharis w ere
creat ion of separa te Acts, i.e. P rotection of Hum a n Righ ts Act, 1993, Nat iona l Commission
for Women Act , 1990 and National Commission for Safai Karamcharis Act , 1993
respectively. National Human Rights Commission and National Commission for Women
cater to complaints of all sections of society irrespective of caste within their specified
manda te .
It is evident from the foregoing tha t St a te clear ly recognized th a t th e violence, overtand covert , inflicted on the Scheduled Castes was rooted in the social structure and
rela t ions, which condemned them permanent ly to a l i fe of indigni ty and socia l
subordination. The three-pronged strategy referred to above would gradually help to
eliminate condit ions which lead to this
violence and over a period of time promote
equality in society. Thus, the elaborate constitutional framework and the meticulously
crafted state policy flowing from it , refined over a period of time as experience was
gat hered, wa s a conscious at t empt at social engineering. I t a lso emerges unequivocally
tha t in this process of a lt ering social r elat ions, St at e ha d a very crucial , ra ther decisive,
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8 Report on P revention of Atrocities Again st SC s & STs
role to pla y. This r ole, wit hout doubt, h a d t o be exercised th rough a conscious a nd positive
t il t in favour of these marginalized and disadvantaged communit ies whenever pit ted
against formidable high caste groups, since the former would be too powerless to take
on the fight on their own for a long period of time. It was, therefore, hoped that
inst itut ions of the St at e-the E xecutive, the Legislat ure an d th e J udiciary would posit ively
respond to the letter and spirit of the constitutional scheme as well as the State policy.
Lest the G overnment a ppa ra tus a cts in an indifferent or biased ma nner, specia l wa tch-
dog bodies w ere also creat ed to ensure tha t commitment t o this policy a nd inst itut ional
a rra ngements created for th is purpose are not deviated from. Embedded in th is stra tegy
was also the cherished hope and idealist ic vision that the larger Hindu society would
a lso get tra nsformed under the thrust of a l ibera l and h uma nist ic polity an d democrat ic
process w hich w ould chara cterise its opera t ions. In this m an ner, support ba se for t his
effort a t social engineering would get widened leading to a posit ive change in the
at t i tudinal and behavioural response of other communit ies towards these oppressed
groups and their consequent mainstreaming of the la t ter as equal members of society.
In t he sections of th is paper wh ich follow, it sha ll be examin ed whet her th e int ended
objectives of th is th ree-pronged stra tegy w ere realized an d w heth er th e violence inflicted
on Scheduled C ast es, silently t hrough disabili t ies, discriminat ions, biases a nd continuing
untouchabili ty pract ices, and overt ly through physical assault in the form of heinous
crimes like murder, rape, arson, etc., to enforce the caste based social order has been
reduced and, i f this has not happened, what went wrong with State policies and their
implementat ion. We sha ll a lso examine in brief wh ether th e inherent hope tha t t he
larger Hindu society would support these measures to rid of its obnoxious traditions
and usher in a l iberal , humanist ic, and democrat ic society eager to catch up with the
developed world was sustained and whether State-Civil society interface on this issue
displayed the required harmony.
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SECTION – III
SSSSSOCIALOCIALOCIALOCIALOCIAL JJJJJUSTICEUSTICEUSTICEUSTICEUSTICE::::: TTTTTHEHEHEHEHE LLLLLEGALEGALEGALEGALEGAL IIIIINSTRUMENTSNSTRUMENTSNSTRUMENTSNSTRUMENTSNSTRUMENTS1
FOUNDATION: THE CONSTITUTIONAL SCHEME
The Const ituent Assembly debat es recognized th a t a section of people in India n S ociety
had been denied certain basic rights since ancient t imes and had therefore remained
economica lly, socially a nd educationally ba ckw ar d. As a result, this ha d created w idespread
dispa rit ies betw een th em and the rest of the society a nd a situat ion ha d emerged w hich
underlined the need for special measures to uplift their status. This understanding is
clearly reflected in the Constitution itself where a chapter under the title “Special
provisions rela ting t o cert a in cla sses” in P a rt -XVI ha s been incorpora ted. Special provisions
ha ve also been ma de for th e Scheduled Ca stes a nd S cheduled Tribes in P a rt -X of the
Constitution. The Constitution provides for protection and promotion of their social,
economic, educational, cultural and political interests to remove the disparities and to
bring them on par wit h other sect ions of the society. In addit ion, man y a rt icles in P a rts
II I, IV, IX, IX- A, Fifth a nd S ixth S chedule of the Constit ution reinforce these ar ra ngement s.
Article 14 provide that States shall not deny any person equality before law orthe equa l protect ion of law s w ithin the t erritory of India . Article 15 operationalises the
concept of equality in a manner which specifically touches upon the conditions of the
Scheduled Ca stes a nd Scheduled Tribes. It sa ys:
1. The S ta te shall not discriminate ag a inst a ny citizen on grounds only of religion,
race, caste, sex, place of birth or any of them.
2. No cit izen sha ll , on grounds only of religion, ra ce, ca ste, sex, place of birth or any
of them, be subjected to any disability, liability, restriction or condition with regard to -
(a) a ccess to shops, public resta ura nts, hotels and places of public
entertainment; or
(b) the use of wells, tan ks, bat hing ghat s, roads a nd places of public resort
ma inta ined wholly or part ly out of Sta te funds or dedicat ed to the use of the
general public.
3. Nothing in th is ar t icle sha l l prevent t he Sta te f rom ma king any specia l provision
for women and children.
1Sixt h Report of th e Nat ional C ommission for SC s/STs, op. cit . , Cha pter II , pp 8-17 may be seen for
more
details on the Const itut ional provis ions
9
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10 Report on P revention of Atrocities Aga inst SC s & STs
4. Nothing in this a rt icle or in clause (2) of a rt icle 29 shall prevent t he Sta te from
ma king an y special provision for th e adva ncement of any socia lly an d educa tionally
backw a rd classes of citizens or for the Scheduled Ca stes a nd t he Scheduled Tribes.
The Constitution also contains provisions which guarantee certain minimum
rights for all its citizens and also specifies duties which the State should discharge forsocial and economic development of backward classes, specially Scheduled Castes and
Scheduled Tribes. The right s of the citizens a re gua ra nteed under t he Cha pter on
Fundamental Rights contained in Part-III of the Constitut ion. The duties of the State
are included in the Chapter on Directive Principles of the State Policy.
Article 46
under the Directive Principles of State Policy provides that “The State
shall promote with special care, the educational and economic interest of weaker
sections of the people and in pa rt icula r of Scheduled Ca stes a nd S cheduled Tribes an d
shall protect them from social injustice and all forms of exploitation”.
Article 366 (24) defines S cheduled Ca stes a nd Article 341 identifies the process
through which such groups will be identified. Similar provisions have been made for
S cheduled Tribes in Article 366(25) and Article 342 respectively.
The C onstitut ion provides various safeguards t o implement objectives enshrined
in th e preamble to th e Constit ution. These safegua rds include social, economic, educa tiona l,
cultural, political and service.
Social safeguards are contained in Article 17, 23, 24 a n d 25(2)(b) of the
const itut ion. As per Article 17, untouchability is abolished and its pract ice in any
form is forbidden. The enforcement of any disability arising out of “untouchability has
been mad e an offence punishable in a ccordan ce w ith t he law.” Tw o importa nt legisla tions
have been enacted to give effect to contents of this article. The Protection of CivilRights Act, 1955 has been enacted with the objective of providing punishment for
preaching and practice of untouchability, in the enforcement of any disability arising
therefrom and for matters connected therewith. Article 25(2)(b) provides that Hindu
religious Institutions of a public character shall be open to all classes and sections
of Hind us. The term “H indu” includes persons professing Sikh, J a in, an d B uddhist
religions. This provision strikes against the opinion held by some sects of Hindus that
members belonging t o Scheduled Ca stes / Scheduled Tribes ha ve no right to enter th e
temples. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
1989 seeks to prevent the commission of offences against the members of Scheduled
Ca stes a nd S cheduled Tribes.
Article 23 prohibits traffic in human beings and ‘begar’ and forced labour in
any form and contravention of this provision has been made an offence punishable in
a ccordan ce w ith la w. In pursua nce of this Art icle, Bonded Labour System (Abolition)
Act, 1976 has been enacted and a special programme for identification of bonded
labourers, their liberation and rehabilitation has been in existence to operationalise its
provisions. While this Act does not specifica lly ment ion Scheduled Ca stes a nd S cheduled
Tribes, it is of special significa nce for th em because m a jority of the bonded la bour belongs
to Scheduled Ca stes a nd S cheduled Tribes.
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Article 24 provides tha t no child below the age of 14 years shall be employed
to work in any factory or mine or engaged in any hazardous employment. There are
Central and State Laws to prevent child labour pract ices and providing relief to those
engaged as child labour. The Central law is The Child Labour (Prohibition and
Regulation) Act, 1986. A large number of child labourers engaged in hazardous
employment belong t o Scheduled C a stes a nd S cheduled Tribes.
ECONOMIC SAFEGUARDS
The provisions of Articles 23, 24 [referred to above] and 46 form part of economic
sa feguar ds for Scheduled Ca stes a nd th e Scheduled Tribes. Article 46 provides that
State shall promote with special care the educational and economic interests of
weaker sections of the people an d, in pa rt icular, S cheduled Ca st es/Schedu led Tribes
and shall protect them from social injustice and all forms of exploitation. It is in
pursua nce of th is Article tha t special progra mmes for extending educat iona l opport unities
to Scheduled Ca stes a nd Scheduled Tribes have been ta ken up. Instit utional a rra ngements
for their development, including earmarking of specific percentage of funds from the
budget for various development activities in the form of a Special Component Plan for
Scheduled Ca stes a nd Triba l Su b-plan for Scheduled Tribes ha ve also been in operat ion
for a long time.
EDUCATIONAL AND CULTURAL SAFEGUARDS
Article 15(4) empowers the State to make special provisions for advancement of
any socially and economically backward classes or citizens and for Scheduled Castes/
Scheduled Tribes. This provision ha s ena bled the S ta te t o reserve sea ts for Scheduled
Ca stes/Scheduled Tribes in educat iona l inst itut ions including t echnical, engineering a ndmedical colleges.
Article 29(1) provides that “Any section of the citizens residing in the territory of
India or any part thereof, having a dist inct la ngua ge, script or culture of i ts own sha ll
have the right to conserve the same”.
Article 350(a) provides for a dequa te fa cilities for inst ructions in the mother t ongue
at the primary stage of education for children belonging to linguistic minority groups.
The a bove Art icles ha ve releva nce for S cheduled Tribes a s some of th em ha ve a
distinct lan gua ge/dialect.
POLITICAL SAFEGUARDS
Article 164(1) provides tha t in t he specific Sta tes there sha ll be a Minister in charge
of tribal welfare who may, in addition be in charge of welfare of Scheduled Castes,
Backward Classes or any other work.
Article 330 provides for reservation of seats for Scheduled C a st es/Schedu led
Tribes in Lok Sabha.
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Article 332 provides for reservation of seats for Scheduled C a st es/Schedu led
Tribes in St a te Vidhan Sabhas.
Under Article 243(D), reservation of seats in Village Panchayats, Zila P arisha ds
ha s been ma de for Scheduled Ca stes /Scheduled Tribes in proport ion to their populat ion
at respective level in direct election. It has also been provided that the reserved seatsfor Scheduled Ca stes/Scheduled Tribes sha ll be a llot t ed by r ota t ion t o different
constituencies in Panchayat at each level.
Under Article 243-T, reservation of seat s for S cheduled C a stes /Scheduled Tribes
in proportion to their population has been made in municipal bodies at each level.
Out of these reser ved sea ts for S cheduled Ca st es/Schedu led Tribes, a t lea st l/3rd ha s been
reser ved for S C/S T w omen.
Articles 371, 37l(b), 371(c), 371(f),371(g) and 371(h) deal w ith s pecial provisions
in respect of North Eastern States.
SERVICE SAFEGUARDS
Article 16, w hich provides equality of opportunity for a ll cit izens in ma tt ers rela t ing
to employment or appointment to any of f ice under the Sta te and prohibi ts any
discrimina tion on grounds of religion, ra ce, cast e, sex, descent, pla ce of birth , residence
or any or all of them, has made a very special provision which permits Parliament to
make any provision for reservation of appointments or posts in favour of any
ba ckw a rd class of citizens w hich, in the opinion of the S ta te, is not a dequa tely represented
in the services under the State. I t is through this provision that reservat ions in
a ppointm ents a nd promotions for Scheduled Ca stes a nd Scheduled Tribe and for OBC s
in the matter of recruitment have been made.Under Article 16(4)(a), th is benefit of reservation in the matter of promotion
ha s been extended to Scheduled Ca stes a nd S cheduled Tribes to overrule t he judgment
of the Supreme Court.
Article 16(4)(b) ha s further ma de provisions to permit backlog vacancies a s a
separ at e cat egory in a ny yea r for determining the ceiling of 50% reservat ion on tota l
number of vacancies that year.
Article 335 provides that the reservat ion provisions shall be made taking into
considerat ion efficiency of administrat ion. Through a specific amendment to the
Constitut ion, the Sta te has been empowered to make any relaxation for qualifyingmark in an y examina tion or lowering the sta nda rds of evalua tion for enforcing reservat ion
in matters of promotion to any class or classes of service or posts in connection with
the affairs of the Union or of the State.
In addition to the protections referred to above, which deal with both Scheduled
Ca stes a nd Scheduled Tribes, specia l safegua rds ha ve also been ma de for S cheduled
Tribes.
Article 244 provides for legislation for special problems for Scheduled areas and
lay s down provisions of the 5t h Schedule in respect of a dminist ra tion a nd contr ol of such
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areas. Provisions have also been made for administrat ion of tribal areas in the 6 t h
Schedule.
5th Schedule to the Constitution, under Article 244(1) authorizes the Governor
to direct that a part icular law or notif icat ion passed by Parliament or Legislat ive
Assembly shall not apply to the scheduled area or any part thereof or shall applysubject to certain exceptions and modifications. Governor is also authorized to make
regulation for peace and good government in the scheduled areas of the State.
Article 275(1) provides that specific allocat ions may be made from the
Consolidated Funds of India to give as grant-in aid for each such area for meeting
th e cost of schemes of development a nd for promoting th e w elfare of S cheduled Tribes
in the State. Similar provision exists for such special grants for the 6t h scheduled area.
Article 338 of the Constitution provides for a National Commission for Scheduled
Ca stes a nd S cheduled Tribes an d specifies the functions it w ould discha rge a nd th e
report i t is required to present to the President .
A. FOR ENFORCING EQUALITY AND REMOVING DISABILITY
1. Untouchability Offences Act, 1955
Through Article 17 of the Constitut ion, untoucha bility w as abolished an d its pract ice
in any form had been abolished. Untouchability means the practices evolved as social
restrictions in sharing food, access to public places, offering prayers and performing
religious services, entr y in t emple and oth er public places and denial of a ccess to drinking
w a ter sources, etc. Within 5 year s of a doption of Const itut ion of India , the U nt oucha bility
(Offences) Act, 1955 was enacted by the Parliament. The Act contained a significant
provision tha t w here an y of the forbidden pra ctices “is committ ed in relation to a m ember
of a S cheduled Ca ste” the C ourt sha ll presume, unless the contra ry is proved, tha t such
act was committed on the ground of “Untouchability”. This implied that the burden of
the proof lies on the accused and not on the prosecution.
Soon after that Act came into force there was a general feeling of dissatisfaction
w ith its impact a s th e legislat ion failed to serve the purpose for w hich it wa s enacted.
The punishments a wa rded under the Act were a lso not adequa te. G overnment of India ,
therefore, appointed a Committee in April 1965 under the Chairmanship of Shri Ilaya
Perumal to study, inter-alia, problems of Untouchability vis-a-vis the working of the
Untouchability (Offences) Act 1955 and to suggest changes therein. The Committee’s
report was submitted in 19692.
2. Protection of Civil Rights Act, 1955
B a sed on th e recommenda tions of the Comm itt ee, this Act wa s comprehensively a mended
in 1976 and its name was changed to “The Protection of Civil Rights Act, 1955”. The
amended Act came into force from 19 th November 1976. Under this Act, the preaching
and practice of ‘Untouchability’ or the enforcement of any disability arising therefrom
2Naval, op. cit . , p. 22 also Sixth Report, op. cit . , p. 206
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and for matters connected therewith, was made cognizable and non-compoundable
offence and the terms of imprisonment were enhanced. The State Governments have
been empowered to impose collective fines on t he inha bita nts of any ar ea found committing
and abetting the commission of untouchability offences. This Act, along with the Rules
fra med th ereunder, lays down ela borat e procedure for ensuring protection of th e victims
of such practices by providing for special courts, special prosecution, fixing period for
investigation, etc.
B. FOR CREATING DETERRENCE AGAINST PHYSICAL VIOLENCE
Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989
The enforcement of P rotection of Civil Right s Act, 1955 also brought to t he fore limita tions
both of the law as well as i ts implementa t ion in eliminat ing the pra ct ice of untoucha bility
in view of its entrenched position in the psyche and behaviour of the caste Hindus and
their resistance to change. Society as a whole never accepted the Protection of Civil
Right s Act3
. Meanw hile various at rocit ies aga inst scheduled castes a nd scheduled tribescontinued to be committed in different parts of the country. It was realized that even
the amended Protection of Civil Rights Act, 1955 and normal provisions of IPC did not
provide deterrence in preventing violence on scheduled castes and scheduled tribes
especia lly offences committ ed on cast e grounds 4. Accordingly, P a rliam ent pa ssed a nother
law called “Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989”. The Rules under the Act were framed in 1995 to prevent commission of
a tr ocities ag a inst m embers of th e Schedules Ca stes a nd Tribes, to provide for specia l
courts for the trial of such offences and for the relief and rehabilitation of the victims
of such offences and for matters connected there with or incidental thereto.
In the ‘St at ement of Objects a nd Rea sons’ appended to th e B ill when it w a s moved
in the P ar liament, i t w as observed th at despite various measures to improve the socio-
economic conditions of Scheduled Ca stes a nd S cheduled Tribes, they still rem a ined
vulnerable. They are denied a number of civil rights and are subjected to various
offences, indignities, humiliation and harassment. They have been, in several brutal
instances, deprived of their life and property. Serious atrocities are committed against
them for various historical, social and economic reasons 5. The Act, for the first time,
lays down the contours of ‘atrocity’ so as to cover all multiple ways through which
members of scheduled castes and scheduled tribes have been for centuries humiliated,
brutally oppressed, degraded, denied their economic and social rights and relegated to
perform the most menial jobs.
The objectives of the Act very clearly emphasise the intention of the Government
to deliver justice to these commu nities th rough a ffirma tive a ction to ena ble them to live
3Cha udha ry, TK, the then IG P for PCR C ell, Maha rash tra quoted in Huma n Rights Wat ch, Br oken P eople,
p. 1834St at ement of Objects and R easons for Scheduled Ca stes a nd th e Scheduled Tribes (P revention of Atr ocities)
Act, 1989; Also see Naval, op. cit., p. 245Naval, op. cit . , p. 24
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in society with dignity and self-esteem and without fear or violence or suppression
from the dominant castes. The Act provides for strong punishment and compensation
to vict ims and also lays down preventive measures.
C. FOR ELIMINATION OF DEGRADING & HUMILIATING CUSTOMARY
PRACTICES
1. Employment of Manual Scavengers and Construction of DryLatrines (Prohibition) Act, 1993
The most degrading of all occupations and forms of labour thrust upon untouchables
by the caste based social order is that of manual scavenging. Members of communities
who are engaged in manual scavenging are made to clear faeces from public and
private latrines, using broom, t in plate and a basket and carry them to dumping
grounds or disposal sites. Those working in private establishments and households
are paid very low wages 6. In cities, scavengers are lowered into filthy gutters in order
to unclog them and are fully immersed in human waste without any protect ive gear.
A number of them die as a result of carbon monoxide poisoning7.
The prac t ice of manual scavenging has been prohibi ted by law under the
Employment of Manual Scavengers and Construction of Dry Latrines
(Prohibition) Act, 1993. The Act bars any person to engage in or employ or promote
to be engaged in or employed any other person for manually carrying human excreta
or construction of a dry latrine. The Act also empowers the State Governments to
make one or more schemes for regulating conversion of dry latrines into water sealed
latrines and rehabilita t ion of persons who were engaged in or employed for manual
scavenging. The Act mandates a time bound phased programme for conversion of dry
latrines into water sealed latrines, provision of technical or financial assistance for
alternate low cost sanitat ion, construction and maintenance of community latrines,
registrat ion of manual scavengers and their rehabilita t ion. The Act makes violat ion
of the law an offence punishable with imprisonment for a term which may extend to
one year or with f ine or with both 8.
In pursuance of the Act, Ministry of Urban Development operates a scheme for
conversion of dry latrines into water sealed latrines, in which some element of subsidy
is provided by the Central Government. Ministry of Rural Development administers
Rural Sanitat ion Programme for construction of sanitary latrines in rural areas for
conversion of dry latrines into wet latrines and construction of village complex for
w omen. Ministr y of Social J ustice & Em pow erment h a s a centra lly sponsored scheme,
called the National Scheme for l iberat ion and rehabilita t ion of scavengers. This
Ministry, through another scheme, provides pre-matric scholarship to children of
those engaged in unclean occupations 9, which is intended to benefit children of
scavengers primarily. Government of India has also set up a National Commission for
6Hu ma n Right s Wa tch, B roken P eople, op. cit . , p. 141
7Human Rights Watch, op. cit . , p. 141
8Section 14 of the Act - See National Commission for Safai Karamcharis - A Hand Book - 2000, p. 2
9National Commission for Safai Karamcharis - A Hand Book, op. cit . , pp 6-8
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Safai Karamcharis under an Act of Parliament to monitor progress of the programme
on elimination of manual scavenging and the rehabilita t ion of l iberated scavengers.
2. Devdasi System Abolition Acts
Devdasi means a female servant of God. This ancient system entails the ceremonial
or ritua l dedicat ion or ma rriage of a girl , t ra dit iona lly from S cheduled C ast e community,who is yet to at ta in the age of puberty, to a deity or to a temple. Devdasis originally
had only religious functions, but the practice subsequently degenerated into sexual
abuse of these women by high priests and royal patrons and, la ter, by landed gentry
and other powerful persons. Once dedicated, the Devdasi girl cannot marry and is
forced to become a prostitute for caste Hindus and eventually auctioned to a brothel 10.
The pract ice is prevalent largely in Karnataka, Andhra Pradesh, Maharashtra and
Orissa. There is no nat ional legislat ion outlawing the pract ice of Devdasi system.
However , Andhra Pradesh has enac ted a law ca l led “Andhra Pradesh Devdasi
(Prohibition of Dedication) Act, 1988 which provides for rehabilitation of such women,
Karna t aka Government has a l so enac ted the Karna t aka Devdas i (Proh ib i t ion o f
Dedication) Act, 1992.
D. FOR PREVENTING CONTROL OVER FRUITS OF LABOUR
Bonded Labour System (Abolition) Act, 1976
Bonded Labour system refers to work in slave like conditions in order to repay a debt.
The poor people lar gely belonging t o Scheduled Ca st es a nd S cheduled Tribes incur
debt for survival and meeting certain urgent and basic necessities of life for which
they are charged exorbitant interest. Due to their illiteracy, lack of bargaining power
and extremely low wages, creditors manage to create a situat ion where the debt is
never liquidated and consequently the debtor has to render labour in lieu thereof.
The Bonded Labour System (Abolit ion) Act , 1976 abolished all agreements and
obligat ions, including customary sanctions which permit bonded labour system in
va rious forms. The Act a lso released a ll such la bourers from t hese obliga tions, cancelled
their outstanding debts and prohibited creat ion of any new bondage agreement. The
Act also mandatorily provided for economic rehabilitation of freed bonded labour by
th e St a te. K eeping a bonded labour is a violat ion of law and is punishable with sentence
of 3 year s imprisonment a nd a fine of Rs. 2,000/-. Mini st ry of La bour opera tes a cent ra lly
sponsored scheme for rehabilitation of released bonded labourers.
The Minimum Wages Act, 1948
This Act provides for fixing of minimum rates of wages in different employments and
appointment of Committees or Subcommittees for this purpose. The act also fixes the
norms of hours of work, rest and overtime rates. The machinery for enforcement of
the Act has also been provided for.
Equal Remuneration Act, 1976
The Act mandates that there shall be no discrimination in the payment of wages to
women workers performing same or similar nature of work as men.
10Quoted in H uma n Right s Wa tch, B roken People, op. cit . , 151
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Child Labour (Prohibition and Regulation) Act, 1986
The Act prohibits the engagement of children in certain employments and regulates
the conditions of work of children in certain others. It outlines severe penalties for
th ose violat ing it s provisions. The Act a lso provides for a Ch ild La bour Technical
Advisory Committee to advise the Central Government on which occupations and
industrial processes the employment of child labour should be prohibited.
Various other laws which prohibit the employment of child labour on grounds of
safety, etc. include The Children (Pledging of Labour) Act, 1933, The Employment of
Children Act, 1938, Factories Act, 1948, Plantation Labour Act, 1951, The Mines Act,
1952, The Mer cha nt S hippin g Act, 1958, The M otor Tra ns port Worker s Act, 1961, The
Bidi Cigar Workers (Conditions of Employment) Act, 1966, The Shops and Commercial
Establishment Acts, etc.
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
The Act, as t he tit le suggests, la ys dow n th e conditions of employment of migran t la bour
to protect them from exploitation by contractors, middlemen and employers. It applies
to establishments employing five or more than five migrant workmen and provides for
issuan ce of license to contr a ctors w ho supply migra nt labour. It a lso fixes the responsibility
of Principal Employer with regard to fulfillment of conditions pertaining to payment of
w a ges an d w elfare mea sures by t he contra ctor. Violat ion of the provisions of the Act ha s
been made punishable.
E. FOR CURBING UNEQUAL DISTRIBUTION OF ECONOMIC ASSETS
1. Land Reform Laws
The Agrarian structure in the country prior to independence was characterised by high
degree of concentration of land by a small section of society and the actual cultivators
of land were acutely exploited by them. Land Reforms Policy, introduced in the country
after independence, introduced a five fold programme to check this concentration of
economic power. The policy abolished int ermedia ries from ow nersh ip of la nd a nd conferred
this right on the tillers of the soil. It also abolished tenancy as a form of cultivation
a nd ma nda ted th at the a ctua l t i l ler of the soil should be its owner. A ra dical redistribution
program me of lan d a mong the landless agricultura l labour wa s underta ken by introducing
ceiling on land holding and acquisition of surplus land for this purpose. Through the
programme of consolidat ion of land holdings, arrangements were made under which
small parcels of land could be exchanged for a compact contiguous plot through mutualadjustment in the village. Land records were also sought to be updated so that rights
and interests of cult ivators were safeguarded against manipulat ion. Land reforms laws
w ere ena cted a nd other regulat ory a rra ngements w ere made giving effect t o this policy
by a l l S ta tes .
2. Debt Relief Legislations
In debt edness is a chronic problem of a ll poor persons but it a ffects S Cs /S Ts more severely.
Indebtedness arises because of their poverty and therefore need to borrow for
subsistence and to meet other emergent social expenditure like illness, marriage, etc.
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Since no such credit is available from institutional sources, money is borrowed from
private money lenders who charge exorbitant rates of interest . Due to their inability
to pay back, the borrowers are enmeshed in a vicious cycle of debt-bondage.
Several States have enacted legislation to regulate money lending activity, impose
limit on gross rate of interest and nullifying loans given by unlicensed money lenders,dischar ging debt incurred before a s pecified dat e, etc. Special fea tur es ha ve been inserted
in these legislations for the benefit of SCs a nd STs. These law s w ere ena cted in the lat e
70’s and early 80’s. The provisions of these legislations have considerable relevance for
SC s (also STs) as t heir enforcement ca n help th em disenga ge from exploita tive money
transaction on this account relationship and use their meager income for their benefit .
F. FOR POSITIONING WATCHDOG ARRANGEMENTS
1. National Commission for SCs and STs
In view of their weak social posit ion, i t had been realized at the t ime of framing the
Const itut ion itself, tha t sa feguar ds provided for SCs /STs in its provisions a nd a lso oth erlaws, regulatory arrangements and policy measures, may not get implemented due to
apathy or bias of the implementing agencies or pressures mounted by vested interests
in the civil society who stood to lose from them. Accordingly, the need was felt to have
a sta nding body a s a wa tchdog inst itut ion to continuously monitor wh ether the a ct ivit ies
of the Government are in consonance with the declared intentions, designed legal &
institut iona l a rra ngements and policy sta tements. A perma nent institut iona l a rra ngement
called the Special Officer for SCs and STs incorporated under Article 338 of the
Constitut ion served this purpose. Later, this arr an gement w as strengthened an d in 1990
the Constitution was amended providing for a multi-member National Commission for
SC s a nd S Ts w ith enha nced powers. The Commission is required to submit report
annually to the Parliament. The first Constitut ional Commission became operat ional
on 12th March 1992.
2. National Human Rights Commission
The Human Rights Act, 1993 seeks to provide regulatory framework for protection of
rights relat ed to life, liberty, equality, dignity of individuals gua ra nteed by th e Constitut ion
or embodied in the I nterna t ional Covenants an d enforceable by courts in India . Section
3 of t he Act provides for constitution of National Human Rights Commission and
Section 21 provides for const itut ion of State Human Rights Commission. In pursuan ce
of Section 3, a National Human Rights Commission is already in existence since
12t h
October, 1993. It takes up the cases regarding human rights violations addressedto it a nd thr ough its ow n init ia t ive. As a trocit ies on SC s a re violat ion of Huma n Rights,
it intervenes in complaints relating to them also. The Commission is also required to
submit a report annually which is la id on the table of both Houses of Parliament.
3. National Commission for Women
Section 3 of National Commission for Women Act, 1990 provides for the constitution of
National Commission for Women to invest igate and examine all matters relat ing to
safeguards provided for the women under the Constitut ion and various other laws.
The First National Commission was constituted on 31 st J an uar y, 1992. It ta kes up
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complaints of women referred to it for redressal irrespective of caste. Accordingly,
problems of SC women including those of physical violence against them are also dealt
with by it . As other statutory Commissions, the Commission has to submit a report
annually which is la id on the table of both the Houses of Parliament.
4. National Commission for Safai KaramcharisThis Commission was set up under the National Commission for Safai Karamcharis
Act, 1993 on 12th August, 1994 for a period of three years. But its tenure has been
extended from time to time. Unlike the other three Commissions, this Commission
does not ha ve a perma nent st at us perhaps because it w as set up to look after a specific
programme of l iberat ion and rehabilita t ion of scavengers and may be wound up after
this programme is completed. This Commission also submits a report every year
which is la id on the table of both Houses of Parliament.
International Standards Applicable to India
Various Internat ional Human Rights covenants and conventions applicable to India ,
include:
(a ) Un iversa l Decla ra t ion o f Human Righ t s 1948,
(b) Interna t iona l Covenant on Civil and P ol it ica l Rights 1966,
(c) In terna t iona l Covenant on Economic, Socia l a nd Cultura l Rights 1966,
(d) Interna t iona l C onvent ion on El iminat ion of a l l forms of Racia l Discr iminat ion
1965,
(e) Convention on E limina tion of a ll forms of Discriminat ion a gainst Women 1979,
(f) Convent ion on Rights of the Child 1989,
(g) ILO Convention No. 29 - Forced Labour Convention 1930,(h) ILO Convent ion No. 111 - Discr imina t ion (Em ployment and Occupat ion)
Convention 1958,
(i) ILO C onvention No. 107 - Indigenous P eoples Convention 1957.
All the above have been signed and rat if ied by the Government of India . In
addi t ion , the Convent ion aga inst tor ture and other cruel , inhuman or degrading
treatment or punishment (1984) has also been signed but not yet ratified. There is
pressure on Government of India to ratify it since mechanisms have been provided
against the pract ice of torture and Courts and National Human Rights Commission
ha ve also issued direct ions in this ma tt er11. These interna t ional instruments lay down
norms and standards for treatment of individuals and groups and protect ion of their
rights. As a result of these conventions, Government of India is required to submit
periodical reports to the concerned internat ional organizat ions monitoring their
enforcement. The concerned Committees of these organizations make observations
or furnish comments on the reports submitted12.
11Statement of the Chairman, NHRC recent ly while inaugurat ing a SAARC Conference on pract ice of
torture.12
Sakshi, Dalit Human Rights Monitor-2000, Andhra Pradesh, p. 152
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SECTION – IV
PPPPPROROROROROTECTIONTECTIONTECTIONTECTIONTECTION::::: TTTTTHEHEHEHEHE MMMMMISSINGISSINGISSINGISSINGISSING DDDDDETERRENCEETERRENCEETERRENCEETERRENCEETERRENCE
In the last Sec t ion, reference was made to the elabora te f ramework of laws and
regulatory arrangements which are intended to enforce the const itut ional provisions
and administer social justice to SCs. This Section will examine how far the declared
intentions and object ives in these arrangements have materialized. In the course of
this scrutiny, observat ions and comments would be offered on the status of their
implementation and the social constraints which condition this effort. The impact of
the entire strategy of protect ion in relat ion to atrocit ies against SCs would thus be
assessed . In doing so the laws which respond to d isabi l i ty and violence aga inst
Scheduled Castes would be dealt with in detail while other laws and regulat ions
would receive brief treatment .
A. FOR ENFORCING EQUALITY AND REMOVING DISABILITY PROTECTION OF CIVIL RIGHTS ACT, 1955– THE LAW1
The Act deals with enforcement of any disability arising out of untouchability practices
with the object ive of punishing persons preaching and pract ising untouchability .Section 3 of the Act prohibits religious disabilities such as preventing persons from
entering into a place of public worship, performing any religious service, bathing or
using water of any sacred water body. Section 4 prohibits social disabilities like
preventing access to shops, restaurants, hotels, public conveyance and places, use of
separ a te ut ensils, etc . Section 15-A man dates the Sta te to ensure tha t r ights accruing
from abolition of untouchability are enjoyed by those who are victims of the practice
and provides for a higher punishment if a person resorts to reprisals or revenge for
having exercised any right on account of abolition of untouchability. There is also a
provision for setting up Vigilance and Monitoring Committees-as provided for under
Section 16(8). The Protection of Civil Rights Rules were also framed and notifiedin 1977.
PROTECTION OF CIVIL RIGHTS ACT, 1955 - THE STRUCTURE
Section 15 (2) of the Act directs the state to take specified administrat ive measures
for implement a tion, such as set ting u p of Special C ourts for tria l of offences, appoint ment
1The Protection of Civil Rights Act, 1955, formerly known as Untouchability (Offences) Act, 1955 as
amended in 1976
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Protection: The Missing Deterrence 21
of officers for initiating or exercising supervision over prosecutions initiated under
the Act, setting up of Committees for monitoring and guidance, etc.
I t a lso makes arrangements for legal a id to the vict ims and preventive measures
such as periodic survey on the working of the Act and identification of areas where
disabilities arising out of practice of untouchability have been observed with a view to adopting suitable measures for their eliminat ion.
The Central Government has been entrusted with the task of coordinat ing with
the State Governments measures taken by them for implementat ion of the Act and
is required to place on the table of both Houses of Parliament a report every year
on the measures taken by itself and the State Governments.
ADMINISTRATIVE ARRANGEMENTS
The fol lowing s ta tement would show the administ ra t ive arrangements made and
other measures taken by various State Governments in pursuance of the Act for i tsimplementa t ion.
The S t a tement wou ld show tha t the S t a t e Governments have not t aken the
implementat ion of the Act very seriously. P unjab a nd West B engal h ave not t aken a ny
administrat ive measures for implementat ion of the Act . West Bengal Government has
claimed that untouchability is not practiced there. This itself would indicate the lack
of their seriousness with regard to the implementat ion of the Act . Several major
Sta tes , such as Assam, Bihar , Ut tar Pradesh Rajasthan, e tc . have not const i tu ted
special courts un der the Act . In forma tion about Andhra P ra desh, among ma jor Sta tes,
is not available. Madhya Pradesh has even wound up the special courts which it had
set up because of small number of ca ses. None of the Sta tes, except G ujar at , Maha ra shtr a
and Rajasthan, have identif ied untouchability prone areas. The work in relat ion to
Madhya Pradesh is in progress. Even an innocuous provision like incentives for inter-
caste ma rr ia ge has not been implemented in Rajast ha n, Ta mil Nadu, U.P . and
Uttaranchal. In respect of Assam, requisite budgetary provision has not been made
for the Scheme2 and in respect of Bihar no information has been furnished. I t will
thus be evident that States in general have shown no keenness or enthusiasm to
implement various provisions of the Act. The impression thus conveyed is that either
the problem of untouchability does not exist or its incidence is so negligible that it
is not worthy of much at tention. This clearly shows the inability or perhaps the
unwil l ingness of the Sta te Government to come to gr ips with the prac t ice ofuntouchability, particularly in its most subtle forms at various levels in society.
2Sixth Report, op. cit . , p. 60
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22 Report on P revention of Atrocities Aga inst SC s & STs
M e a s u r e s
t a k e n
b y
S t a t e G o v e r n m e n
t s / U n
i o n
T e
r r
i t o r y
A d m
i n i s t r a
t i o n s u n
d e
r P
r o
t e c
t i o n o
f C i v i l
R i g h t s A c
t , 1
9 5 5
d
u r
i n g
t h e y e a r 2
0 0 0
S t a t e s / U T s
C o m m i t t e e s
A d m n .
S p e c i a l
L e g a
l
U n t o u c h .
I n t e r - c a s t e
P u
b l i c i t y
O t h e r
M a c h i n e r y
C o u r t s
A i d
p r o n e
m a r r i a g e
m e a s u r e s
M e a s u r e s
a r e a s
A s s a m
N o
N o
B u
d g t .
p r o v n b u t
n o
s a n c t i o n
B i h a r
N o
S p l .
P o l i c e
S t a t i o n
G o a
N o
N o
N o
G u j a r a t
2 1 d i s t s
A s s i s t a n c e
t o v i c t i m s
H a r y a n a
N o
A w a r d t o
P a n c h a y a t s
H i m a c h a l
N o
N o
P r a d e s h
J h a r k h a n d
K a r n a t a k a
K e r a l a
C o m m u n i t y
f e a s t s / s e m i n a r s
M a d h y a
S p . c o u r t s
W o r k
S p l . P o l i c e
P r a d e s h
w o u n d U p
U n d e r
S t a t i o n s
b e c a u s e o f
p r o g r e s s
l o w N o . o f
c a s e s
M a h a r a s h t r a
U n d e r
2 0
E x h i b i t i o n ,
c o n s i -
d i s t s
e t c . ,
d e r a t i o n
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Protection: The Missing Deterrence 23
S t a t e s / U T s
C o m m i t t e e
s
A d m n .
S p e c i a l
L
e g a l
U n t o u c h .
I n t e r - c a s t e
P u b l i c i t y
O t h e r
M a c h i n e r y
C o u r t s
A
i d
p r o n e
m a r r i a g e
m e a s u r e s
M e a s u r e s
a r e a s
O r i s s a
N o
P u n j a b
N o
N o
N o
N o
R a j a s t h a n
T a m i l N a d u
1 9 4 V i l l .
C o m m u n i t y
f e a s t s / a w a r e n e s s
P r o g r a m m
e s
T r i p u r a
N o t r e q d .
N o
B u d g e t a r y
u n d e r P C R A
P r o v
i s i o n B u t
b u t 4 c o u r t s
n o i n
t e r c a s t e
u n d e r P O A
m a r r i a g e h e l d
U P
N o
A w a r e n e s s
P r o g r a m s
U t t a r a n c h a l
N o
A w a r e n e s s
P r o g r a m s
W e s t B e n g a l
N o
N o
N o
N o
N o
C h a n d i g a r h
N o
N o
D a d a r &
N o
N o
N a g a r H a v e l i
D a m a n &
N o
N o
N o
N o
N o
N o
N o
D i u
D e l h i
N o
N o
N o
N o
P o n d i c h e r r y
N o
N o
A w a r e n e s s
P r o g r a m s
S o u r c e : A n n u a l R e p o r t o f t h e
M i n i s t r y o f S J & E ( T w e n t i e t h R e p o r t ) o n t h e P C R A c t , 1 9 5 5 f o r t h e y e a r 2
0 0 0
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VOLUME OF CASES
With regard to the enforcement of the Act, the following statement contains details
of the cases registered under the old and amended Acts from 1955 to 2000:
Year No. of cases Registered
1955 180
1956 693
1957 491
1958 559
1959 481
1960 275
1961 489
1962 389
1963 393
1964 371
1965 366
1966 488
1967 353
1968 214
1969 329
1970 364
1971 526
1972 1515
1973 2456
1974 1908
Year No. of cases Registered
1975 3528
1976 5108
1977 3425
1978 4729
1979 4911
1980 4303
1981 4085
1982 4087
1983 3949
1984 3925
1985 3332
1991 2944
1992 2900
1993 2531
1994 1731
1995 1528
1996 1417
1997 1216
1998 724
1999 678
2000 666
Sour ce: Na t ional Crimes Records Bureau, Crime in India
This statement shows that number of cases registered was very low right from
the inception of the Act, but picked up only from the year 1972. There was, however,
a substantial increase in the number of cases registered from 1976 when the old Act
was comprehensively amended. However, the number of registered cases are showing
a progressive decline over the years and their number has gone down considerably
since 1998. Ordinarily, these statistical details may lead to the conclusion that the
problem of untouchability is gradually disappearing.
But this inference is hardly tenable. The data about the status of prosecution for
the year 2000 presented in the 20 t h Report la id by t he Ministry of Social J ust ice an d
Em pow erment on 23.4.2002 indicat es tha t 62.37% of tota l number of ca ses registered
ha ve come from A.P. an d second in order is Ka rna ta ka, w hich a ccounts for 11.45%.
No cases were registered from such major States as Bihar, Gujarat , Kerala , Punjab,
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Protection: The Missing Deterrence 25
U .P. , Ut t ara nchal , Assam and West B engal3. Ca n it be said th a t unt oucha bility pract ices
have ceased to exist? Obviously not. The investigation of cases dealt with by Police
sh ows hu ge penden cy. Of th e tota l nu mber of 2086 cas es, 1216 (58.29%) a re st ill
pendin g w ith police a nd only 618 ha ve been cha rge-sheet ed (29.63%). The posit ion
in respect of pendency in Courts is even worse. 7,366 cases out of 9,949 cases, were
pending w ith Court s. Only 271 (02.72%) cases h a ve ended in conviction w hile a s la rge
a s 2312 (23.24%) ha ve ended in a cquit ta l4. It is not difficult to see that people have
lost fa ith in the enforcement of law an d tha t is the reason wh y no registra t ion is ta king
place. The large number of registered cases in A.P. and, to some extent, in Karnataka
may be reflective of the level of enthusiasm in certain areas or the support extended
by some NGOs/a ctivist organ izat ions before an d aft er compla ints a re registered. Some
critics have offered another explanation for low registration of cases. Since a more
deterrent law, i.e. Scheduled Ca stes a nd S cheduled Tribes (P revention of Atr ocities)
Act, 1989 has been enacted, it is likely that the prosecution authorities may not be
registering cases under the Protection of Civil Rights Act. The vigilant complainants
or the organizations backing them may also be preferring the Prevention of Atrocities
Act, 1989 for registration. But this has to be established empirically. Prima facie, it
does not appear convincing because even in respect of heinous crimes the police
ma chinery in ma ny S ta tes ha s been deliberat ely a voiding SCs a nd S Ts (P revention
of Atrocities) Act, 1989 and registering cases under IPC. In any case, the continuing
atrocities on Scheduled Castes are sufficient indication, if one is needed, that caste
based discrimination and disabilities still operate and violence is inflicted when they
raise their voice against i t and claim their const itut ional rights to equality .
Thus, the declining number of cases under Protection of Civil Rights Act does
not represent a marked reduction in the practice of untouchability. Rather, it is a
reflection on the ineffectiveness of law - a conclusion which tallies with the view
expressed by Na tiona l Commission for S cheduled C a stes/Scheduled Tribes in it s S ixth
Report 5.
State Governments have also shown no seriousness in identifying untouchability
prone a reas a nd even wh ere this ha s been done, there is no plan of act ion to eliminat e
th is pra ctice. There is very litt le publicity of the provisions of the Act, despite th e cla im
ma de by most S ta tes tha t t his ha s been done. No periodica l surveys are carried out a s
required. The Administrat ive arrangements, most notably the set t ing up of Special
Court s a nd a ppointm ent of Specia l P ublic P rosecutor for th e operat ion of the Act do not
exist in ma ny S ta tes. Even if some Sta tes did not feel the n eed for set t ing up of specialcourts exclusively for Protection of Civil Rights Act cases, they could have allotted the
tria l of ca ses under this Act a lso to the special courts wh ich a re dealing w ith cases under
th e Scheduled C a st es a nd S cheduled Tribes (Pr event ion of Atr ocities) Act, 1989. There
is virtually no monitoring of the implementation of the Act at any level. Vigilance and
3Annua l Report on t he P rotect ion of Civil Righ ts Act , 1955 for the y ear 2000 (Twent ieth R eport)
pp 3-44Twen tieth Report on P CR Act, op. cit . , pp 6-7: Also Annexure I a nd II .
5Sixth Report, op. cit . , p. 207
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Monitoring Committees, as prescribed under the Act, have not been constituted and
where such committees exist they hardly function. Meetings of these committees are
not held regularly. The quality of prosecution is poor because the functionaries
entrusted with the work lack both competence and motivat ion. Even the reports
prepar ed by th e Minist ry of Socia l J ust ice an d E mpowerment an d placed before
Parliament contain merely factual information received from States about registrat ion
and disposal of cases; various administrat ive arrangements made for the function of
the Act and funds spent , without any meaningful analysis of the performance of the
States which could form the basis for making corrective interventions.
A number of studies have been carried out on the practice of untouchability and
atr