The issues of the untouchable, caste-based discrimination and atrocities against them have been extensively debated in our socio-political movement during freedom struggle and later in the Constituent Assembly while framing the Constitution for modern democratic India. The Advisory Committee on Fundamental Rights headed by Vallabvai Patel moved a resolution to ban the untouchable practices and, as a matter of fundamental rights, Articles 14, 15, 16 and 17 are focused on Right to Equality and protection against discrimination.
The National Crime Records Bureau (NCRB) in its annual report on crimes in India captures the trends of crime in our country. The report contains crimes against the vulnerable social groups of our society such as women, children, senior citizens, as well as people hailing from historically oppressed communities like Scheduled Castes (SC) and Scheduled Tribes (ST). As it is mandated by the Prevention of Atrocities Act, 1989, cases of violence and discrimination against SCs and STs need to be recorded separately for review and monitoring purposes. These atrocities are primarily linked to the caste and ethnic related issues with the perpetrators usually belonging to the communities other than SCs and STs, i.e., mostly dominant caste and social groups of society. It is reported that in the year 2022 a total of 57,582 cases were registered for committing crime against SCs and 10,064 cases were registered for committing crime against STs in the country. It shows a consistent increase in the crime rate. In comparison to the year 2021, in 2022 the number of atrocities had increased by 14.3 percent in the case of STs while it has increased by 13.1% in the case of SCs. The crime rate also increased for both the communities.
The nature of cases reported include rape of women and children, attempt to rape, sexual harassment, acid attack, assault on women with intent to outrage her modesty, stalking, voyeurism, kidnaping and abduction, riots, robbery, arson, criminal intimidation, intentionally insult or intimidate with intent to humiliate, occupy/take possession of lands belonging to SCs and STs, prevent/deny or obstruct usage of public places/passages, force to leave the place of residence or social boycott and practices of untouchability. It has been a matter of deep concern for the State of Odisha that has a sizable population of SCs and STs. But the rate of crime and atrocities against SCs and STs is no way less than that of other States .The report says atrocities against SCs in Odisha showed an increasing trend during the last three years.
In 2019, the number of cases registered was 1,886; in 2020, it increased to 2,046, and in 2021 in was 2327. The number of cases further increased to 2902 in 2022. Same was the case of STs as the reported number of cases registered were 576 in 2019, which increased to 624 in 2020, and 676 in 2021. For the year 2022 the number was 773. Till the end of the year 2022, hundreds of cases of SCs and STs were pending investigation by competent authorities, and pending for trial in different designated special courts in Odisha.
It is argued by social activists and researchers working on implementation of the POA Act, 1989 that the reported data by the Home Department were the cases registered in different police stations of the State while there were an equal number of cases that went unreported due to a number of reasons. It is not easy to get the cases registered due to non-cooperation by police and many cases are settled under pressure by influential people of dominant caste and by mostly those belonging to ruling parties. Poverty, illiteracy, landlessness and economic dependency of the marginalised, especially the SCs and STs in Odisha make them more vulnerable to atrocities. Unfortunately, the institutional mechanism to monitor such cases of crime and atrocities against SCs and STs in the State has been dysfunctional as the State Vigilance and Monitoring Committee under the chairmanship of the Chief Minister has had no periodic review meetings for a long time, similar to the fate of district committees headed by the district Collectors. On the other hand, lack of organisation at the grassroots as self-defence mechanisms to provide security against organised atrocities has been largely absent due to lack of proper information about legal mechanisms. The rise in economic distress, landlessness, unemployment, migration and low income along with untouchability practice make their life miserable and defenceless.
There are also instances of false cases being registered against the poor and the marginalised SCs and STs to harass them and also to force the victims to withdraw the atrocity cases.The NCRB in its Prison Statistics India 2022 reports that the percentage of SC, ST, OBC, Muslim and Christian inmates is proportionately higher than their national population percentage. The SCs and STs constitute a higher proportion of the jail population of Odisha. Out of the total convicted and under trials of 18,936 , the SCs and STs comprise 5,629 and 4,761 respectively. It shows the vulnerability of the socially and economically marginalised groups in our continued criminal justice administration and their access to justice mechanism.
A study on women prisoners by the State Commission for Women, Odisha, revealed that about 63 per cent of women belong to the SCs and STs and other backward communities (OBCs) and a majority of them are economically poor and illiterate. The present scenario of criminal justice administration is extremely discouraging without a timely and fair trial to ensure justice. The provisions of the legal aid and justice delivery system have not served much to the marginalised section of our country, including backward States such as Odisha. Many of the innocent SCs and STs in south western part are jailed with accusations of Left-extremist involvement without a scope of representation to prove their innocence. The legal-aid authority and prisoners welfare fund has failed to cover major prisoners to ensure minimum humanitarian aid to the poor victims. Their suffering has been manifold, with a damaging impact on their family life. The long-delayed process of judicial trials for the illiterate poor has been an excruciating experience. While taking forward the agenda of economic growth and social development, the State Government must seriously look into the age-old issues of crime against its vulnerable social groups to build a socially inclusive Odia society.
(manasbbsr15@gmail.com)
