Non-functioning of Vigilance and Monitoring Committee headed by CM another worry
The makers of modern India wanted to build a society based on the principles of liberty, equality, fraternity and democracy as form of Government.
The Constituent Assembly debated over the idea of India for nearly three years to draft the Constitution. Sardar Patel made the move of Article 17 in the Constituent Assembly for abolition of untouchability, as a fundamental right, to protect the citizens.
In order to enforce this right, the Protection of Civil Rights Act, 1955 was enacted in the independent India but with its limited scope of intervention it was not sufficient to address the related issues arising out of untouchability and caste based crimes.
In 1989, the SCs and STs Prevention of Atrocities Act came into force and its rules were enacted in 1995. The POA Act was further amended in 2015 to make it more effective.So for 45 years after enforcement of the Constitution, there was absence of comprehensive legal instrument to address caste based atrocities, especially against SCs and STs in the country.
The Government of Odisha has enacted State operational guideline within the year 2000-2004 by declaring atrocity prone areas, special courts, relief for the victims, and contingency plan etc. So some one can better imagine that the enforcement of the Act has passed through many legal and administrative hurdles and above all in getting supportive political will and social mindset for its application.
The recent report on crime in the country published by the National Crime Records Bureau, Ministry of Home Affairs says that crimes against SCs and STs in the country have increased 7.3 per cent in 2019 than the previous year 2018. There were total 45,935 cases against SCs and 8,257 cases against STs registered in the year 2019. It is also reported that crime against women has increased and crime against SC and ST women has also increased, specially rape and sexual exploitation cases. It is reported that 3,486 rape cases for SCs and 1,110 rape cases for STs were registered.
In case of Odisha, 1,886 atrocity cases against SCs and 576 cases of atrocities against STs were registered in the State. It is a fact that there are a large number of cases which go unreported and solved amicable at police stations without registration. So the correct figure is more than the data available with the NCRB.
The SCs in the State are relatively more prone to heinous forms of atrocities and the nature of atrocities is manifold that includes rape ,murder, house burning, mass attack, physical and mental assault and torture, denial of access to basic amenities, like common property resources, cremation ground, bathing Ghats, public utilities and places of public worship etc. There are hundreds forms of untouchability practices in rural villages even in public places such as Aganwadies , schools, Panchayat offices, PDS centers and eateries in village market etc.
Though SCs and STs constitute 40 per cent of the population of the State and almost half of the geographical areas of the State is scheduled area with presence of a sizeable number of MLA from these communities, but their vital issues of fundamental rights are not being seriously discussed in the policy making bodies of people’s representatives.
The political parties and civil society organisations have not identified atrocities as one of the major hindrances in the path of development of a major section of people in the State. If atrocities against these marginalised vulnerable communities continue unabated, it will perpetuate more violence, social unrest and conflicts in society.
It is therefore necessary that the authorities consider the issues of the SCs and STs as grave social issues, rather than issues of a particular section and steps are taken to deal with them appropriately.
It is observed from the NCRB report that for last three years from 2017 to 2019 the number of cases has not decreased much. There was no case reported from the State under protection of civil rights Act.
The percentage of State share to all India is 4.1 per cent which is equal to Maharashtra and more than Gujarat. The States such as Bihar, UP, MP and Rajasthan have larger share of cases of atrocities which is nearer to 70 per cent.There are provisions under the POA Act to maintain the record of cases of atrocities against SCs and STs and share the data at appropriate bodies for its periodical review and monitoring.
There are dedicated bodies such as the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes and the Ministry of Social Justice and Empowerment for enforcement of this important Act for eradication of untouchability, caste based discrimination and atrocities against the members of SCs and STs as citizens of this country.
The report of atrocities from States must be discussed in the Parliament and similarly the situation of the States must be discussed in the State Assembly and every effort must be made for complete abolition of untouchability. It is mandatory for the States to periodically meet under the high powered Vigilance and Monitoring Committee headed by the Chief Minister to review the cases and steps taken by the Government as well as on the functioning of the criminal justice administration specially relating to enforcement of POA Act.
But unfortunately such meetings and discussions are not taking place in the State which is a violation of law and constitutional commitment to the citizens of the SCs and STs who are prone to atrocities in the hands of the dominant caste people.
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