Social oppression in the form of inhuman atrocities against a vast section of historically marginalised communities - SCs and STs - by dominant social groups of our State continues in the absence of rule of the law due to lack of political will on the part of government functionaries.
It has wider ramification over our composite social life and it also challenges inclusive human development goal with dignity and fraternity visualized by our constitution.
The SCs and STs constitute 40 per cent of the total population of Odisha as per census 2011 but atrocities against these communities have doubled over last ten years. The data from Government sources such as the Home Department, the National Crime Record Bureau and the Ministry of Social Justice and Empowerment revealed that the atrocities against these marginalized sections have consistently increased from 2005 to 2015. The number of atrocity cases against SCs in the year 2005 was 1,440 and in 2015, it was 2,305. Similarly the number of atrocity cases against STs for the year 2005 was 625 and the number has increased to 1,387 in 2015. The total number of atrocities against SCs and STs together was more than 30,000 from 2005 to 2015. The atrocity cases against both SCs and STs have rapidly increased to an annual average of more than 3,000 during the year 2011-2015.
The data shows every day about 5 to 10 cases are registered in police stations. The Home department sources in its annual white paper documented the nature of atrocities that include murder, rape, house burning, arson, destruction of crops, social boycott, organized attack on women and children, social humiliation, caste and ethnic based abuses and practices of caste based discrimination and untouchability of various forms in public places by people of non-SC and ST communities. There has been growing loss of human life, property,social peace and fraternity among people of the State due to such cases and the heinous nature of cases continue to impact over normal life of the marginalized sections in many parts of the State, especially in rural areas. The atrocity victims are not just socially ostracized but mostly belong to poor economic status, low paid wage laborer, landless; a majority of them are illiterate and have lack of access to judicial system. So usually it is the State which needs to protect these sections to ensure social justice, human rights and dignity of human beings. It is also the duty of the State to promote annihilation of caste and ethnic based discrimination that continues to maintain inequality among people. Caste and ethnicity is a social reality in our country. The dominant caste complexes and feudal cultural values are rooted in religious traditions and customs, persistently fueling the atrocity cases in the absence of propagation constitutional values, morality, dignity, fraternity among the masses and most important is the enforcement of rule of law by the Government. The last seventy years of constitutional governance witnessed a number of protective laws but with very little enforcement to ensure timely justice. It has been observed that in spite of protective laws drawn from provisions of constitution, the atrocities against marginalized has not been controlled to the desired extent largely because of non-implementation of available legal provisions against caste and ethnic based atrocities and age old practices of untouchability.
The role of the State Government is quite important for the effective implementation of the protection of civil rights Act and SC and STs Prevention of Atrocities Amendment Act 2015. The State legislative,executive and judiciary have very specific role to perform in ensuring justice to the marginalized under criminal justice administration.
Under the provisions of the law, the State vigilance and monitoring committee headed by the CM has to meet twice in a year to review the implementation of the law and the annual reports relating to atrocities need to be discussed in the State Assembly, but unfortunately this has not been happening as per provisions. It is told by the member of National commission of scheduled castes in media that for last two years there has been no meeting by the CM. The State vigilance and monitoring committee is a high power body of 25 people consisting of ministers of home, finance and SC and ST development along with MPs, MlAs of SCs and STs. The top officials include Chief Secretary, Home Secretary and Secretary, SC and ST development department, DG Police, Director NCSC and NCST as its members which must meet in month of January and July to review the implementation process and other related matters.
The district vigilance and monitoring committees headed by district Collectors comprise MP and MlAs, officials of SC and STs, along with NGOs of the districts. This is also having no meeting regularly to review the cases of the respective districts. It is reported that there are about 10,000 cases pending for trial in different designated special courts of the States. The victims are not availing timely relief, compensation and legal aid which are recognized as their legal rights under the provision of the law.
The police personnel in local police stations are not well informed about the laws and are largely insensitive to such cases with dominant caste mindset and prejudices against the marginalized sections. The conduct of police officials needs to be changed towards people in general and victims of marginalized sections in particular. The police should be more human with dignified dealing based on principles of human rights standards. Though the POA amendment Act well spells out this aspect but it has not changed the mindset and behavior of the police.
Experience shows in most of the cases, the local police always use threats for compromise with pressure on aggrieved parties whereas as per the provision of the law the police should stand by the poor, illiterate, marginalized and aggrieved victims and help them to ensure justice. It is found that in a number of cases, the police officials refuse to record the complaint and usually delay the investigation and submission of chargesheet which further delaying the justice delivery process. It has been usual complaint by police officials for a long time that there has been no training and adequate recruitment of investigating officers to follow the provisions of the law but no steps has been taken by Government to address the issues. It is also said in the POA Act that State Government has to ensure adequate representation of officials from among SC and ST communities in police stations and Government administration but this aspect has been neglected for a long time.
The State Government has designated all additional district and session judge courts as special courts and recently set up three exclusive special courts but the conviction rate is most discouraging. There has been deficiency of adequate well experienced senior advocates as public prosecutors to help the victims to access justice.
There has been delay in trial of cases for years and doubtful role of some of lawyers in dealing the case from victim side affecting the trial process. Sometimes it is difficult for the poor victims to attend the court with witness due to financial problem and threat of the dominant perpetrators to compromise the case.
The statutory monitoring bodies such as NCSC and NCST primarily exit for the protection and development of SCs and STs But they have proved ineffective in its operation in many cases. These institutions are running without adequate staff and even members for timely intervention. This has been making the situation SCs and ST people more vulnerable in the absenteeism of institutional protection. The function of these bodies needs serious review to make them more functional in the interest of rule of law for the SCs and STs. It is the foremost duty of the SCs and STs Development department as nodal agency for the implementation of the law to undertake adequate measures in addressing the gaps but unfortunately due to lack of political will the ineffectiveness lingers without major change.
(manasbbsr15@gmail.com)