Regarding welfare of the members of the SCs and the STs, there are Constitutional provisions which guarantee their rights under the cleavage ‘reasonable classification’ in Article15 (A), 16(A), 29, 46, 339 and 340 of the Constitution.
This allows them to enjoy “special rights” as they have been neglected so far in the matter of reservation in the public employment / promotion in services and reservation in the legislature, etc.
In addition to that, there has been also legal protection which safeguards the rights and interest of SCs and STs and members of other backward classes. The constitutional provisions provide affirmative action on the part of the State to ensure equality for all segments of society, to make Article-14 read with Article-21 a living reality. The Constitution mandates that the State shall not be prevented from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. The executive power of the Union shall extend to the giving of directions to a State as to the drawing up and executing schemes specified in the direction to be essential for the welfare of the Schedule Tribes in the State. Protection of Civil Rights Act-1955 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act-1989 being central legislations are designed to prevent the commission of offences of atrocities of any kind on the members of the SC and ST. These offences are very often committed particularly in the rural areas and remain unredressed most the time due to the illiteracy, lack of sensitization of SCs and STs and above all, for the apathy and indifference of the law enforcing machinery.
In the new protective legislations, the law has provided for creation of special courts to try the offences committed on them by a Special Judge. law also provides for the relief and rehabilitation of the victims of such crimes besides punishment to offenders. The Protection of Civil Rights Act, 1955 aims to safeguard the interest of the members like Harijans and other Dalits in the matter of entry to public places like hotels, places of worship and to prevent various social and religious disabilities imposed on them according to mandate of Article-17 of the Constitution. The protective laws are a welcome step to provide relief to the members of the SC and ST from the onslaught of crimes committed by people of higher class of the social strata. Any acts of omission or commission which constitute an offence under these legislations are made punishable. It is true that law alone will not bring about desired social change in this direction for which community participation, change of attitude and above all mass mobilization is necessary.
Regarding enforcement of the SC/ST Prevention of Atrocities Act, even though the offences under the Act are to be investigated by an officer not below the rank of a Deputy Superintendent of Police, it is seen that such cases are investigated by subordinate police officers which results in failure of prosecution. That needs to be taken care of by the administration. The Act, in order to check atrocities against SC and ST and to save them from ignominy like social and religious disabilities, has an overriding effect on all other laws for the time being in force. It is gratifying that Section-21 of the Act envisages in unequivocal terms that it is the bounden duty of the Central Government to ensure effective implementation to the Act and Rules, and the State Governments have to take measures accordingly. Section-21 casts a duty on the Central Government and it says that the Central Government shall every year place on the table of each House of Parliament, a report on the measures taken by itself and by the State Governments for the benefit of the SCs and STs so as to save them from different types of indignities and atrocities which are criminal offences.
This Act to a large extent is rigorous as it provides to remove persons from the jurisdiction of the scheduled areas, by the order of the special court where there is a likelihood that such persons may commit offences of different kinds of social disability and other criminal offences against members of SC and ST.
The SC / ST Prevention of Atrocities Act provides that the law enforcing officers of the State like police and a magistrate on receiving information and after such inquiry, if has reason to believe that a person or a group of persons not belonging to the Scheduled Castes or the Scheduled Tribes are residing in or frequenting any place within the local limits of his jurisdiction is likely to commit an offence or has threatened to commit any offence under the Act, and is of the opinion that there is sufficient ground for proceeding, declare such an area to be an area prone to atrocities and take necessary action for keeping peace and good behaviour and maintaining public order and tranquillity.
The investigating officer shall complete the investigation on top priority within 30 days and submit the report to the Director General of Police. The State Government shall make a review by the end of every quarter, the position of all investigations done by the investigating officers.
These are some of the legislative safeguards, affirmative action on the part of the State for the enforcement of the law in the tribal areas. The object of law is to protect the rights of the members of the SC/ST, to give them relief by way of compensation and for their rehabilitation for the crimes committed on them and to bring them into the mainstream of national life.
(Prof Das is a former CBI Judge. M: 9437022723)