Legal protection to the caste discriminated people in India is a historical necessity. It is not to appease any caste or community; rather it is to ensure dignity of every human being for building an inclusive nation.
A very unique caste system exits in India and south Asia with strong religious support that divides people in lower and upper strata with most inhuman practice of untouchability against a section of people. The practices are protected in many ways and very well nurtured for centuries.
Many social and religious reformers have sacrificed their life against this continued injustice but still in each and every village of our country, people continue to live as the untouchable.
The leaders of the ruling party of the country are visiting their hamlets and homes and are dining with them, but that seems only to catch eyeballs and take political mileage.
Caste system and untouchability practice is anti-national. We cannot build a country by dividing people as touchable and untouchable, as upper and lower, which violates principles of human rights and dignity. The British Government in India undertook the first caste census in 1931 to identify the depressed classes of the country with nine criteria devised by JH Hutton, the then Census Commissioner.
Later, the Scheduled of Castes (SCs) and Scheduled Tribes (STs) were created and declared in 1936. The British Government in India introduced protective provisions for the welfare of SCs and STs.
During and after the independence movement, the idea of a modern nation State very well was debated and resolved in the Constituent Assembly for almost three years.
Our national leaders sought to change the age old religious notion that contradicts international understanding of human rights and dignity. It was thought to protect the caste discriminated communities against discrimination by protective legislation and punish the perpetuators those who still believe in religious notion of caste.
It was decided to follow the principles of democratic governance which says one man one value, establish constitutional value and morality, liberty, equality, fraternity and dignity, in place of age old religious values and morality. Later, in 1976 the 42nd amendment of the Constitution was made to develop scientific temper, humanism and the spirit of inquiry and reform. There cannot be two contradictory parallel ideas to run in the country.
Sooner the citizens of the country realize, it is better for the country, otherwise a civil war like situation will continue in each village at the cost of peace and development of the country.
The first legislation against untouchability in independent India came into force in 1955 as Protection of Civil Rights Act. Under Article 17 of the Constitution of India, untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law. Thus the legislation empowers a victim to enforce his/her civil rights to fight the social disability and most inhuman forms of restrictions.
The law empowers the so-called untouchable to enter public places, shops, hotels, public utility places, water bodies and temples, use public transport and wear ornaments and protest forced caste-based labour. But how far our country has been able to enforce this law in our villages is a moot question. Forget about private places, even public places such Agwanwadis, schools, panchayat offices, tea shops, saloons and temples are still a place of discrimination where the low castes are not treated with dignity. For last 70 years, the enforcement of law is miserable and political party workers and Government officials in grass root level are non cooperative.
With growing consciousness of human dignity and self-respect, the lower castes /untouchables/SCs and STs have started asserting themselves by the help of laws which should be seen as a major social progress and empowerment towards positive social change.
The IPC is inadequate to address the issues of caste-based atrocities against low caste people in order to protect them. After 40 years of constitutional governance, the Parliament of India enacted the Prevention of Atrocities Act and the rules were drafted after five years. So almost after 45 years of enforcement of constitution, the country has a legislation to protect its most vulnerable section from a centuries old injustice. The State Governments which are the real implementer of the Act have their own style of looking at issues to enforce leading to delayed implementation.
The Act aims to prevent the commission of offence of atrocities against members of the SCs and STs and to provide for special courts for the speed trial of such offences and for the relief and rehabilitation of the victims of such offences and other related matters.
The protective legislations are still unknown to a vast majority of people, especially for whom this protection is being provided and still remain non –implemented. Therefore, both the Central and the State Governments are being engaged in popularizing the legislation through different awareness programmes and trainings.
Every day heinous forms of atrocities are taking place in different parts of the country and untouchability practice is rampant in each and every village. It is largely felt that without a strong law, the practices of caste-based discrimination and atrocities can never stop. Laws are made to protect the weak and the poor which should not be diluted in the plea of its misuse.