We are in the process of building a democratic political society based on constitutional governance which respects human dignity but our age-old rigid social systems and caste-based customs and traditions still inhumanly deal with our fellow citizens. There is a need for strong enforcement of laws that protects dignity and punishes the perpetrator of discrimination.
SCs and STs constitute about one fourth of population of our country and in spite of constitutional safeguard, protective laws and institutional arrangement, they continue to live a life with fear and discrimination. It is our national mandate to build an inclusive society that respects dignity without discrimination based on caste and ethnic identities.
The National Crime Record Bureau (NCRB) in its report Crime in India 2014 has reported 47,064 cases of atrocity against SCs and 11,451 cases against STs in the country in the year 2014. It says the number has increased by about 20 per cent than the previous year in cases SCs and by about 69 per cent in case of STs. During 2014 there were 1, 27,341 cases of crime committed against SCs and 27,207 cases against STs were pending for trial in the country.
The nature of atrocities includes practices of untouchability in public places and institutions such as primary school, Anganwadi, Panchayat office, village market, temple, and denial of access to village common property resources, forest, cremation ground, water sources, village pond, tube well, well etc. The service providers of a host of Government schemes for the poor including SC and STs such as control dealer, Asha workers, cook of mid-day meal, and teachers are behaving discriminately against the SC and ST communities in villages. There has been heinous form of physical atrocities, violence against women and children, rape, murder, house burning, arson and destruction of crops, organized loot and social and economic boycott committed against SCs in rural and interior areas. These cases lead to organised violence, loss of property and human life and peace in social life that affect the development and democratic goals. The police stations very often do not accept FIR and hesitate to register the cases. They manipulate the FIR and mostly guided by the local dominant caste leaders. The vast majority of victims of atrocities are poor, illiterate and lack of organizational and political backing in the caste-dominated villages. The issues of SCs and STs in a caste-dominated society needs State protection through protective laws and programmes in defence of the marginalised sections in order to build an inclusive society free from all forms of discrimination including caste-based discriminations.
The Constitution of India in Article 14 says about equality before law, and 15, prohibition of discrimination based on caste and 17, abolition of untouchability and 46 says about protection of SCs and STs from social injustice and all forms of exploitation.
The Protection of Civil Rights Act, 1955 primarily addressing the issues of untouchability. There has been a felt need to make a special legislation to make legal intervention in issues of atrocities against SCs and STs. After 40 years of constitutional governance, the SCs and STs (Prevention of Atrocities) Act, 1989 (POA Act) came into force on January 30, 1990 as a central Act. Again after 25 years, the Scheduled Castes and Scheduled Tribes (PoA) Act, 1989 Amendment has introduced as ordinance in 2014 and later passed by lok Sabha. The amendment has added many new clauses to the original act to make it more effective in ensuring justice to the historically oppressed communities in the country.
The implementation of any law depends on the State executive and judiciary as well as legislative bodies. The PoA Act has developed an in-built mechanism for its effective review and monitoring and included programmes of awareness building on the law and provision of legal aid, compensation to the victims with special courts for speed trial. The Ministry of Social Justice and Empowerment and Ministry of Tribal Affairs, Ministry of Home and Constitutional bodies such as National Commission for Scheduled Castes and National Commission for Scheduled Tribes and their State counterparts are responsible for the effective implementation of the law. These bodies are largely controlled and managed by SC and ST leaders chosen by ruling political parties. The SCs and STs have very marginal representation in executive and very insignificant representation in judiciary of the county.
Odisha experience shows, there were 2,266 cases of atrocities against SCs and 1,300 cases of atrocities against STs registered in different police stations in 2014. There has been prevalence of innumerable forms of practices of untouchability by upper caste people in rural parts of the State. Around 8,000 cases are pending for trial in courts of the State. Though Odisha is a SC and ST dominated State but the people from these communities are not well represented in governance and decision making process due to their inherent socio -economic, educational and political backwardness. It has been observed that both leftist and rightist political parties, bureaucracy, judiciary, media, academics, civil society, international aid agencies and business sector are being largely monopolized by the upper caste people. The SCs and STs are in periphery, barring few political leaders chosen by party bosses to fulfill the political reservation criteria.
The social issues such as untouchability and caste-based discrimination have never been discussed in public and purposefully avoided by policy makers and development actors on the plea of economic development. There has been a subjugated peace prevailing in the State in the fear of dominance and violence by the upper strata of the ruling elite.
The poor and illiterate SC and ST people in villages are being routinely humiliated, harassed and dehumanized by the hands of dominant caste where police have been acting as helpless onlooker. Majority of the victims are not in a position to write an FIR and has to pay someone mostly the local agents to write the FIR and take him to the police station where the police behave like a British police to innocent public without dignity and decency. In many cases victims are being forced with threat for amicable settlement in police stations. It is evident that mostly the SCs and STs are killed in police custody and by police and paramilitary forces in interior parts of the state. The jails are crowded with mostly under trial victims belonging to SC and ST communities due to lack of legal aid and advice for a speedy and fair trial.
The statutory bodies under the PoA Act such as State vigilance and monitoring committee, district vigilance and monitoring committee headed by Chief Minister and district Collectors respectively have been dysfunctional and without even routine work mentioned in the PoA Rule. The SC and ST MlAs and MPs and Government officials are members in such legal bodies without any proactive role. There has been no special court; the existing district courts are designated as special courts. The State Government’s proposal for three special courts is yet to be carried out. There has been unexplained delay in payment of compensation to the victims as per norms and scale prescribed in the rule from time to time though mostly the compensation is paid by Government of India. The State public prosecutor has almost no role in monitoring the cases by recruiting senior experience advocates. The PoA Act has added new clauses in the interest of the victims asking for building a synergy among concerned departments such as Home, law, ST and SC Development Department and to make more effective the criminal justice administration which again depend on political will of the State ruling parties. It is expected that the State Government will make a review of the whole mechanism of the implementation of the PoA Act based on the new amendment in the interest of the SCs and STs.
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