The Supreme Court judgment on March 20 relating to SCs and STs PoA Act 1989 and Amendment 2015 has drawn substantial attention of the nation to the issues of atrocities against SCs and STs and the implementation of the law to prevent it.
SCs and STs organisations and many political parties have registered their protest in form of Bharat Bandh on April 2 which caused loss of life of 12 people and arrest of around 5,000 all over the country. Though the Central Government has filed review petition in the Supreme Court and the Prime Minister has promised for ordinance in order to restore the dilution of the law, but still the issue attracts debate and discussion over the implementation of the law. There are also a few counter forces which have raised their eye brows against its restoration. In this context, it is important to know the facts and ground realities.
Historically caste system exists in our country. The practices of untouchability, caste-based social discrimination and atrocities are distinctive Indian realities and in spite of law and social reform efforts in many fronts, we have not achieved our desired goal of a caste-discrimination free society. Cases of atrocities against STs and SCs very are often reported in media almost every day. The SCs and STs face untouchability practices in their everyday life in rural areas that remain unabated and law has not reached to our caste-ridden rigid social structure of villages to stop the continued inhuman practices. We have a number of caste organisations and people doing caste-based political and social mobilisation to protect caste honour and feudal pride. The children in AWCs, during mid-day meal in schools, and play grounds of the village, face differential treatment and SC and ST women are purportedly denied a post as an AWC worker or mid-day meal cook in spite of Supreme Court order for preferential treatment to them.
It is a fact that the public places such as village market, saloon, tea stall, tiffin shop, cremation ground, water bodies, temple premises, playground, grazing land, and village forest, roads and all sorts of public institutions such as AWCs, school, ANM centre, Panchayat office and community centers are not in free access to all and sundry and without discrimination. The SCs and STs have to face social discrimination everywhere because of their caste and ethnic identities; they face discrimination in getting service by the Government and private parties and on the other hand, they are also usually not allowed jobs of service providers.
Many of the atrocities are linked to ownership and control and access over resources such as land, forest, water, wage and livelihood issues, access to Government programmes, public health facilities and quality education, and assertion for rights and entitlements, aspiration for a decent and dignified living and sense of dignity. Questioning unequal social relations attracts social tension, intolerance, and atrocities by the dominant social groups in villages. The local police stations are under the control and influence of the dominant caste and ruling elites. The illiterate and poor mostly depend on the local elites to access justice.
In recent years, two kinds of developments are happening in the country. On the one side, there has been a series of rights based enactments such as RTI, RTE, FRA, NFSA, land and housing rights etc. and on the other, the new liberal economy facilitates handing over of resources such as land, forest, water and minerals to the private corporates. These resources are also sources of livelihood of SCs and STs and others. The privatisation of public resources has largely impacted SCs and STs. There has been a huge cut in the social welfare spending, especially on health and education and non-implementation of SCSP and TSP.
The increasing awareness about law and human rights activism and political discourses of Ambedkar, Phule and Periyar among the marginalised sections has pushed many to access justice with support of human rights institutions such as NHRC, SHRC, NCSC and NCST, NCW and NCPCR. This has been a new development in the country which has contributed to the promotion of human rights awareness and access to justice among the marginalised sections, including the SCs and STs.
The makers of modern India have extensively debated over the issues of untouchability and caste-based discrimination in the constituent Assembly. Sardar Ballav Bhai Patel moved the resolution for Article -17 of the Constitution which speaks about abolition of untouchability. The related Articles against discrimination are 14, 15, and 16 which speak about equality before law and equal protection, prohibition of discrimination on grounds of caste, equal opportunity and equal participation and equal representation in all matters. The thrust has been protection with representation for participation in every sphere of socio-economic and political life of the nation. legal protections are part of larger agenda of socio-economic changes and to facilitate inclusive participation.
The Untouchability Offence Act dates back to 1934 with enactment of Madras Removal of Civil Disabilities Act 1938. There are similar Acts in many States, including Odisha Removal of Civil Disabilities Act 1946 and Odisha Temple Entry Authorisation Act 1948.
The first law after independence was Untouchability Offences Act 1955 which was later changed to Protection of Civil Rights Act 1977 but this was not enough to address the growing atrocities against SCs and STs. A Parliamentary Committee suggested for a new legislation to address the issues of heinous form of atrocities as caste oppressions that include rape, murder, physical assault, house burning, loss of property, social boycotts, and many more which are not covered under PCR Act and IPC.
The SCs and STs (Prevention of Atrocities) Act 1989 came into force after its rules framed in 1995.There have been efforts by many for the implementation of the law and make it a more effective strength. Again amendment has been made to it in 2015.
law is an instrument to change the unequal social order based on hierarchy. It is to protect those who are discriminated against and inject a sense of security and feeling of equality as fellow citizen of the country. Therefore any dilution of the protective laws sends a bad signal to the oppressed of the country who have been suffering with historical injustice based on caste system.