2017 data shows that conviction rate is declining for wants of evidence, on other side the data shows crime cases against Dalits have reported more than previous years
Even as a debate is raging on misuse of the Dalit atrocity Act, data from the National Crime Records Bureau (NCRB)-2017 shows that there has been a sharp decline in conviction in such cases for wants of evidence. The conviction rate was 38 per cent in 2010 and fell to just 16 per cent in 2016 for crimes against Scheduled Castes (SCs). For Scheduled Tribes (STs), it fell from 26 per cent in 2010 to 8 per cent in 2016.
As many as 47,338 cases of crime against Scheduled Castes and Scheduled Tribes were registered across the country in 2016. The data for 2015 and 2016 showed that the number of crimes reported against Dalits had risen from 38,670 to 40,801, with Uttar Pradesh, Bihar and Rajasthan heading the table of States with most instances of crimes against Scheduled Caste people. According to Census 2011, the population of SCs and STs stood at 16.6 percent and 8.6 percent respectively.
Interestingly, final reports submitted by the police in 2015 revealed that the police had found 2150 cases to be “true but (with) insufficient evidence”, 5,347 cases to be “false”, and 869 cases to be “mistake of fact”.
The data shows that the proportion of cases that were pending trial at the end of the year rose from 78 percent to 91 percent in the case of Dalits, and from 83 percent to 90 percent in the case of tribals in the past seven year. The data also shows a massive spike in the pendency of cases, a decline in the number where the trial was completed, and a glaring fall in conviction rates. In 2010, the number of pending cases was 31,931 while the same was increased to 41,191 in 2016. Similarly, the disposal of cases by police and courts revealed that under the Act, 1989, 11,060 cases were taken up for investigation in 2016 and the charge-sheeting rate was 77 percent.
According to the Ministry of Home Affairs, in 2015, a total of 38,564 cases were registered for alleged crime against the SCs in which charge-sheets were filed in 73.8 per cent cases and the conviction rate was 27.2 per cent. As far as STs are concerned, 6,275 cases were registered in the country for alleged crime against STs in 2015 in which charge-sheets were filed in 74.3 per cent cases, and the conviction rate was 19.8 per cent.
In 2016, as many as 47,338 cases of crime against Scs/STs were registered across the country. Of these, charge-sheets were filed in 78.3 per cent cases, and the conviction rate was 25.8 percent. By 2016, there was a 10% increase in the number of cases of crimes against SCs, and a 6% increase in crimes against STs. If conviction rates are taken as a proportion of the total cases that came up for trial in each year (and not as a proportion of the total cases that completed trial), the figures are even more dismal. For instance, in 2016, only 659 cases against SCs was ended in conviction. For ST, 42 cases ended in conviction.
Interestingly, according to the report on the implementation of the Act by the Ministry of Social Justice in 2015, there are only 194 such exclusive courts. India has more than 700 districts, thus making the number of such exclusive courts less than a third of the number of districts in India. To make the matters worse, only 14 states have set up these exclusive courts.
Interestingly, another study by National Campaign on Dalit Human Rights (NCDHR) reveals that 50 percent of the earmarked funds are either not relevant to the community or not accessible. An analysis of schemes introduced in financial year 2017-18 revealed that out of 36 new schemes only eight were for the direct benefit of SCs; and out of 70 new schemes for STs only 15 were benefiting them directly. In the case of Rajasthan (17.81% SC population), Haryana (20.17%), and Himachal Pradesh (25.19%), the expenditure on SC-specific schemes was 0.34%, 3.94% and 7.36% respectively of total Plan allocation in 2015-16