[Reader-list] Twenty Years of SC ST Prevention of Atrocities Act

[SUNDARA BABU]

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From: Regi P George <george_regi at yahoo.com>





*Twenty Years of SC ST Prevention of Atrocities Act*

* *

*K Veeraiah*





THIS year the dalit advocacy groups are celebrating the 20th year of SC, ST
Prevention of Atrocities Act. In implementing the universal human rights and
the rights and protections guaranteed by the constitution, this Act is a
milestone. The act itself came in the backdrop of inhuman incidents such as
Kilvenmani, Tchuduru, Karamchedu which shocked the nation in late 1980s and
early 90s.



Indian constitution, under article 17, prohibits untouchability where as
article 15 prohibits any kind of discrimination on the grounds of caste. In
pursuance of this constitutional mandate, the central government adopted
protection of civil rights act way back in 1955. The philosophy behind the
inclusion of these articles under Fundamental Rights implies the recognition
of state’s dual role, protector as well as facilitator when it comes to
depressed classes. The PCR (Protection of Civil Rights) act applies to all
underprivileged classes, its main focus is the protection of rights
guaranteed to SC and STs. The 1955 act recognises the violation of rights
against SCs and STs as crimes to which the policy makers outlined remedial
measures as well as protective measures under law of the land. Four decades
of its implementation supported by the governmental efforts generated
awareness about civil rights of depressed classes. At the same time
violation of SC, ST rights kept going on. The social and democratic
awareness fueled by anti emergency struggle in the country widened the ambit
of civil rights. Followed by the increased activism of dalit advocacy
groups, apparently those who headed such groups are the first generation
beneficiaries of opportunities under reservation policy, there was a success
in differentiating between civil rights and atrocities.



The dalit movements of the late 70s and early 80s centered around self
respect apart from graded equality. Self respect movements fueled by inhuman
atrocities such as mentioned above paved way for new debate about protecting
the dalit rights at the same time protecting the dalits from atrocities
unleashed against them. Thus the necessity for a new act came up and
parliament at that time acted promptly recognising this need, thus came in
to existence the prevention of SC, ST atrocities which empowers the State to
use its powers to see that the perpetrators of atrocities do not go
unpunished. The conflicts debated at that time and redressal or remedial
mechanisms outlined in those acts are basically individual centric.



Despite these guarantees and protections, the 21st century India is
witnessing an increase in atrocities against SCs and STs. The table given
below reflects this increase. The major change that needs to be recognised
in these atrocities is that they changed from individual sphere to social
sphere. In other sense atrocities against group have increased as against
individuals. Particularly this change is evident in the case of developed
states such as Maharashtra, Haryana, Andhra Pradesh as well as the states
where predominantly feudal social relations are in tact. The data covering
the major states, compiled from national crime bureau records as well as
annual reports of National SC, and ST commissions, Human Rights Commission
confirms the same. The data for the year 2001 is compiled from National
Commission for Scheduled Castes whose figures are contestable because of its
abrupt reduction of incidence of crime against SC/STs in Madhya Pradesh,
Bihar, Rajasthan.



State

1992

1995

1998

2001

2004

2007

Andhra Pradesh

591

1764

1880

1417

3791

3383

Bihar

751

747

785

523

2691

2786

Karnataka

905

1171

1148

1294

1816

1844

Kerala

634

696

1148

135

520

477

Madhya Pradesh

4571

3979

4057

681

6363

4106

Gujarat

190

207

694

465

1549

1038

Maharashtra

1231

1622

683

148

949

1164

Orissa

220

497

772

814

1917

1355

Punjab

18

9

23

50

134

177

Rajasthan

4379

5197

5586

3630

5391

4174

Tamilnadu

550

1293

1562

706

1183

1737

Uttar Pradesh

9296

14215

6511

4972

3790

6144

West Bengal

29

0

0

6

23

3



With the globalisation and economic reforms there is a sea change in the
debate on dalit rights. Globalisation facilitated the marginalisation of
dalits and adivasis from socio-economic and cultural fields at the same time
consolidating the opportunities in the hands of privileged. This is the time
when the state retreated from its duty to cater to the social needs, thus
opening the earlier restricted field for open competition which resulted in
creating new areas of conflict. As mentioned earlier, in this period
escalation of atrocities against the dalits and adivasis from being
individual centric to group centric gained momentum. As this is far beyond
the limits of modern jurisprudence which is basically individual centric,
the establishment also refuses to register the cases of group violence in
nature thus leaving the field open for direct confrontation at some times.
This is resulting in conflict of interest for limited opportunities which in
turn is expressed in terms of caste based conflicts due to the absence of
democratic ways of mobilisation, and proper grievance redressal mechanisms.



Thus under globalization, caste conflicts and atrocities against SC and STs
have moved from individual ethical space to social and economic space. That
is the reason for enormous increase of incidence of crime against SC/STs
over this period. This is confirmed by National Crimes Bureau records.
According to National Crime Bureau Records, as *The Hindu* reported on July
20, 2004, statistics available with the Scheduled Castes and the Scheduled
Tribes Commissions indicate that Maharashtra, Rajasthan, Uttar Pradesh,
Andhra Pradesh and Tamilnadu recorded high incidence of atrocities against
SC/STs between 1996-2000. In Uttar Pradesh, where dalit population is nearly
21 percent, 17 cases were registered per each lakh of SC population, where
as this ratio peaks for Madhya Pradesh with 45 cases for a lakh population.
In Bengal where *SC population stood at 23 per cent as per 2001 Census, this
ratio stands at 0.01 cases / lakh population*. In Andhra Pradesh where 16
per cent population consists of SCs, 26 cases were registered per each lakh
of SCs. Apart from that the analysis of data on incidence of crime against
SC/STs reveals a fundamental character. The stubborn persistence of
deprivations, poverty in its different manifestations, marginalisation in
access to resources, both traditional and newly available, denial of
benefits of development are producing the conditions for continuous
escalation of conflicts across the country. Prevention of atrocities act
mainly concentrates on redressal mechanisms. But if we look at the data
provided by National Bureau of Crime Records, the progress is not
satisfactory.  As on 2007, December, 1,04,006 cases are in courts out of
which in 6505 cases convictions were announced, and in 14,217 cases culprits
were acquitted.  The rest of 82,472 cases are still pending before the
courts. This performance is after the majority of states established special
courts to deal with offences under PCR and POA acts.



Globalisation opened up new opportunities for the upper caste cluster. The
same upper caste clusters are having the inward linkages available under the
existing state structure. The changed scenario helped them to sustain their
hegemony over the economy as well as over the social life in rural India
with the coupling of upward linkages made available to them under
globalisation with already existing inward linkages within the state
systems. With the State retreating from the managing of social and public
life, in the economic sphere this retreat opened up new opportunities for
the private capital and  in social sphere opened up new opportunities for
non governmental agencies to intrude in to social life. Thus we can now see
that the nature of NGO activities are wide spread across the sectors from
helping the disabled to microfinance institutions.


On the other hand, this retreat of state also opened up new opportunities
for caste forces which  are striving for restoring the old identity and
group based loyalties instead of striving for democratic grievance redressal
means, thus consolidating the politics of identity. This identity politics
in turn is reinforcing the divisions and sub divisions from the existing
underprivileged caste clusters there by weakening their bargaining power in
its encounter with the State as well as civic life. This inturn, is further
dividing the socially and economically weaker sections and ST, SCs by
juxtaposing the interests of these sections, at a time when there is a need
to develop solidarity cutting across the castes to protect the
underprivileged. This underscores the need for developing sustained
movements based on building sustainable movements by developing strong
solidarity among the under privileged castes. In this back ground the
governments have to factor in the changed scenario in social life over the
last two decades while formulating the policies including multidimensional
programs to address the structural roots of violence. To be precise, in case
of protecting civil rights of underprivileged and prevention of atrocities
against them, it needs reconsideration in the backdrop of experiences of
implementation of prevention of atrocities act over the last two decades.
Movements coercing the state to discharge its duties in true constitutional
spirit need to be built up. And such movements shall be in a position to
address and accommodate the multidimensional aspirations of the constituent
participants.