15/05/2023
Why the law of atrocities against scheduled caste & scheduled tribe is revolutionary in the independent India ?
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This act of atrocities against SC& ST came into news when Supreme Court directed that no case of atrocities against SC& ST could be registered in police station without a proper inquiry in to the case . The accusations were that atrocities Act were used extensively against the general caste ( OBC ncluded) to score the points . That this act is applied to falsely implicate those who are not members of scheduled castes and tribes. That’s why Supreme Court directed that no case under atrocities act could be registered without an enquiry into the case . The Government reversed that judgment by an amendment in parliament. There were agitations both by members of scheduled castes and tribes and upper castes in the whole country. But the flop side of the Atrocities Act is that most of the cases under atrocities Act is bypassed by police & the case is registered under Indian penal code , just to minimise the gravity of the case involving scheduled castes& tribes . When I was SP AJK Indore in 2005, I was very much perplexed to see that about 70 % of cases of atrocities Act were registered at police station AJK Indore under simple penal code like 294 , 506 323 IPC just to minimise the gravity of the incident & was completely negation of the purpose for which Atrocities Act was passed by Parliament in 1989 by Prime Minister , Rajiv Gandhi When asked why the cases under Atrocities Act were not registered , their answer was that increased number of atrocities cases would invite ire of superior officers . That was flimsy excuses to cover up their weaknesses . The officers were not well trained to tackle the Atrocities cases . . Secondly , the other reason being that most of the investigators of AJK police station and other supervisory officers had no clear conception about Atrocities Act. For example , a scheduled caste lady in the advanced stage of pregnancy came to report to police station AJK Indore against a contractor who had brought her from Betul to work in house building activities . But that contractor sexually exploited her falsely assuring her to marry her . At the advanced stage of pregnancy, the contractor fled away . That poor lady moved from pillar to post but could not get her case registered against contractor. The police contended that she should have reported earlier when the incident of r**e happened . When she had advanced stage of pregnancy, she had come to report. That meant she had consensual relationship with contractor.So no case was made out . The fact was that in Atrocities cases , there is no mention of the term r**e . It speaks of sexual exploitation of women of scheduled castes and tribes by those who are not members of scheduled castes and tribes and who are in the position to govern the will of the that woman. The contractor was in the position to govern her will because she was working under him . He was not a member of scheduled castes and tribes. So , that case was clear cut offence under atrocities act. But SHO of AJK police station did not comprehend that. Finally I got the case registered against contractor and charge sheeted him for sexual exploitation of the lady of scheduled caste .
The scheduled caste & scheduled tribes are exploited people for centuries . They had been humiliated , tortured & mutilated by Upper caste people . They had been denied access to public ponds, wells, drinking water from public hand pumps , public grazing fields . They had been evicted from their lands by upper caste . Since upper caste people monopolised the instruments of production like lands , capital , the scheduled caste and scheduled tribes had been reduced to the weaker sections of society . They had been the easiest target of attacks by upper caste people . They had been murdered , maimed or mutilated by upper caste people . Their houses were gutted by upper caste people to take revenge . Their women had been sexually exploited and r***d with impunity . The upper caste accused seldom got punished for their heinous crimes against the members of scheduled caste and scheduled tribes . The upper caste accused went scot free by giving monetary compensations to victims . They were not allowed to get their cases registered against the members of upper castes.
I recollect an incident of r**e of a woman of scheduled caste of my village by a Brahmin when I was 12 years old boy . Thousands of villagers from different castes gathered to decide the incident of r**e . . No case of r**e was allowed to be registered at police station . The maximum penalty was a few hundred rupees to the victim lady of scheduled caste .
In the backdrop of such types of social , economic , political exploitation of scheduled castes and scheduled tribes by upper castes for centuries , the congress Government passed that act to establish an equitable society in india .
Although constitution of India has provided a series of rights for scheduled castes and scheduled tribes , it was Atrocities Act which gave voices to them at ground level to fight against exploitation by upper castes people . Because of this Act , Mayawati could become chief minister of such a large state like UP for four times . Earlier, members of scheduled castes and tribes were debarred from voting by upper caste people. The stringent laws of Atrocities Act deterred muscled men of upper castes people from infringing the rights of scheduled castes and tribes.
The Atrocities Act is very special & revolutionary for the scheduled castes and tribes . The Act envisages special Court in every district for the trial of Atrocities cases , special prosecutor , non bailable offence , investigation by DSP level officer . There is no provision of parole to the accused under atrocities act. There is no protection to accused to remiss or reduction of sentences on the ground of good behaviour under section 360 Crpc. The Act also provides compensations and rehabilitation of the family of victims, that is , members of scheduled castes and tribes . In case of murder or heinous crimes against the members of scheduled castes and tribes , by upper castes people , the government will have to make monetary compensations & rehabilitations for long term so that they can become self dependent. Moreover, there is provision of compensation in all cases of atrocities.
The Act has some innovative sections like sexual exploitation of women of scheduled castes and tribes by the members of upper castes. Section 3(1) (12) of Atrocities Act says that if the members of upper castes(this includes back ward classes also for this act ) sexually exploit a woman of scheduled castes and tribes, who is in the position to govern the will of that woman, then he will be prosecuted under the atrocities Act. The Act has got wider dimensions than the offence of r**e . Similarly, the act talks about humiliation & torture of a member of scheduled castes and tribes by the members of upper castes in public view . It doesn’t talk about assault or beating or simple or grievous injuries. Whoever , not a member of scheduled castes and scheduled tribes , tortures or humiliates a member of scheduled castes and scheduled tribes for the purpose of humiliation , is committing the atrocities and the act prescribes stringent punishment of three years . Similarly , debarment from voting rights of members of scheduled castes and tribes by the members of those who are not members of these categories , have been made non bailable offence and stringent punishment for three years . The Act also makes provision for designated areas where the offence under atrocities act often occur. The awakening program must be organised in the designated area. Proper security should be beefed up . Even police station should be opened up. The Act also provides that economic activities should be strengthened so that members of scheduled castes and scheduled tribes don’t migrate from that area .
To sum up , Atrocities Act is an innovative act of parliament. It is a beacon of hope for the members of scheduled castes and tribes. This act has given them political and social empowerment. Therefore, this Act must not be tinkered with as long as our society doesn’t get goal of an egalitarian & non exploitative society.
