CHAPTER - VII

CONCLUSION AND SUGGESTIONS

7.1

CONCLUSION
The Indian caste system is one of the main pillars of Indian

society by which people in India are socially differentiated through

class, religion, region, tribe, gender and language. The caste system is
the basis of social stratification in India. Although this or other forms
of differentiation exist in all human societies, it becomes a problem
when one or more of these dimensions overlap each other and
becomes the sole basis of systematic ranking and unequal access to
valued resources like wealth, income, power and prestige. The Indian
caste system is considered a closed system of stratification, wherein a
persons social status is obligated to the caste in which he or she are
born into. There are limits on social interaction with people from other
social strata in society. The Indian caste system has played a
significant role in shaping the occupations and roles as well as value
behaviour and norms of Indian society. Religion has been the constant
push which has helped maintain this stratification system for
centuries, beginning with the Aryans and continuing down a long road
of unfortunate discrimination, segregation, violence, and inequality for
the lower ranks of the caste hierarchy. Hinduism has been the
backbone of the purity-pollution concept, and religion has influenced
the daily lives, beliefs and behaviour of the Indian people. Even after
independence,

Indians

continue

to

be

in

the

grip

of

caste

consciousness.
Historically, India had a continuous, uninterrupted civilization
and culture for millennia with closed groups divided by caste, creed
and language. Work was divided on the basis of caste. Each individual
had his allotted task since birth, and heredity of occupation was a
rule that played a big role in the economics of urban and rural life.
Mobility of occupation or caste was restricted, and an individual
291

leaving the occupation of his ancestors in order to follow his or her

own path was rarely witnessed. It can be seen that caste still
continues to play an important role in the dynamics of social and
political interactions within India. Scheduled Castes and Scheduled
Tribes have been considered, for centuries, as lesser human beings
and subjected to caste based atrocities for various historical, social
and economic reasons. The caste based discrimination, sanctified by
the Hindu religious scriptures, is still haunting a large segment of the
Indian society, i.e. Scheduled Castes and Scheduled Tribes. Despite
the formal protection under the Law, Scheduled Castes and Scheduled
Tribes are still facing atrocities which are striking at their very basic
rights. The vested upper caste interest and the desire to maintain the
monopoly over the community resources is involved in maintaining
the phenomena caste based discrimination. Further, State complicity
as a whole has turned the Scheduled Castes and Scheduled Castes
(Prevention of Atrocities) Act 1989 nugatory and ineffective thereby
resulting in perpetuation of atrocities against the so called lower
castes. The caste based discrimination is no less graver than the
discrimination faced by the blacks on racial grounds and thus needs
to be fought at both the national and international level. Any assertion
of rights by these unprivileged sections of society is being met with
vehement opposition led by the vested interests. They contend that
caste is not similar to race and thus does not fall within the purview of
Convention

on

Elimination

of

Racial

Discrimination.

However,

overriding this opposition, due attention must be given to the gravity

of the caste based discrimination and the growing human rights
violations against the Scheduled Castes and Scheduled Tribes rather
than debating on the nomenclature of the form of discrimination. It is
a unique form of discrimination related to Indian society and we must
find concrete ways to stem the tide of the ever increasing cases of
atrocities

against

Scheduled

Castes

and

Scheduled

Tribes

in

independent India.

292

There

are

different

theories

explaining

the

origin

and

establishment of the caste system. There are religious-mystical,

biological, socio-historical theories which seek to explain how the
caste system originated. There is no universally accepted theory about
the origin of the Indian caste system. According to the Rig Veda, the
ancient Hindu book, the primal man - Purush - destroyed himself to
create a human society. The different varnas were created from
different parts of his body. The Brahmans were created from his head;
the Kshatriyas from his arms; the Vaishya from his thighs and the
Shudras from his feet. The varna hierarchy is determined by the
descending order of the different organs from which the varnas were
created. Other religious theories claim that the varnas were created
from the body organs of Brahma, who is the creator of the world.
According to Manus philosophy, untouchables were out castes
placed outside the community and its social life. They were forbidden
to join the religious and communal and religious life of the community
and were confined to menial polluting tasks such as slaughtering
animals and leather tanning, skinning dead animals etc. The
overwhelming majority of Scheduled Castes and Scheduled Tribes
even today are engaged in manual work, and particularly in
occupations which are held to be onerous and degrading. In the rural
areas Scheduled Castes and Scheduled Tribes work mainly as
agricultural labourers, but many sections of Scheduled Castes and
Scheduled Tribes are associated with a variety of specialized
traditional occupations such as scavenging, leather-work (including
flaying and tanning), basketry, etc. Much of the stigma attached to the
Scheduled Castes and Scheduled Tribes is associated in the popular
mind with the very nature of the work which they do. The notion of
the Scheduled Castes being lowly, unclean, polluting is directly
related to the profession they were traditionally engaged in.
The biological theory claims that all existing things, animated
and

unanimated

have

inherited

three

qualities

in

different

293

proportions. These three qualities are sattva qualities, rajas qualities

and tamas qualities. Sattva qualities include wisdom, intelligence,
honesty, goodness and other positive qualities, Rajas qualities include
passion,

pride, valour.

The

Tamas

qualities

include

dullness,

stupidity, lack of creativity. The propounds of the said theory assert

that Brahmans inherit sattva qualities, kshatriyas and vaishyas
inherit rajas qualities and the shudras inherit tamas qualities.
According to the occupational theory, the origin of caste is not
based on religion but it came into being mainly due to functions or
occupations allotted to the different sections of the society some of the
occupations were considered superior while other were considered
inferior and so, on the basis of the superiority and inferiority of these
occupations, caste system came into being.
The social-historical theory explains the creation of the varnas,
Jatis and the untouchables. According to this theory, the caste system
began with the arrival of the Aryans in India. The fair skinned Aryans
arrived in India from south Europe and north Asia around 1500 B.C.
When Aryans arrived in India, they mainly came in contact with the
Dravidians and the Austroloids. The Aryans disregarded the local
cultures. They began conquering and taking control over regions in
north India and at the same time pushed the local people southwards
or towards the jungles and mountains in north India.
The aboriginals (Dravidians and the Austroloids) resisted the
Aryan attacks as bravely as they could, yet being smaller in number,
they were defeated by Aryans. Therefore the defeated aborginials were
reduced to the position of slaves in the Aryan social order. They were
assigned the lowest status in the society by allotting them the duties
of serving other people. These slaves were assimilated into the fold of
Hinduism but placed on the lowest rung of the social ladder. Those
who did not accept the offer of becoming slaves were driven away into
the forests and they remained aboriginials with their social, economic
and cultural distinctions. They could not mix with any other race.

294

The Scheduled Castes and Scheduled Tribes emerging out of the

rigid caste classification that characterized the Indian society and
were ascribed lowest social status in society. The Scheduled Castes
and Scheduled Tribes were earlier referred to as untouchable due to
their association with unhealthy, unpleasant or polluting jobs. In the
past, the Scheduled Castes and Scheduled Tribes suffered from social
segregation and restrictions, in addition to extreme poverty. They were
not allowed to enter the temple and worship with other upper caste
persons, nor could they draw water from the same sources which were
used by upper castes. Persons of higher castes did not interact freely
with them. If somehow a member of a higher caste came into physical
or social contact with an untouchable, he or she was considered to
have become defiled, and had to bath thoroughly perform purification
rituals to purge him or herself of the impurity. This discrimination
and exploitation continues to afflict the Scheduled Castes and
Scheduled Tribes even today. There are certain persistent stereotypes
among the upper castes regarding the physical features of the
Scheduled Castes and Scheduled Tribes. For instance, a popular
Tamil proverb says that dark Brahmins and fair paraiyas (Harijan
caste) are improper. These stereo types reinforce and strengthen the
existing caste hierarchies in the society.
There have been challenges to the caste system from the time of
lord Buddha. Many Bhakti saints rejected the caste discriminations
and accepted all castes including untouchables into their fold. During
the British Raj, this sentiment gathered steam, and many Hindu
reform movement such as the Brahmo Samaj and the Arya Samaj
renounced caste-based discrimination. The inclusion of so-called
untouchables into the mainstream was argued for by many social
reformers.
In this context it is necessary to stress that Indian society has
undergone important changes since 15th August 1947. In independent
India, position of Scheduled Castes and Scheduled Tribes has

295

changed correspondingly. Under the Constitution of India, 1950,

Scheduled Castes and Scheduled Tribes enjoy equal rights with other
citizens and the practice of untouchability in any form is punishable
by law. Further, the traditional concept regarding purity and pollution
which played a crucial role in keeping the Scheduled Castes and
Scheduled Tribes outside the pale of society is steadily weakening. In
the 1850s, these communities were loosely referred to as the
Depressed Classes. In 1935 the British passed The Government of
India Act 1935, which provided for reservation of seats to the
Depressed Classes. The Act, which came into force in 1937,
introduced the term Scheduled Castes, and defined it as connecting
a group which included such castes, races or tribes, which appear to
His Majesty in council to correspond to the classes of persons formerly
known as the Depressed Classes. This discretionary definition was
subsequently clarified in The Government of India (Scheduled Castes)
Order, 1936 which contained a list, or Schedule of Castes throughout
the British administered provinces.
After independence, the Constituent Assembly endorsed the
existing definition of Scheduled Castes and Scheduled Tribes as per
the Government of India Act, 1935. It also gave the responsibility to
the President of India and Governors of States to compile a full list of
Castes and Tribes along with the power to edit it as when required.
The complete listing of Scheduled Castes and Scheduled Tribes took
place via two orders, i.e., The Constitution (Scheduled Castes) Order,
1950

and

The

Constitution

(Scheduled

Tribes)

Order,

1950

respectively.
In Preamble, it has been provided that the people of India would
secure to all of its citizens (whether they are of General category,
Scheduled Castes, Scheduled Tribes ,Other Backward Castes etc) the
justice, liberty and equality together with fraternity. In order to
maintain the above said ideas and ensure equality in terms of status
and opportunity to its citizens, the state was to strive hard to bring

296

the downtrodden and the oppressed sections of Indians par with the
front runners. As such the frames of our Constitution tried to achieve
the ideal of social equality through various Constitutional provisions.
Article 14 of the Indian Constitution states that there shall be equal
protection of Law and equality before the Law. As such two concepts
are involved in Article 14 i.e equality before law and equal protection
of law. The first concept equality before law is a negative concept
which ensures that there is no special privilege in favour of any one,
that all are equally subject to the ordinary law of the land and no
person, whatever is his rank or condition, is above the law. It means,
in practice that whenever a member of Scheduled Castes or Scheduled
Tribes approaches a law enforcement officer or the judicial court then
they should receive the same protection as are granted to General
Categories. This is not an absolute rule and there are a number of
exceptions to it. The second concept, equal protection of law is a
positive in content. It does not mean that identically the same law
should apply to all persons or that every law must have a universal
application

within

the

country

irrespective

of

differences

of

circumstances.
The State prohibits any discrimination on the ground of religion,
race, caste, sex or place of birth under Article 15 of the Indian
Constitution. Clauses (3) & (4) are two exceptions to the general rule
laid down in clause (1) & (2) of Article 15. Under clause (3) & (4) of
said Article, the State is empowered to make special provisions for
women,

children,

Scheduled

Castes,

Scheduled

Tribes,

Other

Backward Castes for their advancement. The State may make

reservation in appointment or posts in favour of any backward class of
citizens which, in opinion of the State, is not adequately represented
in the public service under the State. Section 16(4) of Indian
Constitution is a very significant exception to the principle of equality
embodied in Article 16(1) & (2). The newly added clause in Article
16(4A) empowers the State to make reservation in matters of

297

promotion to any class or classes of posts in the services under the

state in favour of Scheduled Caste and Scheduled Tribes which are
not adequately represented in the services under the State. The
Constitutional 81st Amendment Act, 2000 has added a new clause (4B) which seeks to end the 50% limit for Scheduled Castes, Scheduled
Tribes and Other Backward Classes in the backlog vacancies which
could not be filled up due to the non availability of eligible candidates
of these categorized in the previous year or years. The deep concern of
the framers of the Constitution for the upliftment of the Scheduled
Castes and Scheduled Tribes is reflected in elaborate Constitutional
mechanism

set-up

for

their

upliftment.

Article

17

abolishes

untouchability and forbids its practice in any form. The enforcement

of any disability arising out of untouchability is to be an offence
punishable in accordance with law. Article 46 impose the responsibly
on the State to promote with special care the educational and
economic interest of the weaker sections of the people, and, in
particular, of the scheduled castes and scheduled tribes and to
protect them from social injustice and all forms of exploitation. Article
330 and Article 332 of the Constitution provides for reservation of
seats in favour of the Scheduled Castes and Scheduled Tribes in the
house of people and in the legislative assemblies of the States
respectively. Under Part IX relating to the Panchayats and Part IXA of
the Constitution relating to the Municipalities, reservation for
Scheduled Castes and Scheduled Tribes in local bodies has been
envisaged and provided. Part IX and Part IXA of the Constitution
respectively permit the legislature of a state to make provision for
reservation of seats in panchayat and municipalities in favour of
backward classes of citizens. Article 340 of the Constitution deals with
appointment of a commission to investigate into the conditions of
backward classes.
The Scheduled castes and Scheduled tribes have been, for
centuries the most neglected, marginalized and exploited people. The

298

scourge of untouchability has been a blot on the Indian civilization.

Despite the Constitutional declaration of its abolition under Article 17
of the Constitution, it persists in many subtle and not so subtle ways
in society even today. Societys collective behaviour toward these
unprivileged classes has been an unmitigated tale of prejudice,
discrimination and exploitation. In the ultimate analysis, the very
integrity and survival of Indian society is threatened and is under
question. The basic right of equality under the law is blatantly being
abused even in todays so called modern India. If we as a nation are
not able to transform vertical inequality in society into horizontal
equality, democracy will have no meaning. If the law is not in favour of
the disadvantaged, they will never achieve true equality of opportunity
and freedom of choice. In some form or the other, overt or covert, in
many subtle ways, the prejudice against these weaker sections
persists strongly in Indian society even today.
Article 335 provides that the claims of the member of the
Scheduled

Castes and

Scheduled

Tribes

shall

be

taken

into

consideration, consistently with the maintenance of efficiency of

administration, in the making of appointments to services and posts
in connection with the affairs of the union or of a state. Article 338
provides for a National Commission for Scheduled Castes and
Scheduled Tribes with the duty to investigate and monitor all matters
relating to safeguards provided for them, to inquire into specific
complaints and to participate and advise on the planning process of
their socio-economic development.
Basically, the Indian Constitution does not recognize any
religion or caste. It aims at creating equality among all Indians. The
framers of the Constitution wanted to ensure justice, liberty, equality
of status for all and opportunity for all while forgoing the bonds of
fraternity, by peaceful means. However, by providing special treatment
to the Scheduled Castes, the constitution hopes to help them
effectively to come up to the level of the caste Hindus. This was all

299

together a new approach to the problem which aim to bring about

gradual social reform in our society.
The present Indian society is moving from its closed systems
towards a State of change and progression marked by the assertion of
the human spirit irrespective of castes and creeds. Numerous
movements challenging the injustice associated with the caste system
have encouraged individuals in India to be more civil and tolerant
towards other caste members. It is, however, important to look at the
importance of how caste status has affected the quality of life and
social mobility in India today. In India, the problem of untouchability,
illtreatment and inequality of the Scheduled Castes and Scheduled
Tribes is an age-old one with manifold social, economic and political
implications. Untouchability is a product of the Hindu caste system.
In order to tackle the problem of Untouchability, the Constitution of
India provides various provisions in favour of Scheduled Cates and
Scheduled Tribes. Untouchability has been abolished and any practice
of it will be an offence according to Article 17 of the Indian
Constitution. Eventually, the Parliament passed the Untouchability
(Offences) Act 1955, which again was an improved version of the
Untouchability Order, 1950, in order to give effect to the declaration
made in Article 17 of the Constitution. The object of this Act which
came into force on 1.6.1955 is to prescribe punishment for preaching
and practing of Untouchability for the enforcement of any disability
arising therefrom and for matters connected therewith. Ever since the
Untouchability (Offences) Act, 1955 came into force, there was a
general feeling that the Act was not meaningful serving the purpose
for which it was enacted and the punishments awarded under the Act
were too few and inadequate. In 1965, the Government of India
appointed

Elayaperumal

committee
on

under

the

Untouchability,

chairmanship
Economic

and

of

Shri

L.

Educational

Development of the Scheduled Castes. The committee submitted its

report in 1969, and the Government of India introduced a bill known

300

as

the

Untouchability

(Offences)

Act

and

Amendment

and

Miscellaneous Provision Bill, in Lok Sabha in April 1972. After

examining the recommendation made by committee, the Parliament
amended the Untouchability (Offences) Act 1955 in November, 1976
and renamed it as the Protection of Civil Rights Act, 1955. The
Protection of Civil Rights defines the term civil rights. Here, a civil
right means any right accruing to a person by reason of the abolition
of Untouchability by Article 17 of the Constitution. Under this Act,
the preaching and practice of Untouchability or the enforcement of
any disability arising therefrom and for matters connected therewith,
was made cognizable and non-compoundable offence and the terms of
imprisonment were enhanced. The State Governments have been
empowered to impose collective fines on the inhabitants of any area
found committing and abetting the commission of untouchability
offences. This Act, along with the Rules framed thereunder, lays down
elaborate procedures for ensuring protection of the victims of such
practices by providing for special courts, special prosecution, fixing
period for investigation, etc.
The enforcement of Protection of Civil Rights Act, 1955, also
brought to the fore limitations both of the law as well as its
implementation in eliminating the practice of untouchability in view of
its entrenched position in the psyche and behaviour of the caste
Hindus and their resistance to change. The said Act prescribes
punishment for the preaching and practising untouchability for the
enforcement of any disability arising therefrom for matters connected
therewith. For the applicability of Act, it is necessary that accused
person must be a member of General Caste. Where the complainant
and accused are members of the Scheduled Castes, an offence cannot
be registered under the Protection of Civil Rights Act, 1955. Section 3
to 9 prescribes punishment for enforcing religious, social disability, for
refusing to admit a person in the hospital, dispensary, educational
institution or hostel established or maintained for public benefit, for

301

refusing to sell goods or render service for other offences arising out of
untouchability. Subsequently, Section 7-A has been added by the
Amendment Act, 1976. The said section provides that whoever
compels any person on grounds of untouchability, to do any
scavenging or sweeping or to remove any carcass or to flay any animal
or to remove the umbilical cord or to do any other job of a similar
nature, shall be deemed to have enforced a disability arising out of
untouchability and shall be punished with imprisonment for a term
which shall not be less than three months also with fine which shall
be less than one hundred rupees and not more than five hundred
rupees.

Section 10-A empowers the State Government to impose

collective fine. The Act provides for the minimum punishment for one
month and maximum punishment for six months. But, Section 11
enhances the penalty on subsequent conviction. The said section
established that if any person has already been convicted of an offence
under the said Act or of an abetment of such offence is again
convicted of any such offence or abetment, shall on conviction, be
punishable for the second offence, with imprisonment for term of not
less than six months and more than one year and also with a fine
which shall not be less than two hundred and not more than five
hundred and for third offence or any offence subsequently to the third
offence, with imprisonment for a term of not less than one year and
not more than two years and also with fine which shall be no less
than five hundred and not more than one thousand rupees.
Section 12 empowers the court to presume that a complained
act was done on the ground of untouchability. Section 15 makes the
offences under the Act cognizable and summarily triable. Section 15-A
of the Protection of Civil Rights Act 1955 imposes the statutory duty of
the State Government to ensure that the rights accruing from the
abolition of Untouchability are implemented for the benefit of the
weaker sections

of the society who are further subjected to social,

economic

political

and

discrimination

by

branding

them

as

302

untouchables. Under the Protection of Civil Rights Act, 1955, States

are also under obligation to set up special courts for trials, set up
district level committees and periodic assessment of the working of the
Act and identification of areas where persons are suffering under
various disabilities due to the practice of untouchability.
The provision of the Probation Of Offenders Act,1958 shall not
apply to any person above the age of fourteen years who is found
guilty of having committed any offence punishable under the said Act.
The Protection of Civil Rights Act, 1955, provides safeguards for the
Scheduled Castes against the practice of untoucability. But, in spite of
the legislation untouchability continues to mar the face the Indian
society in wake of increasing violations of the Act and rising case of
violence against untouchables. Various atrocities against Scheduled
Castes and Scheduled Tribes continue to be committed in different
parts of the country. It was realized that even the amended Protection
of Civil Rights Act, 1955 and provisions of Indian Penal Code could
not deter offenders from committing caste based violence on
Scheduled Castes and Scheduled Tribes. As such, Parliament had to
passed another stringent law called Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989. The Rules under the Act
were framed in 1995 to prevent commission of atrocities against
members of the Schedules Castes and Tribes, to provide for special
courts for the trial of such offences and for the relief and rehabilitation
of the victims of such offences and for matters connected there with or
incidental thereto. In the Statement of Objects and Reasons
appended to the Bill when it was moved in the Parliament, it was
observed that despite various measures to improve the socio economic
conditions of Scheduled Castes and Scheduled Tribes, they still
remained vulnerable to social and economic exploitation by other
sections of society. They are actively and intentionally denied a
number of civil rights and are subjected to various offences,
indignities, humiliation and harassment. They have been in several

303

brutal instances, deprived of their life and property for no fault of

theirs. Serious and savage atrocities are committed against them for
various historical, social and economic reasons. The Act, for the first
time, lays down the contours of atrocity so as to cover all the multiple
ways through which members of Scheduled Castes and Scheduled
Tribes have been for centuries humiliated, brutally oppressed,
degraded, denied their economic and social rights and relegated to
perform the most menial jobs.
The Act of 1989 extends to the whole of India except the State of
Jammu & Kashmir. This Act is a special law which is penal in
character. Though no conceptual definition of atrocity has been
attempted, Section 2(i)(a) mentions that atrocity would means all
those offences which are punishable under section 3 of Scheduled
Castes and Scheduled Tribes(Prevention of Atrocities) Act1989. Thus,
the definition of the Atrocity emerges by implication that it is an
action covering various offences. Atrocity it is clear that atrocities are
specific forms of the violence committed by the members of the caste
other than Scheduled Castes and Scheduled Tribes against Scheduled
Castes and Scheduled Tribes. Section 3 of the Act contains
substantive penal clauses, sub-section(1) clauses (i) to (xv) and subsection 2(i)to(vii) describes various offences of atrocities and provides
different punishments for them. Sub-section (1) & (2) do not apply to
any person who is a member of Scheduled Castes and Scheduled
Tribes. It cannot be said that merely by change of religion a person
ceases to be a member of a Scheduled Castes and Scheduled Tribes
but the question as to whether he ceases to be a member thereof or
not must be determined by the appropriate court as such, this
question would depend upon the facts merit of each case. In such a
situation, it has to be established that a person who has embraced
another religion is still suffering from social disability and also
following custom and tradition of the community to which he
originally belonged.

304

The Act aimed to introduce a system specifically for providing

justice for the Scheduled Castes and Scheduled Tribes in cases of 22
broad types of atrocities relating to socio-economic discriminatory
practices, which are listed in it. This system was to comprise of
special courts and a special public prosecutor in each State. At
district level, monitoring and vigilance committees were to be set up to
identify already prone areas, and a special officer appointed by the
district head to look after each caste of atrocity. However, in actuality,
in most states the complete set up of special courts, public
prosecutors and vigilance committees have either not been constituted
or if constituted have been functioning ineffectively. For instance, the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Rule, 1995 states that an officer below the rank of Deputy
Superintendent of Police cannot investigate any case of atrocity
against Scheduled Castes and Scheduled Tribes. Many of the accused
have been acquitted by court injustly, because the case was
investigated by officers below the rank of DSP. Caste certificate are
demanded not just to register a case but also for the investigation to
proceed. In numerous cases, this has been cited as the reason for the
delay in the investigation.
The special judge cannot take cognizance of the offence
punishable under Section 3 of the Act straightaway without the case
being committed to him. Neither in the code nor in the Act is there
any provision whatsoever, not even by implication, that the specified
court of session (special court) can take cognizance of the offence
under the Act as a court of original jurisdiction without the case being
committed to it by a magistrate. Section 5 of the code cannot be
brought in aid for supporting the view that the Court of Session
specified under the Act obviate the interdict contained in Section 193
of the code so long as there is no provision in the Act empowering the
special court
Under Section 8, the court may presume the abetment of the

305

offence or the common intention or common object in committing the

offence, as the case may be. The accused may rebut the presumption
by proving contrary to it. Although, both the Acts i.e. Protection of
Civil Act, 1955, and Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 have given some sense of security
to Scheduled Castes and Scheduled Tribes, but the rising incidents of
atrocities being committed against Scheduled Castes and Scheduled
Tribes show that both the Acts have failed to provide the proper
protection to Scheduled Castes and Scheduled Tribes. The deep rooted
age-old bias on part of caste-Hindus against untouchables still
persists, and violence continues to be inflicted especially against those
who dare challenge the malaise. There are multiple reasons behind
the failure of these Acts. Among them, mention may be made of the
continuing economic dependence of Scheduled Castes and Scheduled
Tribes on those who perpetuate crimes against them and the lack of
political will to improve the lot of Scheduled Castes and Scheduled
Tribes and petty politicking on the issue of welfare and upliftment of
Scheduled Castes and Scheduled Tribes.
Section 18 bars the application of Section 438 which relates to
anticipatory bail, that is, direction for grant of bail to person
apprehending arrest, in the matters of offences alleged to have been
committed under the provision of the Act. Similarly, Section 19 of the
Act, bars application under Section 360 of the Code of Criminal
Procedure which provides for order to release on probation of good
conduct or after admonition, and the provisions above the age of
eighteen years found guilty for an offence under the said act in the
matters of offences alleged to have been committed under the
provision of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
The Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 is seen to be empowering as it is the first
legislation to use and define the term atrocities committed against

306

the Scheduled Castes and Scheduled Tribes. While introducing the

bill, the union Law Minister, B. Shankaranand, remarked on the
inadequacy of the normal provisions of the existing laws such as the
Indian Penal Code and Protection of Civil Rights Act, 1955, in
checking the atrocities, gross indignities and offences being committed
against the Scheduled Castes and Scheduled Tribes. Therefore, the
Act prescribes much harsh punishment than the punitive measures
detailed in the Indian Penal Code and Protection of Civil Rights Act,
which use the term offences only vis--vis caste-related crimes.
The Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 is not clear with about the social and economic
boycott of the Scheduled Castes and Scheduled Tribes and there is an
ongoing

ad

vacancy

campaign

among

Scheduled

Castes

and

Scheduled Tribes to seek amendment to certain provisions of the Act

to make it stronger. Twenty years after the passage of Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, there
has been vociferous advocacy of the same by almost all political
parties and even with the implementation of the policies of Scheduled
Castes and Scheduled Tribes. Empowerment across the country, it
seems that the quantum of sufficient force for the benefit of
Scheduled Castes and Scheduled Tribes visualized by Ambedkar
would have been closed.
The gaps in the implementation of the Act stand in stark
contrast to the convictions that underlay its enactment. In simple
terms, the legislation aims to prevent various forms of offences by
persons other than members of these communities but studies have
shown that the Act has systematically been prevented from achieving
its goal. No day passes when we do not hear news about atrocities
committed on Scheduled Castes. The reported information in the
newspapers regarding the atrocities on Scheduled Castes is a very
small fraction of the total volume of atrocities, committed against the
Scheduled Castes. In majority of cases the atrocities are hushed up at

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the place where they take place. The police actively discourage and
create hurdles for the victim if he or she dares to report the atrocity
meted out to him or her.

According to the National Crime Record

Bureau Report,2010, the total number of registered incidence of

crimes committed against the Scheduled castes in 2005 (26127) the
reported cases further rose to 27070 in 2006, 30031 in 2007 and
33615 in 2008; a marginal decline was noticed in 2009 (33594). On
the whole the data indicate that there is an increasing trend in the
number of crimes committed against the Scheduled Castes in India.
This is a very disturbing trend and needs to be examined very
minutely as it violates the basic human rights of Scheduled Castes
and Scheduled Tribes in India. The total number of incidence of
crimes (all types of crimes) committed against the Scheduled Castes
has steadily increased from 26,252 in 1981 to as high as 33594 in
2009. This means that the number of crimes committed against the
Scheduled Castes everyday in 2003 was about 39 only. Instead of
declining, such incidences of atrocities have alarmingly increased over
the years to as many as 93 everyday in 2009.
The plight of Scheduled Castes seems much more alarming
when one looks at the data pertaining to serious crimes such as rape
and murder. According to the data, the total number of reported cases
of murder of Scheduled Castes by the non-Scheduled Castes in India
was 669 in 2005 and further increased to 673 in 2006 and 674 in
2007, but declined marginally to 626 in 2008 and 624 in 2009.
A similar increasing trend is evident with regard to rape cases,
except for the sudden decline in 2003. For instance, the number of
reported cases of Scheduled Castes women being raped by the nonScheduled Castes men was 1172 in 2005, 1217 in 2006, 1349 in
2007, 1457 in 2008 and 1346 in 2009. From the 2009 data, it may be
understood that in India an average 2 Scheduled Castes are murdered
and 4 Scheduled Castes women are raped by the non- Scheduled
Castes everyday. The data for the year 2003 to 2009 as a whole

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indicates that not only the overall number of incidence of caste

discrimination and violence but also the brutal crimes such as rape
and murder are on the increase.
After careful study the researcher has observed that despite the
enactment of The Protection of Civil Rights Act, 1955 and The
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 and Indian Penal Code 1860, most of the atrocities committed
against Scheduled castes and Scheduled Tribes are of assaulting them
individually or in a group by an organised group of upper castes,
irrespective of their status, in the caste hierarchy. Hence, it is difficult
to reveal the actual position regarding the atrocities committed
against Scheduled Castes and Scheduled Tribes based on available
data. The picture is more gloomy than it is apparently shown. In the
other words, The Protection of Civil Rights Act, 1955 and The
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 are failed to protect the Scheduled Castes and Scheduled Tribes
due to some reasons, for instance, the majority Scheduled Castes are
economically weak and socially oppressed so they cannot protest
against the assaults.
There are Scheduled Castes and Scheduled Tribes are not aware
about their rights and there is a lack of political unification among the
Scheduled

Castes

implementation

of

and

Scheduled

both

Acts

the

Tribes.

To

ensure

socio-economic

proper

condition

of

Scheduled Castes and Scheduled Tribes should be improved by

Government. Sections 3 & 4 of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act 1989 should be amended to
provide rigorous imprisonment for the commission of the offences. The
Protection of Civil Rights Act, 1955 and Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act 1989, should be
implemented sincerely, seriously and honestly. There is also a need
for commissioned systematic studies to investigate the progress of
these two Acts and to inquire about what factors are behind the

309

perpetuation of these atrocities and what could be the substantial and

sustainable solution for stopping these atrocities.
The Central as well as the State Governments and Union
Territory Administration have the collective responsibility for the all
round development (social, educational and economic) of Scheduled
Castes and Scheduled Tribes. The State Governments have separate
departments to look after the welfare of Scheduled Caste, Scheduled
Tribes and Other Backward Castes. The administrative set up,
however,

varies from

state

to

state.

number

of voluntary

organizations also promote the welfare of the Scheduled Castes and

Scheduled Tribes. The important organizations of All-India character
include the Harjan Sevak Sang, Delhi, the Hindu Sweepers Sevak
Samaj, New Delhi and the Bharatiya Adimjati Sevak Sang, New Delhi.
In the Central Government, various departments deal with sectoral
programmes relating to development of Scheduled Castes and they are
also required to formulate special component plans for scheduled
castes. The Ministry of Social Justice and empowerment deals with
the overall policy and co-ordination of matters relating to development
of Scheduled Castes and Scheduled Tribes. It supplements welfare
schemes through special programmes to provide a fillip and augment
the schemes implemented by other Central Departments. It has also
been

addressing

the

State

Governments

and

Union

Territory

Administrations to implement the provisions of the Protection of Civil

Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989, in letter and spirit.
The Scheduled Castes and Scheduled Tribes are also given
preferential treatment in the matter of education. Almost all the State
Governments exempt Scheduled Castes and Scheduled Tribes from
payment of fees at various levels. In addition, hostel accommodation
and scholarships are provided liberally to Scheduled Castes and
Scheduled Tribes students, particularly to the latter at the postmatriculation level. Free coaching and training for various competitive

310

examinations (IAS, IPS etc.) is also given in order to improve the

representation of Scheduled Castes and Scheduled Tribes in various
services. Among the various efforts being made to ameliorate the
condition of Scheduled Castes and Scheduled Tribes, mention may be
made of effort in

launch vocational training in tribal areas and

educational complexes in low literacy pockets for promotion of female

literacy in tribal areas, constructing hostels for providing residential
facilities to Scheduled Castes and Scheduled Tribes girls studying in
schools, colleges and universities, providing

financial assistance to

reputed social science research institutions for research into problems

of Scheduled Castes and Scheduled Tribes for their development Apart
from literacy and education, the Centre and State spends considerable
sums of money on housing, health and other welfare schemes directed
specifically towards the Scheduled Castes and Scheduled Tribes. The
Welfare Department of Punjab is implementing about 36 schemes for
the education, social and economical development of Scheduled
Castes.
In spite of this, however, literacy and education have remained
confined to a small section of Scheduled Castes and Scheduled Tribes,
largely because of economic conditions and also partly because of the
absence of any tradition of literacy education among them.
It is abundantly clear that many legislations have been passed
by the Parliament for protection of Scheduled Castes and Scheduled
Tribes and prevention of atrocities committed against them. However,
it must be kept in mind that mere legislations are not a solution to
any social problem including atrocities which are committed against
untouchables. There is an urgent need to change the mindset of
people towards the Scheduled Castes and Scheduled Tribes only then
legislations can be implemented effectively. If the current legislation
for the prevention of the atrocities is made more deterrent, it will
certainly go a long way in the prevention of atrocities. Nevertheless the
real solution to the problem lies in the sensitization of the people.

311

There must be an earnest effort from all the sections of the society to
make a change in attitude towards the depressed classes. The new
ways and means of implementation of Acts would require requisite
funds and their proper use. The State Government should allocate a
higher percentage of public money for priority areas like the protection
and socio-economic rehabilitation of a large populace which, for no
fault of its own, has suffered from want of even basic necessities of life
and has been facing indignities inflicted by fellow human beings.
7.2

SUGGESTIONS

1. Generally Scheduled Castes and Scheduled Tribes do not have

any information and awareness about their rights and privileges
under constitution of India and under special law. They should
be made aware of their rights through vigorous awareness
campaigns at grassroots level especially in rural, semi-urban
and tribal areas. Government can work in collaboration with
many NGOs like National Campaign for Dalits (Scheduled
Castes and Scheduled Tribes) Human Rights Commission to
monitor who are already actively working for the welfare of
scheduled castes and scheduled tribes.
2. In case of serious offences like murders and rapes against these
marginalized sections, a detailed report should be sent to the
Centre and The National Commission on Scheduled Castes and
Scheduled Tribes within four days of filing of an FIR.
3. The Scheduled Castes who are also subject to untouchability
live in ghettos, an environment totally unsuitable for education.
As such legislation may be undertaken to shift the children
requiring education to suitable localities specially built for the
advancement of education of these classes of children. The
general living conditions of the Scheduled Castes and Scheduled
Tribes are below human standards of living. They usually reside
in hutments or shanties. Concentrated efforts should be made
to provide basic housing, sanitary, clean water supply to those
312

people by the Government. The children residing in such area

face a lot of adjustment problems when they go to school as
there is a wide gap between the so called outer world and their
own hutments.
4. The Central Government should direct the State Government to
ensure that police officers should be sensitized about the
implementation of Protection of Civil Rights Act 1955 and
Scheduled Castes and Scheduled Tribes Act 1989, in their in
house training programme. Special lectures should be organized
for them through state officer or headquarters of National
Commission for Scheduled Castes and Scheduled Tribes.
5. The Central Government and State Government needs to study
in depth the underlying reasons behind high rate of acquittal of
the accused in Andhra Pradesh, Bihar, Rajasthan and Uttar
Pradesh where maximum cases are registered under Protection
of Civil Rights Act 1955 and Scheduled Castes and Scheduled
Tribes(Prevention of Atrocities) Act 1989.
6. It has also been observed that the level of awareness about
Protection of Civil Rights Act 1955 and Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act 1989 and
Scheduled

Castes

and

Scheduled

Tribes

(Prevention

of

Atrocities) Rules, 1995 is very low among the Scheduled Castes

and Scheduled Tribes across India. The awareness in even more
low in the village areas. The commission therefore, urged the
State Government and UT administration to display materials
pertaining to these Acts in local languages to enhance
information level of general public at large and Scheduled
Castes and Scheduled Tribes communities in particular.
7. Measures are also needed to ensure availability of adequate
public funds for the welfare of the Scheduled Castes and
Scheduled Tribes and for ensuring that the funds allocated for
their welfare are exclusively used for their welfare. Targeted

313

schemes are also necessary to improve the skill and educational

background conditions of these classes.
8. In case of caste based atrocities, a first information report
should be immediately registered by a police officer of a rank
not below the deputy superintendent of police, as per the
provision of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act 1989.
9. A proper case should be registered under the provisions of the
Scheduled

Castes

and

Scheduled

Tribes

(Prevention

of

Atrocities) Act, 1989, against the accused to avoid any further

hardship

and

harassment

to

the

scheduled

castes

and

scheduled tribes viticim. Their caste certificate is demanded not

just to register a case but for the starting of the investigation.
These procedural details deter the victim and place big
roadblocks in his or her quest for justice. Most often than not
numerous cases do not, get registered because of the failure to
produce the caste certificate.
10.

The resources should be nationalized. This will ensure

that Scheduled Castes and Scheduled Tribes will have land as

source of livelihood. In addition, the Scheduled Castes and
Scheduled Tribes must be given physical possession of the land.
11. Education is the most effective instrument for empowering these
groups. Although, there has been an increase in the literacy
rates amongst the Scheduled Castes and Scheduled Tribes, yet
they continue to lag far behind the general population both in
term of education and awareness. Even though Article 21-A of
Indian Constitution provides free and compulsory education up
to the age of fourteen, it is suggested that for the educational
improvement of Scheduled Castes and Scheduled Tribes, the
State Government must be provide free education to Scheduled
castes and Scheduled Tribes for higher studies also.
12. Political mobilization and unification of Scheduled Castes and

314

Scheduled Tribes will break the locks of their social, economic

and cultural exploitation and open the door of development.
13. Strict implementation of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 and Rules of 1995
should be ensure. Strict action must be taken against officials
who fails to implement the Act and its Rules.
14. All police stations should hold and display in their local regional
languages copies of relevant legislations enacted to protect these
vulnerable groups from abuse and violence.
15. There must be provision for adequate facilities including legal
aid to the persons subjected to any disability arising out of
untouchability.
16. It is necessary to appoint special officers for initiating or
exercising supervision over prosecutions for the contravention of
any of the provisions of any Act relating to Scheduled Castes
and Scheduled Tribes. For every special court, the Government
should appoint a police officer and an investigating officer
exclusively for the purpose of investigation in respect of cases of
offence under the Protection of Civil Rights Act, 1955 and
Scheduled

Castes

and

Scheduled

Tribes

(Prevention

of

Atrocities) Act, 1989.

17. Section 15(2)(iii) of Protection of Civil Rights provides for setting
up of special courts for trial of offences under this Act. However,
only Andhra Pradesh and Rajasthan have set up such special
courts to exclusively deal with atrocity cases against the
Scheduled Castes and Scheduled Tribes. So, it is necessary to
implement the said provision in every State and Union Territory
of India.
18. A positive step to check occurrence of atrocities is to identify
atrocity-prone areas and take preventive measures so that
incidents of atrocities do not occur. It is therefore desirable that
all the State Governments and UT Administrations conduct

315

periodic surveys and identify of the areas where Scheduled

Castes and Scheduled Tribes are under any disability arising
out untouchability.
19. When the State Governments and union territory formulates
policies or offer certain privileges to the Scheduled Castes and
Scheduled Tribes, monitoring and implementation committees
should be formed so that these policies are actually made to
work properly at ground level.
A change is our social scheme is the very first pre-requisite and
is very significant in wake of the new challenges which are arising in
society. One cannot a remain mute spectator for long. The need of the
hour is to change the mind set up of the people.

316