Violence Against Dalits

“Injustice anywhere causes threat to justice everywhere.”

Despite the Constitutional, legal and institutional measures to protect, preserve and promote the basic human rights and dignity of Scheduled Castes(Dalits) and Scheduled Tribes(Adivasis), India’s most vulnerable, marginalized and historically oppressed and excluded community; atrocities and violence on these sections of society have increased and impact of special law and institutions have been very marginal and limited.

Various reports(NCSC,2004; NHRC, 2002, Expert Group to Planning Commission, 2008; NCRB, Crime in India, 2007; Justice Malimath Committee on Reforms of Criminal Justice System, 2003 etc) and studies have expressed serious concern on increasing atrocities and violence on Dalits and Adivasis of India.

The Report of Expert Group, Planning Commission on ‘Development Challenge in Extremist Affected Areas’, 2008 stated that:

“Widespread practice of social discrimination, untouchability, violence, and atrocities against the weaker sections is an index of the failure of the promises made to the oppressed people of this country.”

Identifying the link between poverty, atrocities and Naxalite movement, the report rightly pointed out that the main support for the Naxalite movement comes from dalits and Adivasis because, Dalits continue to face wide-ranging economic, social disadvantages, and day to day humiliation and degradation, denial of justice and violent atrocities in India.
The genesis of discontent among Dalits lies in the age-old caste-based social order, which condemns them to a life of deprivation, servility, and indignity. The Constitution of India and various legislative and policy measures have created entitlements to undo this structure of oppression. But the traditionally privileged classes have had an undue influence on the process of implementation of these measures.

In the famous report of the Commissioner of SC/ST in 1988(28th report) the commissioner attributed the violence related to both Dalits and STs to three causative factors. One, unresolved land disputes related to allotment of government lands or distribution of ceiling surplus lands to SC/ST persons. Two, tension and bitterness on account of non-payment or underpayment of prescribed minimum wages. Three, resentment of upper castes over the manifestation of awareness among the SCs and STs about their rights and privileges as enshrined in the Constitution and various other laws relating to their welfare.

The National Commission on SCs and STs in its report in 2004 analyze violence against SCs and STs between 1997 and 2001, as published by the National Crime Record Bureau under the Ministry of Home Affairs. It shows that between 1997 and 2001, 1,27,933 atrocities against SCs were committed which gives an average figure of 25,587 per year.

The newly set up National Commission for STs indicates that figures of atrocities against the tribal communities in the central tribal belt of Madhya Pradesh and Chattisgarh have shown a significant increase between 2001 and 2004 – from 2021 in 2001 to 3012 in 2002 and 2553 in 2003, reaching 2343 in 2004. This is the belt which is most affected by Naxalite violence.


Committee (J. Malimath) on Reforms of Criminal Justice System, Government of India, Ministry of Home Affairs, 2003 stated:

“Weaker sections of society like the Schedule Caste and Schedule Tribes suffer more when the Criminal Justice System fails to live up to expectations.”

Malimath Committee identified three major problems of criminal justice system:

Huge number of pendency of criminal cases
Inordinate delay in disposal of criminal cases(time and money consuming)
Very low conviction rate: India- 42% under IPC cases, 83% under SLL, 30% under POA, in US, UK EU etc conviction rate is about 92%

“Historically speaking, Criminal Justice System seems to exist to protect the power, the privilege and the values of the elite sections in society.”

“The system (Adversarial) is heavily loaded in favour of the accused and is insensitive to the victims’ plight and rights.”

“Life has become unsafe and people live in constant fear. Law and order situation has deteriorated and the citizens have lost confidence in the Criminal Justice System.”
Equating truth with justice, the committee observed that, ‘pursuit of truth should be the guiding star of the Criminal Justice System and therefore, truth must prevail if justice has to be done.’ But, in present system, outcome of legal battle heavily depends on manipulative capacity of lawyers, appreciation of evidence etc.

To substantiate the above statement lets have a at a glance at the latest data provided by the National Crime Record Bureau ( NCRB) Crime in India, 2007

According Crime in India Report, 2007 two Dalits are killed; three Dalit women and two Adivasis women are raped every day.
The average conviction rate for crime against SCs and STs stood at 30.9%(only 26.1% under POA) as compared to overall conviction rate of 42.3% relating to IPC and 83.8% relating to (special laws)SL cases.

Lower conviction rate, higher acquittal rate and huge number of pending cases under the POA Act, 1989 is matter of great concern, notwithstanding the fact that as per section 14 of the POA Act, for the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for each district a Court of Session to be a Special Court to try the offences under this Act. Thus a Exclusive Special Court has to be established in each district by the State Government for speedy trial of the cases under the Act. After twenty years of Act only 137 Exclusive Special Courts, have been set up in the States of Andhra Pradesh (12), Bihar (11), Chhatisgarh (07), Gujarat (10), Karnataka (07), Madhya Pradesh (29), Rajasthan (17), Tamil Nadu (04) and Uttar Pradesh (40).In rest of the cases the district session courts have been designated s special court by the most of the states government, in most of the districts.

It must be noticed that many cases go unreported because of ignorance, poverty and lack of faith in police and judicial system. Dr. Manmohan Singh, Prime Minister of India expressed shock over this state of affairs (The Hindu, Tuesday, Sep 08, 2009).

This research project will undertake a study of socio-legal dimensions on the functioning of Exclusive Special Courts under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The politics of preventing harm: POA, Act was enacted in 1989 when champion of social justice B.P. Singh(JD lower caste base) was the Prime Minister but Rule was framed in 1995 when Narsimha Rao(Congress, Dalits were traditionally supported the congress party), PCR, 1955( as amended in 1976 by Indira Gandhi during emergency time to keep dalit vote bank intact), UOA, 1955(Nehru Congress) very weak law but to show the crocodile tear, impact of Dr. Ambedkar and Gandhi’s movement against untouchability and fulfill the constitutional obligation(Art. 17). Even before independence several states enacted laws and made regulation to curb the blot of untouchability.