FacingAtrocities DrRNHowal 300117

Dr. R. N.
HOWAL
FACING
ATROCITIES
In Independent India
Revealing a
Unfortunate
1 | Dr. R. N. Howal
True Story of th
SCST Communities
Facing Atrocities In Independent

India
Dr. R. N. HOWAL
FACING
ATROCITIES
IN INDEPENDENT INDIA
Revealing a True Story of the

Unfortunate SCST Communities,
who are Suffering under the
Powerful Hands of their own
Countrymen
2 | Dr. R. N. Howal

India
Facing Atrocities in
Independent India
Dr. Ravinand Namdeo Howal
@author
Published By: Bandhuta

Publication
First Edition : October 14, 2016
(71st Dhamma Chakra Pravartan Din)
Revised Edition for internet: 30th Jan 2017
rnhowal@gmail.com
3 | Dr. R. N. Howal

India
(April 14th 1891 to Dec 6th 1956)
Dr. B. R. Ambedkar
The Greatest Champion of Human Rights
in India
4 | Dr. R. N. Howal

India
Chapter Scheme
1: Introduction
Page : 13
This chapter gives brief outline of the
subject matter. It goes to the root of the questions
like-who are the Scheduled Castes & Scheduled
Tribes?It also throws some light on how, when &
why these groups became the Scheduled
Castes&Scheduled Tribes? The questions like why
atrocities take place against them? What is the role of
our socio-religious system in that? etc. are also
answered in this chapter, in brief. The chapter also
gives brief introduction of the constitutional
provisions, laws & rules. It also speaks of the latest
trends in the field of socio-cultural revolution &
present status of atrocity prevention.
2: Caste System: A Social Battle-Ground Page : 28
This chapter throws light on the emergence
& existence of the caste system in India. It shows how
religious system in India propogated the caste hatred &
untouchability. It also throws light on few socioreligious theories of emergence & spread of caste &
untouchability. It presents a present scenario in short. It
also comments on the nature of literature available
regarding the caste & caste conflict. At the end, this
5 | Dr. R. N. Howal

India
chapter tries to present the ground reality before the

reader.
3: History of Atrocities
Page : 69
This chapter throws some light on
incidences of social atrocities in ancient India. It also
takes note of the atrocities in modern period, especially
those in pre-independence period. It presents &
comments on few incidences experienced by Dr.
Ambedkar himself & also by few others, as an
untouchable. It presents in short the work of reformers
& response of the society to them. the It also tries to
find out the relation between atrocities & swaraj. At
the end of the chapter, it tries to show how the history
of atrocities is continued by the powerful groups in
India.
4: The Constitutional Framework
Page : 111
This chapter discusses about the
Constitutional Provisions made by the the Indian
Constitution. It enlists the safeguards provided by the
Indian Constitution for all India citizens in general &
SCSTs in particular. Along with the Fundamental
Rights & Directive Principles, it gives detail
information of provisions of Special commissions for
SCSTs (article 338 of Indian constitution) and actions
6 | Dr. R. N. Howal

India
taken as per that are also discussed in the chapter. The

review of various Laws & Rules are passed by the
Indian Government in order to prevent the atrocities is
also taken.( Protection of Civil Rights Act of 1955;
Protection of Civil Rights Rules of 1975; The
Scheduled Castes & Scheduled Tribes (Prevention of
Atrocities) Act of 1989 & Scheduled Castes &
Scheduled Tribes (Prevention of Atrocities) Rules of
1995; The Scheduled Castes & Scheduled Tribes
(Prevention of Atrocities) Amendment Act of 2015 &
Atrocities) Amendment Rules of 2016 are the main
acts, whose details are given.
5: Atrocity & Atrocity Prevention
Page : 180
The facts & figures about the atrocities
committed against SCST people in the postindependence period. It gives few authorized figures
between the years 1990 to 2010. The crime-wise, yearwise, State-wise atrocities committed, along with the
disposal of cases by the Police & Courts along with
responce of Administration is discussed in deep in this
chapter. This chapter also discusses the problems &
shortcomings that are observed in the prevention of
atrocities at various levels like law making, at police
Stations, at administrative level & at Courts. It finds
7 | Dr. R. N. Howal

India
the Loopholes in the framing of atrocity prevention

framework & also in its its implementation.
6: Conclusion
Page: 224
Appendix - I:
Page: 229
Status of implemantation of PCR & POA Acts by

year 2000.
Appendix - II:
Page: 230
Status of implemantation of PCR & POA Acts by

year 2010.
Appendix-III:
Atrocity
Commission
Page: 231
cases
Appendix-IV:
as
reported
by
the
SCST
Page: 236
Cases enlisted by Justice Mr. Yashvant Chawre.
Appendix-V:
Page: 238
Recent Atrocity News Appeared in Print Media
References
8 | Dr. R. N. Howal
Page: 240
India
About the Author
Page: 244
*****
9 | Dr. R. N. Howal

India
Preface to the First Edition

Atrocity, may it be committed against any
living being should be prohibited. Atrocity is a sign of
cruelty & is an inhuman practice. We may or may not
succeed in putting an end to the cruelties that are
committed against men or animals, but we should not
stop our efforts for that. This book is a small effort
dedicated to putting an end to the atrocities, stating
more clearly, the cruelties that are committed by some
human beings against another human beings. Though
the scope of this book is limited to Indian Social
system & Indian constitutional framework, the
thoughts expressed here are aimed at the emancipation
of all human beings & if possible, the other animals
too, from all sorts of cruelties.
A group of about 350 million Indians is
facing atrocities of various types in India today.
Though many of the acts of atrocities are not yet
covered under the Acts implemented by the Indian
Central government, now or then they will have to be
included. Even after that, the list acts will not be
completed, as laws & words are not sufficient to cover
all natural incidences, emotions & acts. This book
therefore, tries to limits itself to the legal atrocities,
i.e. the acts of atrocities, which are covered by the
Indian law.
This book presents some thoughts about
Indian Caste system & its negative impacts on Indian
10 | Dr. R. N. Howal Facing Atrocities In Independent
India
society in general & Scheduled Castes & Scheduled

Tribes in particular. It throws some light on the
emergence of the terms SC-ST & inclusion of several
castes in it. The book in few further chapters, presents
the valuable data regarding the atrocities that are
committed all over India, especially before &after
1950. A number of new tables are created, which could
be used by researchers, activists & well-wishers for
ready reference. The tables containing number of
atrocities yearwise, crimewise, statewise, SC-ST
categorywise etc. are included in further chapters.
Major States, where atrocities were committed in postindependence era are pointed out. Also, percentage of
atrocities in these States is compared with rest of India.
As per the provisions of preventive laws- Special
officers, nodal officers, vigilance & monitoring
committees, Special Courts, Special police Stations
etc. are supposed to be established & atrocity prone
areas are supposed to be identified. The progress of the
preventive machinery in these matters is checked &
results are presented for the readers. The details of
disposal of cases at police stations & courts are also
presented.
The liturature of scholars like Dr. B. R
Ambedkar can help us a lot in understanding the
problem in its full depth. Some religious texts like
Manusmriti can give us a deep insight into the
psychology of the oppressive minds. Few references of
both of them, are therefore given in the book for
comparison & helping the readers to catch the truth. It
India
is stressed by many intellectuals that the provision of

article 17 (abolishment of untouchablity) from the
Indian Constitution is totally abandoned by the
powerful caste people in real life. The book had tried
to find out the truth behind such opinions. It is seen
that the SCSTs, dominated by the local caste groups in
cities & villages, could not collect courage to go to the
courts. The working of courts &special courts
introduced by the preventive laws is examined by the
author of this book & presented before the readers for
their self-decisions.
During the initial phase of Indias
independence & after that, few laws & rules were
passed by the Indian Government. The Indian
Constitution also had introduced some safeguardsfor
the SCST people, along with all other citizens. The
laws like Protection of Civil Rights Act of 1955,
SCST (Prevention of Atrocities) Act of 1989, PCR
Rules of 1977 & POA Rules of 1995 are worth
mentioning. Even after all these provisions, the
atrocities are not yet stopped fully. It is very
unfortunate that the threat of atrocitylies there, for the
SCST child, right from his or her birth, up to his or her
death. Due to the presence of this fear, it is admitted by
many researchers& intellectuals, that there are low
litercy rates, low per capita income & least progress of
SCST people, found in all spheres of life.
It is true that we could not establish a totally
crime-less society. But it doesnt mean that we should
stop our efforts. We must continue our efforts of
India
creating a crimeless society. In this effort, we may not

succeed fully, by the partial success too will bring a lot
of peace,progress, prosperity & satisfaction to us.
Mere making of laws will not be enough. Nurturing
the minds will help us better. It does not mean that
laws will not be useful. Laws from one side & cultured
minds from another side will cut the mountain of
crimes more efficiently. Increased awareness &
enlightened value system, therefore, are the needs of
the day. Today, the awareness of the relavent laws is
increasing in the SCST groups; but this is not
sufficient. Awareness & support from both sides is
necessary for greater success. This book strives for the
same.
Finally, the book presents some conclusions
regarding the nature of Indian Social System, history
of atrocities, working of the Constitutional safeguards,
implementation of the preventive laws & rules; facts &
figures about the atrocities; disposal of cases at the
police stations & courts; response of the administration
etc. At the end, the book puts forward some
recommendations, in order to achieve the goal of
Atrocity Prevention.
- Dr. Ravinanad Namdeo Howal
(October 11, 2016)

India
Chapter 1
Introduction
Social Evils & Refoms in India

Who are the SCSTs
What is the real Problem?
What sort of Atrocities takes Place?
Why Atrocities take place?
Results of Atrocities
Present Safeguards & their implementation
What are the Matters of Worry?
Who can help?
The Foot Note
-----------------------------------------------------------------------
Social Evils & Refoms in India

In India, due to various reasons, social evils
like dominance of few castes over others; practice of
untouchability; socio-religious inequality; traditions
like Sati pratha; rule of the uncultured texts &
imbalanced thoughts etc. lived for a long time. After
the advent of Mohammedans in eleventh century &
especially during the British rule, some of the evils
were challenged by the newly learnt intellectuals from
vast masses of India. The fight against inequality
based on caste is one of the most important
developments in India today. It has shaken the very
India
base of the inequality based traditional social order in

India.
Social reformers like Raja Ram Mohan Roy
of Bengal; Mahatma Phule & Rajarshi Shahu Maharaj
from Maharashtra; B. Pantalu & R. Venkat Raman
from Madras; Swami Achyut Anand from Panjab, Shri
Narain Guru from Kerala, Periyar Ramaswami Naikar
from Tamilnadu, Mahatma Gandhi from Gujarat &
especially Dr. B. R. Ambedkar, who came from
Maharashtra region of India have fought their wars, for
the emancipation of the depressed classes. All of
these reformers, especially Dr. Ambedkar amongst the
all, weighed a relentless war agaist the caste
oppression & caste atrocities. He strived hard for his
aim of putting an end to these inequalities & atrocities.
Though this war has recorded a glorious victory over
most of the black traditions in India, the situation of
the SCSTs is not yet improved to the satisfactory level.
Even after 70 years of Indian independence,
the SCSTs are not yet accepted as the equal
counterparts of the Indian nation. Whatever may the
constitution say, the lives of these people have not yet
freed from a number of caste based atrocities. The
suicide of a scholar named Rohit Vemula is one of the
burning proofs of the cast based atrocities. It shows the
India
real position of SCST people in India today. Though

the Indian Constitution has introduced a number of
fundamental rights & directive principles of the State
policy in India, the vulenrabilty of the SCSTs to the
atrocities is not finished fully.
Who are the SCSTs

SCSTs are the most oppressed & excluded
people in the Indian society. Though the names SCSTs
(Scheduled Castes & Scheduled Tribes) were not used
earlier in India, a number of oppressed groups were
present in various parts of India. These groups are
described as the Asprishya, Antyaja, Avarna etc. in the
traditional Indian litetarature. These groups were
recognized with different names in different parts of
India, depending upon the culture & languages used in
those parts. These groups were termed as the
Depressed Classes, initially, by the British
Government. The term Scheduled Caste was used
for the first time by the British government. It was
used in the Government of India Act of 1935.
As per the law, first list of the Scheduled
Castes was declared in 1936. It is known as the
Scheduled Castes Order, 1936. There were 429
castes from all over India, which were enlisted as the
Scheduled Castes by the above mentioned order. The
India
use of term Scheduled Tribes is made for the first

time, by the Indian Constitution in 1950. This year, an
updated list of the Scheduled Castes & the first list of
Scheduled Tribes were published separately by the
Indian Government. These lists are modified a number
of times thereafter. Toady, there are about 1800 castes,
groups or jatis which are included in either of the lists.
The SCSTs constitute about one fourth of the Indian
population. The number goes to not less than 350
million.
What is the real Problem?

These groups, named as the SCSTs, are
facing various types of atrocities still today. Atrocities
are committed by some people from the locally
stronger groups or Jatis or Castes. Indian society is a
home to near-about 7500 groups or Jatis or Castes.
Most of these castes have a sence of local superiority
or inferiority with respect to each other. Now, as
everything hgas became national, the superiority or
inferiority too, have become national. It is now a well
accepted fact that the socio-economically & politically
less powerful groups/castes are suppressed &
dominated in various fields of life by the
comparatively powerful castes. In the preindependence era, there was no any powerful
instrument to take cognizance of the individual or
group atrocities done by the powerful caste people,
against the less powerful caste people. But from1936
India
onwards & especially after 1950, the less powerful

groups were consolidated, at least theoretically, as the
Scheduled Castes & Scheduled Tribes. Various
provisions are made in the Indian constitution, to
safeguard their lives & properties. Few laws are also
introduced to protect them against the tyranny of the
powerful groups. All these development have created a
sort of dissatisfaction in the minds of oppressive
people & therefore, instead of solving the problems, it
has made the situation more complex.
What sort of Atrocities takes Place?

Lets have an example for demonstration.
There is a field study report presented by the
Committee for Protection of Democratic Rights, in
Maharashtra. This field study was conducted in year
2003, in the Marathwada region of Maharashtra State.
It is supposed to be the most backward region of
Maharashtra. A short look at this report will give us the
right understanding of this problem. A team consisting
of Dr. Anand Teltumbade, Akram Siddiqui, Subodh
More & Hashim Mohammad visited Cities like Jalana,
Bhutegaon, Sona Khota & Aurangabad in order to find
out the truth regarding the complaints of atrocities
committed committed against the Dalits in
Marathwada. This visit was taken place during July
25th to 28th, 2003.
This team had concentrated on incidences of atrocities
like18 | Dr. R. N. Howal Facing Atrocities In Independent
India
1. the burning & killing of a Matang youth Mr.

Dilip Shendge at Bhutegaon (Tal-Dhansavangi,
Dist-Jalana) on 14th May, 2003;
2. The attack with an axe on a Matang woman
Janabai Thorat, from Murthi Village (again TalDhansavangi, Dist-Jalana). She was pregnant at
that time.
3. The Killing of Mr. Dadarao Dongare in SonaKhota village of Dharur Taluka in Beed district
of Marathwada.
Now, see what the report says. It says that
most of the atrocities in the Marathwada region are
committed after the conflicts occurred on the
question of water. Due to shortage of water, hand
pumps are instituted in the villages by the government
bodies. Almost all of the handpumps are instituted in
the residential areas of the non-SCST people.The
conflicts on the issue of water was became an
everyday matter. Committee has reported all this, after
visiting the villages & observing the atmosphere there.
It has reported this, after having some talks with both
of the parties & visiting police stations in the village.
We, therefore has to take the report very seriously.
The report also records that the Murthi
village, located some thirty kilometers away from
Ghansavangi Tehsil had so bad approach roads that the
research team could not visit it & had to satisfy itself
by visiting the Ghansavangi Police station. In that
India
police station, they saw all sorts of people, except the

police. After some time, they saw a constable who was
working as the in-charge of the police station arriving
there. He could not find out the register of
complaints, which is supposed to be kept in the Police
station. When the committee tried to find out the the
reasons behind the atrocities, the committe found that
the atrocities were committed out of jaloucy of
economic or political progress. It is also found that
some powerful political leaders from some political
parties were supporting the commission of atrocities &
police remained silent spectators. It is also found that,
sometimes, they help the accused.
The report records that there are incidences
of mob atrocities committed almost everywhere,
now or then. People are killed with unbelievable
cruelty with the help of heavy stones, sticks, axes &
the like. Untouchability still existed in marathwada in
various forms. There is one shocking note about the
Bhutegaon case. The main culprit in burning &
killing case at Bhutegaon was a professor by
profession. Somebody may question as to what such
professors could have taught the students? It is also
reported that the internal conflicts of the dalits have
made them weaker. This weakness has been resulted in
the increased atrocities that are committed against
them. It is also recorded that most of the incidences
have taken place due to the efforts of the SC people, to
observe their right of equality. Some people from the
powerful castes try to dominate them & maintain their
India
traditional superior position. This initiates conflicts

between them & finally results in the atrocities.
Obviously, the less powerful has to face the problem.
The committee also reports that the leaders
of few political parties do not even care to visit the
victims after atrocities. This shows their hostility
towards the SCST people. Another reason for
increasing atrocities is the inadequacy of the number of
police in the police stations. Many times, for various
reasons, they too remain much careless.
Why Atrocities take place?

Atrocities on Scheduled Castes &
Scheduled Tribes are an age old problem in the Indian
society. There are two main reasons behind the
continued atrocities. Firstly, it is the traditional Social
System in India, which encourages the hatred &
atrocities against the SCST people. Secondly, there is a
great lacuna, in the implementation of legal
framework, which is meant for atrocity prevention.
Social causes behind the atrocities are studied by many
people, but the Procedural lacuna in implementation of
preventive mechanism has been remained untouched
by & large. This book along with discussions regarding
the social traditions, will throw a strong light on the
procedural lacuna. Today, people agree that atrocities
are committed due to various social & personal
reasons like practice of untouchability, land disputes,
demand for equal wages, demand for equality,
India
dominating mindset of the powerful persons in villages

& sometomes at cities, effort of the downtrodden to
assert their constitutional rights of equality & so on.
Results of Atrocities
The conflicts between SCST & non-SCST
people result in excommunication of the SCST
persons, their mental, physical or both types of
harassment, destroying or burning of their property,
rape of SCST women, beating or killing of SCST
person or anything like that. Such things result in the
. of peace in the region or state or nation. Such
atrocities result in personal disaster. The victim may
loose his belief in the humanity. Many people live in a
feared state of mind throughout their lives. It is also
said that such a feared state of mind results in less
progress in education, business & all other walks of
life. The caste based atrocities engrave the caste hatred
& results in social dis-order.
Present Safeguards & their implementation

From 1950 onwards, Indian constitution
has introduced a number of specific provisions, which
are serving as the safeguards & protections for the
citizens, especially from the poor socio-political
background. These provisions are useful for
safeguarding the marginal sections like the SCSTs in
India. Fundamental rights & Directive Principles of
State Policies, included in the Indian constitution are
revolutionary in their nature. Their impact can help &
guide the rulres in preventing the atrocities on SCSTs.
India
There are a number of relavent laws, which are passed

after 1950. The Protection of Civil Rights Act of 1955;
The Scheduled Castes & Scheduled Tribes (Prevention
of Atrocities) Act of 1989; The Protections of Civil
Rights Rules of 1977; The Scheduled Castes &
Scheduled Tribes (Prevention of Atrocities) Rules,
1995 are few of them. These are the special laws &
rules, made exclusively for the protection of SCSTs in
India.
What are the Matters of Worry?

Along with the individual or group
atrocities committed by the general citizens, atrocities
committed by the police & forest officials have been
emerged as a matter of worry. No proper training of
the officials is one of the strongest reasons behind the
atrocities. In day to day life, the inequality & pollution
propagated by the so-treated religious philosophy adds
to the huge mountain of the atrocities. There are n
number of very degrading thoughts & rituals, which
are propagated by the so called shastras, puranas &
other religious texts. These texts create sufficient
ground for the domination & exploitation of the
erstwhile groups like asprishya, antyaja, avarna etc.,
which are recognised as the Scheduled Castes &
Scheduled Tribes today. Earlier, only few texts &
mouth publicity of degrading thoughts was possible;
but today, various newspapers & magazines, cinema,
television serials, social media etc. is used for
preaching the degrading thoughts. This has made the
situation more dangerous, for the social well-being &
India
social peace. A number of such things individually or

collectively, are responsible for the continuation of
caste based atrocities. Due to the social imbalance &
lack of interest of the machinery, the constitutional
provisions are felling too short in curbing the
atrocities.
Though general people feel that quite a
good infrastructure is created for the atrocity
prevention, keen observers can easily see that this
infrastructiure has a number of loop holes. More over,
its implementation is concentrated mainly in the hands
of the poeople, who are not much interested in its
operation. A number of researchers, scholars &
committees have proved that the atrocity perevention
machinery in India do not work efficiently. This
enefficiency is not because of the inefficiency of the
laws or constitutional provisions; but it is crippled
there, due to the mass inefficiency of the implementers
of laws & safeguards. A number of commissions &
study groups have proved that the implementors of the
atrocity acts do not do wholehearted efforts for
preventing the atrocities.
Though atrocities take place all over India,
the situation is not same all over. In states like
Maharashtra, few of the powerful castes like Maratha,
Jain, Lingayat etc. are directly involved in committing
atrocities. Castes like Brahmins are not found directly
involved in them. At many places, the scholars &
researchers have observed inefficiency of the Courts &
India
Police. There is an average delay ranging from 11 days

to six months in lodging the complaints at Police
Stations, as found in some districts, like Kolhapur. It is
reported that at few places, the delay have been
extended up to five years. It is also found that the
investigations are not completed by the concerned
officials in thirty days, as is required by the law. Such
things like investigation not done by the higher officer
of required level, later serves as a tool, to leave the
culprits without any punishment. These things
continue to happen, even after the passage of a number
of circulars & orders by the respective governments.
The decisions of courts in atrocity cases are
found to be delayed much longer. It is up to six years,
at an average. In some cases, the decisions have come
out after seven to fourteen years. It is not yet noted by
the atrocity prevention machinery, that most of the
atrocities are fearlessly committed at the open places in
cities & villages. This thing in itself is a strong proof
of the fact that the culprits do not have any fear of the
law & order machinery in particular & the Indian
society in general. After a keen & careful study, it is
revealed that some of the cases of atrocity are lodged
out of rivalry of some of the social or political groups.
In such cases, few SCST members & the preventive
laws for them, BOTH are misused by the culprits. But
this news of misuse should not provoke anybody to
suppose that atrocity cases are fabricated.

India
In most of the cases, the atrocity cases are

lodged by the victims in the angry state of mind; but
after few days, the anger gets released. The atrocities
too, are committed in an angry state of mind. That
tension of the culprit too comes down & its place is
occupied by fear of law. Both of the parties could not
sustain the pressure of the case. The witnesses too have
to live in the feared state of mind. In such situation,
almost all of the people involved in the case may move
from their original stand. This gives another turn to the
whole story. As a result of all this, along with the
selective loopholes in the legal procedures make the
cases to end up with acquittals. Courts too remain
ignorant about the things happening behing curtail.
The special judges press on technical points. For
example, they accept the argument that the
investigation is not done by the DySP or higher officer
(as is required by the law) & leave leave the culprits
without giving any punishment. Such things aggravate
the situation.
Government sometimes withdraws atrocity
cases from the courts. It did not take any consent of the
victims before doing this. Such things needs special
attention of the government. It is now repeatedly
demanded that the root causes of the atrocities should
be found out & destroyed, instead of finding out the
temporary solutions. Government & non-government
organizations like Police, Courts, Media, Political
Parties & their leaders etc. have a great role to play in
this situation. But they do not do it. Proper filing of the
India
cases, allowing NO BAIL to the accused; taking

consent of the victim before closing the cases;
registering the witness only in the special court to
avoid duplication & contradiction; avoiding
harassment while cross-examining; increasing
awareness of common people & avoiding too much
technicalities; providing adequate facilities, immediate
relief & expenses like traveling allowances to the
victims; giving wide publicity to the issues regarding
atrocities etc. are some of the solutions in our hand,
which can defeat the devil of atrocities.
Who can help?

All honest people in all sections of the
society if came together, can definitely put an end to
the atrocities. It is not the duty of few. All our
problems are mixed with each other. Therefore,
solution of one problem may initiate the solution of
some another prblem. As far as India is concerned,
there are a number of government bodies like the
Police, the Courts, the SCST commission, National
Human Rights Commission (NHRC), Social Justice &
Empowerment Ministry etc., which are generally
responsible for taking special care of the SCST people.
Such bodies, along with the institutions like National
Crime Record Bureau (NCRB) etc. get their annual
reports published every year. These reports may help
us to understand the real problem. But at the end, it is
we, the enlightened people of the world, who can
extend our help to the helpless generations.
The Foot Note

India
The earlier generations of the SCST people

heve left this world adjusting themselves with the caste
atrocities & caste oppressions; but the younger
generations are not ready to adjust themselves with the
oppressions & atrocities. This generation is well aware
of the acts & rules. It is ready to use the law & fight a
legal battle of their self-respect & freedom. The
awareness among the victim groups is now increasing
day by day. They are coming forward for putting an
end to the atrocities.The Indian constitution has
introduced various safeguards. It has provided equal
opportunities to all in all walks of life. Though these
provisions have created some dissatisfaction among
the dominant groups, such dissatisfaction is not a thing
to welcome. Such dissatisfaction in itself is one of the
most important causes of the atrocities.
Modern laws expect equal treatment to all;
but the social mind in India had not yet accepted the
modern values. This conflict of values, too, results in
the caste based atrocities. Due to the loopholes in the
legal system, the culprits manage to escape & in very
few cases, the culprits get any punishment. This
absence of punishments too, is responsible for
increased courage of the oppressors. The greater is the
demand for equality by oppressed groups, increased
are the atrocities committed against them, by the
dominant groups. This has become an unending cycle
in the Indian society.

India
We, the people of India & the world,

therefore, must understand the basic reasons behind
the atrocities & go for annihilation of them. The
preventive measures introduced by the law had to be
reviewed thoroughly & new measures, wherever
applicable had to be employed, after every certain
interval. We must take a note of the repeated failure of
the legal machinery, in curbing atrocities. This book
suggests some fool proof solutions to destroy the
loopholes in formulation & implementation of the law.
Establishment of social equality, fraternity, liberty &
justice for all, should be the final aim of all of us.
***

India
Chapter II
Caste System: A social battle-ground
The Indian Social System
Religious chaos
Origin & spread of Untouchability
Views of Mahatma Phule
Views of Vitthal Ramji Shinde
Views of Marc Galanter
Views of Dr. Ambedkar
What we can see?
The Present scenario
What to rely upon?
The Ground reality
------------------------------------------------------------------
The Indian Social System

It is now became a well accepted fact that
the Indian social system is a home to hundreds &
thousands of castes & creeds. Indian population is a
mixture of various groups separated by provincialism,
Languages, religions and above all, about 7500
different castes. Mr. G. S. Ghurye, in 1969 has
estimated than an approximate number of castes in
India is about 2000 to 3000. Marriot & Inden in their
Caste System have estimated the number of castes to
India
be ranging from 5000 to 15000. The castes are again

divided into sub castes. From a long period of about
3000 years, there is a strong social feeling against the
inter-caste & inter-religious marriages in India. Even
though there are seen some positive signs of reduced
orthodoxy in modern period, the casteist mindset still
rules the Indian Society, bye & large.
When we look at the history of Indian
Society, we can see that a number of things have
interrupted the natural growth of Indian Society. The
Varna System advocated by Brahminic forces, is one
of them. It was introduced for the first time by the
Vedic liturature and afterwards it was forced on to the
Indian masses. It is done chiefly with the help of
religious, social & political authority. The Varnas, at
later stage, went on splitting. Taking in to
consideration the natural flow of any society, or using
our own common sense, we can say that, four Varnas
were not present initially in the natural state. The idea
was initiated in the minds of one or more persons
initially. In further course of time, it was accepted by
few intellectuals & in the next phase, scripted in the
Vedic literature. Though the Vaidic literature have
divided the society in four groups theoretically, it was
not possible for any person, script or system to bring
India
the concept into the reality, at a time, and that too, to

its fullest extent.
It is not possible for anybody to spread any
concept, all over a large province, at a time. It is quite
clear that it can be spread gradually. It is quiet clear
from this fact, that there were just a few people
advocating the concept of varnas, initially. They could
include just a few groups in their classification, as not
all groups were known to them. It is also obvious that,
the included groups couldnt have practiced the
concept honestly, as these are the concepts going
against the natural spirit of honest human beings.
Therefore, just a few groups accepted the concept,
while others have not! It is also quiet evident from this,
that there was a large chunk of Indian society, which
was not inside this classification. This chunk was not
aware of this classification, at all. In course of time,
some groups might have accepted it & some have
resisted it. It is also possible that, the dividing forces
might have succeded in forcing few groups, to accept
the system, with the help of any power.
As is stated by many intellectuals, it is quiet
possible that, only one, two or three classes were
theoretically present, in the initial phase. It is also
possible, as stated by many intellectuals, that there was
India
only one group of Sanskrit-Speaking people, who

advocated this concept. The group of these Sanskrit
speaking Brahmins was spread only in a limited area
with a limited number of people. Later on, this theory
extended to include more groups. These groups are
recognized as the Kshatriya, Vaishya & Shudra. It is
exposed by great intellectuals like Dr. Ambedkar &
many others, that the people who never accepted the
Brahminic theory of division & oppression, were
termed as Ati-Shudra, Avarna or Antyaja by the
advocates of the Varna system.
It is quiet natural and obvious that, even
after hundreds & thousands of years of such
classification, there remained a large chunk of the
Indian residents, who never accepted this theory of
division. Nobody could be mighty enough to bring all
the groups under this unnatural theory of classification.
We can see many possibilities here. First, the large
chunk outside the classification was present in various
regions of India and was in a scattered form. Few of
them were well-organized & others were not! Few of
them were fighting with each other & others were not!
Few of them were having some communication with
each other, while others were not! They were isolated
from each others, due to different languages, traditions,
India
animocity, absence or inadequacy of instruments of

communication, large geographical area & so on. It is
quiet obvious that few of the groups had their welldeveloped languages & others had not! In such a
situation, conversation among all of the groups was not
fully possible.
Vedic people were using Sanskrit language.
Other groups were not using or learning it. In such a
situation, it was not possible for them to know &
understand the classification which the Brahminic
system was advocating. Various groups in India were
using their own languages & Vedic people were fully
ignorant of them. In this situation, it was not at all
possible for the advocates of the Chaturvarnya
system, to enforce their system on all the indigenous
groups, scattered in the thousands of kilometers of
Indian peninsula. In this situation, it is quiet obvious &
clear that, the Brahminic Scholars started the use of
word Avarna, for making any reference to the vast
population, which was present in various scattered
groups, which were not possible for them to include
separately in the Varna system.
Though the word Avarna was used for all
those people who were not the part of the Vedic
India
system, it is obvious that they were not at all present as

a unique group. It was happened just like the Moghals
attackers called all Indian residents to be the Hindus. It
was happened just like the British forces called all the
residents from Kashmir to Kanyakumari, as Indians. It
is quite possible that a number of Indian groups were
well cultured & well organized in the Vedic period too.
But because of the hatrerd towards the original
residents, the then Brahminic attackers & Scholars
gave secondary treatment to the diverse groups, in
their literature. This happened on account of three
main reasons. 1. These authors were hostile towards
rest of the masses in India. 2. They wanted to establish
their own rule here and 3. They were not sufficiently
aware of the rich languages & cultures of the Indian
masses.
In course of time, due to internal or external
wars & rivalries, natural disasters like flood, famine
etc. few groups became less powerful as compared to
each other. This process of becoming strong & weak
continued for a long time & is continued till today. The
process is going to continue till the end of the human
world. In course of Indian struggle, few groups
accepted the Vedic system either willingly or
forcefully. Few of the groups never accepted the
India
inequality based Brahminic culture & continued to

fight against it. Those who accepted the system, were
accepted by the Brahminic scholars into their Varna
based fold, but placed them on the downward stairs
gradually, depending upon their use & their power ro
resist the Brahmanic order. Those who never accepted
the Brahminic order; but at the same time could not
maintain their own power, were excluded gradually &
placed on the last positions, in the theory. The theory
later helped them to consolidate their own position,
throughout Indian Peninsula.
In the Mohammedan period, millions of
Indian people escaped from this oppression of the ill
culture. In British era too, they got a golden chance to
fight against the oppression & ill culture. In Brahminic
rule, only the Sanskrit speaking people were
considered to be cultured people by the Brahminic
rulers. In the British era, on the same line, only English
speaking people were considered to be the cultured
people, by the British rulers. In this situation, the
prestige of Sanskrit speaking people was dramatically
increased & that of the Sanskrit speaking people was
greatly reduced. Millions of people from various folds
of India tried to learn English & become English in
this era. Millions of Dalits & outcstes too, again found
India
a golden chance to raise high & escape from the

oppressing ill-culture.
The Avarnas were not considered to be
the cultured people by the established Brahminic
intellectuals. Reality can be much different than their
conception. From the descriptions we get to see in the
Brahminic literature, we can say that Brahminic people
were living more degraded life with more degraded
culture, as compared to the rest of the Indian masses.
The Indian masses might have become become
vulnerable due to their internal conflicts & wars; but
this could not enable us to question the culture of
anybody. The victory of winners does not assure us of
the superior culture of the winners. The winners in the
war or conflicts can be recognized as the powerful
persons; but we can not & should not recognize them
as the cultured people! We therefore should reject the
hypothesis of the Brahminic forces, that they were
more cultured than others!
It is said that in the period of the conflict
between Buddhism and Brahminism, most of the
literature of the Buddhist ideology was burnt by the
Brahminic side. It may also be done by the Moghal
attackers, at some places. As a result of that, most of
India
the things, the Indian people know today, about

religion, gods etc. have come from the Brahminic
literature & Brahminic spectacles. This literature is not
impartial about other classes, especially the rival
groups, which were stood in the opposition of
Brahminism. A lot of wrong, misguiding & insulting
things are written in the so called sacred & religious
books of the Brahminic culture. Hence, in order to to
know the truth, we had to rely mostly on the nonbrahmin literature. We must take a note of Mr. Vitthal
Ramji Shinde, a great social reformer here, as he says
that, if we compare the literature in Pali Language (the
literature coming from Buddhist ideology) with that of
the Sanskrit literature (comig from Brahmanic
ideology), we find that literature in Pali language is
better & more trustworthy than the Hindu literature
(found in Puranas etc.), as far as the Truth, straightforwardness, neutrality & greatness is concerned!
Religious chaos
According to the old religious books, there
were four major classes or Vernas in ancient India.
They were known as Brahmin, Kshatriya, Vaishya &
Shudra. According to various scholars, there was one
more category outside this Varna System, which was
known as Avarna. This fifth classs constituted the
India
ex-untouchable class. There are different theories

describing the origin & existence of these groups. The
ninetieth Hymn of the Tenth Mandala of Rig Veda
from Brahmanic literature is known as the Purusha
Sukta. It is famous about its too unrealistic theory of
origin of these classes.2 This Purush Sukta says that the
Brahmins are born from the head of Brahma;
Kshatriyas from his arms;Vaishyas from his thies &
Shudra from his feet. Even though this is a very
meaningless thought, it was advocated by a number of
so treated great intellectuals of Brahmanic fold, for
few thousands of years. This false origin of varnas was
treated to be true, by the ignorant people, as
intellectuals told the common masses that everything
written in the books like Veda was exclusively true,
written by the god himself & was totally unchallangeable.
Because of the godly impression, such
thoughts, even though being totally meaningless,
exerted a very strong & wrong impression on the
social mind of India. Dr. Ambedkar says that, The
social order prescribed by the Purusha Suktahas never
been questioned by anyone except the Buddha. Even
Buddha was not able to shake it, for the simple reason
that both after the fall of Buddhism & even during the
India
period of Buddhism, there were enough law-givers,

who made it their business not only to defend the ideal
of the Purusha Sukta; but to propagate it and to
elaborate it.
Dr. Ambedkar gives us two examples. One
is from Apastambha Dharma Sutra & another is
from the Vasishtha Dharma Sutra. The Apastamba
Dharma Sutra states as follows- There are four castes
Brahmins, Kshatriyas, Vaishyas and Shudras.
Among these, each preceding caste is superior by birth
to the one following. All three castes (except the
Shudras & wrong-doers), will be allowed to do
following three things- 1. To do their initiation (i. e.
Upanayan/wearing of the sacred thread); 2. To study
the Veda; and 3. to kindle the sacred fire i.e. to
perform sacrifice for god. Dr. Ambedkar says that this
is repeated by Vasishtha Dharma Sutra. This Dharma
Sutra says, there are four castes (Varnas) viz.
Brahmins, Kshatriyas, Vaishyas and Shudras. Three
castes- namely Brahmins, Kshatriyas and Vaishyas are
supposed to be twice-born castes.
Most of the so called sacred books talk too
much un-realistically about the Shudras. According
to Dr. Ambedkar, many other law-givers have repeated
India
the theme of the PurushaSukta in parrot-like manner

& reiterated its sanctity. Dr. Ambedkar says that, Manu
have done two things. At the first place, he enunciated
afresh the ideal of the Purusha Sukta as a part of divine
injunction. In the second place, going a step further,
Manu had enunciated that Veda is the only & ultimate
sanction for Dharma. Dr. Ambedkar writes
commenting on this- Manu invested the social ideal
of Chaturvarnya contained in the PurushaSukta, with
a degree of divinity & infallibility, which it did not
have before!
Summarising the laws of Brahmanic
ideology, Dr. Ambedkar says that, these laws have
propagated1. That the Shudra was to take the last place in the
social order.
2. That the Shudra was impure and therefore no
sacred act should be done within his sight and
within his hearing.
3. That the Shudra is not to be respected in the
same way as the other classes.
4. That the life of a Shudra is of no value &
anybody may kill him without having to pay
compensation & if at all, of small value as
India
compared with that of the Brahmana, Kshatriya

& Vaishya.
5. That the Shudra must not acquire knowledge
and it is a sin and a crime to give him education.
6. That a Shudra must not acquire property. A
Brahmin can take his property at his pleasure.
7. That a Shudra cannot hold office under the State
8. That the duty & salvation of the Shudra lies in
his serving the higher classes.
9. That the higher Classes must not inter-marry
with the Shudra. They can however keep a
Shudra woman as a concubine. But if the
Shudra touches a woman of the higher classes,
he will become liable to dire punishment.
10. That the Shudra is born in servility & must be
kept in servility for ever.
Origin & spread of Untouchability
In the concluding paragraph of the book
The untouchables: who were they and why they
became untouchables? Dr. B. R. Ambedkar writesWe can, therefore, say with some confidence that
Untouchability was born some time about 400 A.D. It
is born out of the struggle for supremacy between
Buddhism & Brahmanism, which has so completely
molded the history of India & the study of which is so
woefully neglected by students of Indian history. 8 Dr.
India
Ambedkar gives an example of a Chandal girl here,

who was described as a Royal glory of the race of
Trimaku, in the Banas novel. The author of the
novel, the Bana was a Brahmin & this novel was
written in about 600 A.D. Dr. Ambedkar, considering
the period, points out that by 600 A.D., the Chandalas
had not come to be regarded as Untouchables!
Dr. Ambedkar presents another example of
Chinese traveller Yuan Chwang, who came to India in
629 A.D. He stayed in India for almost 16 years. While
describing the cities & buildings in India, Yuan
Chwang writes, the Butchers, fishermen, public
performers, executioners, & scavengers have their
habitations marked by a distinguishing sign. They are
forced to live outside the city & they sneak along on
the left when going about in the hamlets. Dr.
Ambedkar says, It is, therefore, possible that when
Yuan Chwang came to India, untouchability had just
emerged. Before presenting this conclusion, he had
pointed out the presence of the terms & conditions,
which were related to the untouchability. Those were
mentioned in the Vaidic literature; in Manu Smriti; in
the writings of authors like Prof. Buhler & Daphatry;
in the descriptions of India, written by Chinese
India
travellers Fah-Hian, Yuan shwang etc; & also in the

literature of Indian Brahmins like the Bana.
We can see some of the symptoms of origin
of untouchability in the period of Buddha too. In its
initial stage, as I see, the untouchability was present in
the form of exclusion from the society. There is one
important incident narrated in the life-story of young
prince Siddhartha, who later became the Buddha, after
some sixteen years. This incidence was happened in
his own kingdom, before his becoming the Buddha. He
was a young citizen & prince of kapilvastu. It was a
tradition that every youth was accepted as a member of
the Shakya Sangha there, after carriage of certain
procedure. When Siddhartha became a member of
Shakya Sangha, there was arrived a possibility of war
between the Shakya & Koliya dynasties. Both parties
were residing on the opposite sides of Rohini River.
The matter was ignited through a conflict of Raj
Sevaks on the issue of use of water of the river, for
irrigation purpose. This conflict was extended to such
a limit that it resulted in the possibility of a war
between Shakyas & Koliyas.
The Shakya Sangha passed a bill of war
against the Koliyas, under the leadership of their chief
India
of the Army staff. Young Siddhartha opposed the idea

of this war & refused to join the army, even after the
proposal of war & compulsory participation of
every Shakya youth was passed in the sangha. The
Chief of the army staff threatened Siddhartha on this.
Under his leadership, the Shakya Sangha decided to
declare a social boycott against Siddharthas family &
to confiscate all of the lands of his family. Young
Siddhartha took a step backward on this & requested
the chief of the army staff, that his family members
may not be punished & put in to distress. He also
requested the Chief for not making them destitute by
confiscating their lands. He also kept a new proposal
in front of the army chief. He proposed that he
(Siddhartha) will become a Parivrajaka & leave the
country, as a punishment. This proposal was accepted
by the chief & thus, the family of Siddhartha was
escaped from the exclusion.9
This matter of expulsion & confiscation of
lands of siddharthas family, can be treated as one of
the important proof of the nature & origin of the social
exclusion in ancient India. This initial social exclusion
gradually resulted in more powerful strategy to destroy
the opponent. We can theu find the roots of
untouchability & emergence atrocities through it in the
India
ancient India. This practice went on becoming more &

more effective, as the days passed, to destruct the
opponent. This nature & growth of untouchability &
atrocities clearly demonstrates that the issue of
untouchability & atrocity is less social & more
political in nature.
There are different views of different
scholars regarding the formation of castes in India.
Few scholars feel that the castes have come out of the
professions adopted by people or groups. Few others
impart it a divine origin & say that castes have came
out of the Varna System. Few foreign intellectuals
have propagated the endogamous origin of the caste
systems. Legendery scholar & reformer Dr. Ambedkar,
on the other hand, have refused all such views. He
states that castes are the part & parcels of the same
local groups.
Views of Mahatma Phule
Jyotiba Phule, who is recognized as
Mahatma Phule in India today was of the opinion that
the Brahmins have created false books to establish
their own rule & dominance over the others. They
preached that the so called religious books were
created by the God himself. Mahatma Phule also
India
heavily attacks the story of birth of the four varnas viz.

Brahmin, Kshatriya, Vaishya & Shudra, as is described
by the people like Manu. He said that the story is a
false & untrue story. He also pointed out that not all
human beings are included in the Varna system.
Mahatma Phule also says that the stories of the
Avatars written in the so called sacred books are
the false stories. The so called avtaars were not the
Avtaars of God. All these people were the leaders of
Brahminic forces & they were not free from the bad
virtues or habits; which every human being possess.
Mahar was treated as an untouchable caste,
by the Brahminic forces. In reality, it was a caste of
intelligent & honest people in India. Today, we can see
that it is spread in over 13 Indian states & accepted
various names. The names are differed due to different
languages & cultures dominant across different areas.
Though the caste was dominated by the local groups &
once reached to the untouchable status, the
intellectuals could not neglect the potential &
competence of this & similar other castes. According
to Mahatma Phule, the word Mahar is originated
from the word Maha Ari, which means the Big
eanemy. According to him, Mahars were the Big
Enemies of the Brahminic system. He says that the so
India
treated untouchable castes like Mahar, Mang etc. are

the erstwhile Martial races. They were once living as
the Kshatriya communities. Authors of various books
like Indian village Communities have described
them as the brave, tall, handsome & trustworthy
people by the authors like.
All the discriptions of so treated
untouchable castes in Brahminic literature are
contradictory to the descriptions that we can find in
any other liturature. Most of the western authors &
scholars have described these so treated untouchables
as the brave, intelligent & honest people. Only the
Brahminic forces have written badly of them. Views of
Mahatma Fule are matching with the trustworthy &
progressive intellectuals.
***
Views of Vitthal Ramji Shinde
A well known reformer Maharshi Vitthal
Ramji Shinde from Maharashtra was a Maratha
scholar. He had a deep understanding of the problems
of untouchable castes. In his book named The
untouchables Quest, he presents a number of
incidences from Indian history, where the so treated
untouchables have demonstrated extra-ordinary
India
qualities & bravery. Take an example of Nagnak

Mahar of Nagewadi village. His village was situated
near Vai in Satara district of Maharashtra. Indian
History has registered his prowess, when he took over
fort Vairatgad from the Mohammedans in year 1753.
He won this fort for Maharaja Rajaram of Satara. 20
There is another example of Shidnak Mahar. He fought
bravely in the war of Kharda & saved the life of
Parshuram Bhau Patwardhan. The Vithu Mahar of
Mangalwedha have saved the life of Damaji with his
wealth. A number of such proofs of the bravery of
Mahar & other communities are recorded by Mr.
Shinde in his book.
The Mahars had a special representation in
the village Goth i.e. the village Panchayat or the then
Gram Sabha. The Goths were working as the
judiciary, to solve the conflicts of the villagers. Mr. V.
R. Shinde presents us an example of Maral
Deshmukh case at Kanad Khore. The Kanad Khore
represents the catchment area along the banks of river
kanad. Here, for the proceedings of the Maral
Deshmukh case, Bapnak Mahar & Bhiknak Mahar
were the representatives of the village Panchayat,
along with Jijabai, the great Mother of Chatrapati
Shivaji Maharaj. Other representatives on the
India
Panchayat were from the castes like Brahmin,

Maratha, Teli, Nhavi, Gurav, Parit etc, as told by Mr.
Shinde. Mr. V. R. Shinde thus supports the view that
the so treated untouchables are the people worthy of
trust & honour.
He also have said in the same book, that the
Satya Shodhaki or the Truth Finding literature is
more trustworthy, as compared to the Barhminic
literature, which is a less trust worthy literature. He
concludes, if we compare, at least in historical
approach, the literature in Pali Language is better &
more trustworthy than the Hindu literature (Brahminic
literature), as far as the Truth, straight-forwardness,
neutrality and greatness is concerned!24 We may
remind here that Pali was the Language of masses in
ancient India, which was purposely used by Gautam
Buddha, for preaching his ideology.
***
Views of Marc Galanter
Marc Galanter is a well-known western
Author & professor. He looks at the caste based
division of Indian society as one of the most distinctive
& pervasive feature. He points out specific
characteristics of Indian Caste system as follows50 | Dr. R. N. Howal Facing Atrocities In Independent
India
1. Caste is an endogamous group bearing a

common name. It claims common origin.
2. The membership of caste is hereditary. It is
linked to one or more common traditional
occupations. It imposes certain obligations &
restrictions over its members.
3. Each Caste has more or less determinate
position in hierarchical scale of ranks.
4. Membership of a caste by birth is un-alterable.
It may lost by expulsion.
5. Caste members marry within their castes.
6. One does not dine with another person, who is
an outsider, with respect to the caste.
7. The Caste members follow a common round of
life. They have a characteristic diet, domestic
routine, style of dress & round of religious
observance.
8. The castes may have distinct forms of religious
expression - a preference for certain gods,
shrines, modes of worship, fasts & feasts.
9. Some cultural characteristics may be common
in all or most of the castes. Whereas, other
cultural characteristics may be distinctive to one
or more castes.
India
10. Most of the people in most of the castes, now a

day, do not follow their traditional occupation.
11. The number of the castes having their own
councils or Panchayats is now reducing. Most
of the castes were having their own
formal/informal panchayats traditionally. They
were used to adjudicate disputes among caste
mambers.They were also enabled to take
actions against the offenders of the taboos
enforced on eating, drinking, smoking or sexual
intercourse with members of other castes.
12. The castes are not self sufficient, but are
interdependent. Caste unites while it divides.
13. Castes live not in isolation, but in the midst of a
set of other groups, with which they have
certain economic, political, social & religious
relationships.
14. The number of caste groups in a given locality
may vary from a few to more than thirty. From
five to twenty, is the typical number.
15. There are no all-India Caste & there is no
nationwide hierarchy of castes. There are only
regional or local castes.
16. In a local area, the relative standing of the
various castes is more or less fixed. It is
India
subjected to slow change. Each caste commonly

claiming to have a higher rank.
17. As noted by Marriot & Inden, there is a mild
but ubiquitous inclination of castes to improve
their ranks.
Few observations of Marc Galanter are very
important, as far as our understanding of the caste
system is concerned. Castes are nothing but the local
groups; there is no national level hierarchy of castes;
Caste unites while it divides; are few such important
things to remember. Most of the observations of
Galanter are acceptable. Still, there are few opinions,
which we can not accept, as they are away from reality.
Caste is an endogamous group, is one such opinion.
Another opinion that the castes are linked to the
traditional occupations can be partially acceptable &
partially rejected, as it is not applicable for all castes.
Dr. Ambedkar preaches this view.
***
Views of Dr. Ambedkar
In his famous writing of Castes in India,
Dr. Ambedkar says- I venture to say that there is no
country that can rival the Indian Peninsula with
respect to the unity of its culture. It has not only a
India
geographic unity, but it has over & above all a deeper

& a much more fundamental unity- the indubitable
cultural unity that covers the land from end to end. But
it is because of this homogeneity that Caste becomes a
problem so difficult to be explained. If the Hindu
Society were a mere federation of mutually exclusive
units, the matter would be simple enough. But Caste is
a parcelling of an already homogeneous unit, and the
explanation of the genesis of Caste is the explanation
of this process of parcelling.
The western writers, as Dr. Ambedkar
points out, have treated five measure things
responsible for the creation and spread of the Caste
system in India. These five things are- (1) occupation;
(2) survivals of tribal organization etc.; (3) the rise of
new belief; (4) cross-breeding and (5) migration.
Challenging the occupational theory of caste, which
is advocated by Mr. Nesfield, Dr. Ambedkar puts a
question in front of us. The question is- why is it that
an occupational group turned into an occupational
caste? Nobody has an answer. We can understand that
an occupational group can be formed by the people, for
their own benefits. But what is the benefit in forming
an occupational caste? A closed group?
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According to Dr. Ambedkar, the occupation

was not the only reason or exclusive reason behind
the formation or existence of the caste. According to
him, like many other societies in the world, the Hindu
society too, at some time, was formed by four main
classes. They were1. The priests class (Brahmins),
2. The military class (Kshatriyas)
3. The merchants class (Vaishyas) &
4. The artisan & menial class (Shudras).
He says, at some time in the history of the
Hindus, the priestly class socially detached itself from
the rest of the people & through a closed-door
policy became a caste by itself. The other classes
being subject to the law of social division of labor
underwent differentiation, some into large andothers
into very minute groups.12
Dr. Ambedkar further says that, a grouping
in any society is quiet natural thing; but what is
unnatural about this caste system in India, is these
groups formed in the name of castes. Because of the
formation of castes, these groups have lost their opendoor character of the class & have become selfenclosed units called castes. He, therefore says that
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the whole process of caste-formation in India is a

process of imitation of the higher group or class by the
lower group or class.13 This process of imitation,
which is responsible for caste formation can be similar
to the process of westernization occurred in India and
in other third world countries during last few centuries.
The Western people like Europeans &
Americans when came to the regions like Asia or
Africa, they earned prestige especially after their win
in the wars with the local groups. Many of the Asian &
African individuals and groups started imitating them.
Western lifestyle became the fashion of the day. The
similar process seems to be occurred in India, when
the foreign powers like Aryas, Moghals etc. entered
the Indian peninsula or Asia or Africa. The imitation
cannot be same altogether. Some individuals & groups
might have imitated more and some might have less! It
depends on many factors like their relations with the
foreigners; the impression created by the foreigners;
the prestige the foreigners might have earned; the
repulsion created in the minds of the natives & so on.
We can say that not all the things were imitated by the
natives. Some of the things might have been accepted
by the foreigners from the natives. All such things
must have interfered in the process of Caste
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formation in India, if castes are really formed by

imitation.
The views of Dr. Ambedkar regarding the
origin & nature of caste system can be summarizes as
follows1. Color of the skin was not the decisive factor in
formation of Castes.
2. There are some occupational & religious castes;
but these are not the reasons behind the
formation of castes. We have yet to find out
why few occupational groups became the
castes. This question is never raised yet.
3. There is a deep cultural unity among the Indian
population irrespective of the existence of
castes.
4. A caste is just a parcel of a larger cultural unit.
5. There was only one caste to start with. It was
Brahmin.
6. Classes have become castes through imitation &
excommunication.
Dr. Ambedkars these observations are very
sharp & remarkable. We find people with fair skin in
all castes. We find people with dark skin in all castes.
We find tall people in all castes & also we find less tall
people in all castes. Therefore, we can say that a caste
India
does not have any racial dimension. Regarding

occupational theory of caste, I would like to present a
big question. In India, agriculture is the vast sector &
farming is the chief occupation. Almost sixty five
percent of the population is dependent on the farming,
as their main occupation. Still, farmer is not a caste in
India. There are castes like carpainter, barber etc.,
which are based on occupation. But there is no caste in
Indian, which is based on the occupation of farming,
which is the largest & biggest occupation in India, for
thousands of year. Occupation theory of caste,
therefore is a not a perfect theory, to describe the
origin & spread of caste.
Dr. Ambedkar, after rejecting the theory of
occupation warns us that, while dealing with the Caste
problem, the sentiment must be outlawed from the
domain of science & things should be judged from an
objective standpoint. He says that the question is still
not answered fully whether the caste is appeared in our
society due to the conscious command of a Supreme
Authority or it is an unconscious growth in the life of
a human society under peculiar circumstances.
However, he was of the opinion that, creating a whole
society that is standing on somebodys own principles
is too difficult a thing to accomplish. If we rely on our
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common sense, we can say that the Caste problem is

mainly the problem created by the unconscious
growth in the life of a human society. Still, we can not
reject the possibility that some authority or authorities
have supported, propagated, accepted & used it, for
their own benefits.
***
What we can see?

From the overall picture which is present
before us, we can make out that most of the Indian
sacred books which we use as a reference to find out
truth about the ancient Indian social system are written
& preserved by the Brahmin scholars. These scholars
were not honest towards other classes. Most of their
views regarding other classes, are came from their selfcentric inner-self, which was dying for the
establishment of own domination over the other
groups, to in order to extract all sorts of luxuries of the
life, for themselves only. They were well aware of the
fact that all those luxuries will come into their reach,
only after achieving full domination over other groups.
In almost all of such sacred books, we can see
following things1. The Brahmin scholars have written well of
themselves.
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2. They have written badly for others & very badly

for the remaining people, whom they hated.
3. The writing is not intellectually believable.
4. Most of such literature is present mostly in
Sanskrit, the language of the Brahmin class,
which was made inaccessible, for others.
The most objectionable thing about the
Brahminic Social System is that, it has interrupted
the natural flow of the Indian society, in order to form
a closed-door, class based & compartmental social
structure. No other religious system in the world have
interrupted the social order in such a way. There is no
other religious system in the world, that have taken
this much efforts for giving all sort of concessions,
luxuries and benefits to a selected group of people and
for rejecting the same for other groups. The group for
which all sorts of luxuries & presitige were tried to be
reserved, was formed on the basis of birth only.
We can see a number of much uncultured
things, practiced in the name of culture & rilgion in
ancient India. These uncultured thoughts & practices
were pushed forward through the so called religious
scripts of Brahminic or Hindu social order, so as to
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make them more effective. These uncultured things in

Brahminic social order can be enlisted as follows1. Few people were allowed to take education &
others were not.
2. Few people were allowed to do the rituals &
others were prohibited.
3. Few people were allowed to enter the temples &
others were prohibited.
4. Few people were allowed to do the business &
others were not.
5. Few people were allowed to be the rulers &
others were not.
6. Few people were allowed to wear the sacred
thread and others were not.
7. Few people were allowed to read the religious
books& others were not.
The Present scenario

Today, we can see that even after about
seventy years of Indian Independence, equality in all
spheres of life is not established. Castes are not yet
dissolved in a larger unit. Social & economic
differences between so treated upper & lower castes
are not vanished. There are powerful castes, there is
the hatred & there is the oppression which is remained
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intact all over India. Indian religious system is not yet

changed. Oppressive psychology is preserved with full
effort by the oppressive groups, in the form of
religious culture, till today. Discriminating books are
not yet banned in free India. They are neither ousted
nor condemned by the religious communities. They are
still successful in preserving their orthodox nature &
their command over the masses of India. The laws are
still struggling to take over the inhuman practices,
oppressions & atrocities in India.
A number of large organizations and plenty
of intellectuals are seen advocating the spirituality of
the so called sacred books & traditions. The
oppressive people are trying to raise their traditional
texts up & above the Indian Constitution. They support
the caste discrimination sometimes openly & most of
the times under cover! The discriminating books and
thoughts propagated by them are still preached as the
holy books & holy thoughts, by few groups & their
organizations. Though the discriminating texts, rules &
traditions are debarred in the Indian territory by the
Indian constitution, they are not yet debarred by the
oppressive & traditional minds from their daily
business. They, therefore, continue to advocate the
discriminating & oppressive thoughts. This has
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become a serious hurdle in the humanity & equality

based re-organization of the Indian society.
It has now become an open secret, that the
orthodox groups are trying their hard to change the
character of the Indian Constitution. A number of
people from such groups are supporting the orthodox
thoughts through the media. A number of programs in
electronic media, various articles in print media & a
number of scenes in Indian cinema too, are aimed at
the creation of intellectual chaoism. The problem of
social hatred & caste atrocities is made much more
complicated by few groups and persons. A number of
the discriminating books are preached as the holy &
most important books, even today, by many
individuals & groups. These books and thoughts have
created wrong impression on Indian minds & Indian
society at large. Though such thoughts do not have any
resemblance to the real world, they somehow appeal
the innocent hearts & unconscious minds of the
ignorant masses. This creates a very complicated
situation.
***
What to rely upon?

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We cannot rely upon the Brahminic

literature for our research of the Indian caste system.
This I say, because I am aware of the fact that most of
the Pali literature in India was burnt or destroyed by
the opponents. As only Brahminic literature is
available mostly, it gives a one sided picture of the
caste system & caste conflict. By assuming an opposite
situation, we can understand this more clearly.
Assume, for example, that some young intellectuals
from the SC/ST/OBC or remaining Bahujan
communities, out of anger against the Brahminic
literature, wrote some books containing the matter
totally opposite to the matter written in the Brahminic
books & preached them as the religious books. What
will happen in such situation?
If same thing is repeated by hundreds &
thousands of SC, ST, OBC and NT intellectuals out of
the motive to take a revange, then what will happen?
Also assume, if all other material inconsistent against
this theory is destroyed either naturally or through
human efforts like burning or by any other means; if
only the material of SC/ST/OBC/NT intellectuals is
preserved somehow, then what will happen? What the
researchers in future period will do in that situation?
Will they just analyze this material and put forward
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their opinions? Would they be able to come to the

correct conclusion in this situation? Not at all! We,
therefore, before coming to any conclusion, regarding
the Indian social system, should never rely on the
presented or fabricated proofs. We should rely on our
common sence too!
This discussion is completely applicable to
the traditional Brahminic literature available today. We
cannot rely upon it for truth finding. We can not rely
on it for drawing a true picture of Indian social system.
We, therefore, have to rely, at least upto some extent,
upon our own common sence! It is very unfortunate a
fact that most of the researchers till today were
dependent upon the one sided traditional literature, for
their research. As the base was not correct and foolproof, their conclusions might have gone wrong. I give
an example. Most of the Brahminic authors say that
there were four Varnas and Brahmins were at the top.
Many researchers feel that this is a true statement for
whole of the India. But what is the proof of its reality?
What is the proof of its fool-proofness? There is no
such proof!
It is true that the Brahminic scholars have
written this thing in their books, for their own benefit.
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This does not mean that it was a truth! This is just one
point. Another point is that, mere writing in the book
cannot change the actual situation. Why will others
accept this type of social order? Does it contain
anything good for others? No! There is high possibility
that, a large portion of Indian society have rejected the
thesis of Varna, in practice. The unavailability of other
literature should not force us to believe only the
preserved material. Our common sence should come
here to interrupt. We should draw the correct picture of
the traditional Indian society, with the help of our own
common sence, in addition to the available
information, coming from all directions.
It is not difficult to prove that a number of
traditional authors were not honest enough, in their
writing. Their literature is written mainly to protect
their own interests. All the cunning-ness and ill
heartedness towards opponents is present in them.
These authors were not too intelligent and studied.
They possessed just a limited knowledge of the world
and society around them. They were hostile towards
other human groups. They wanted to establish and
secure their own superiority with the help of the so
called sacred books. Hence, we cannot rely on the one
sided tradiotional literature for finding the truth. We
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will have to take help of anything else. We should get a

help of more trustworthy known history of mankind, in
various parts of the world. We should get some clues
from the study of human behavior in different
situations. We should take help of our imagination
power and our common sense.
The Ground reality

In the Indian context, it is more advisable to
get the help from the books and references given by
the progressive, honest & most trustworthy reformers,
authors & leaders like Dr. B. R. Ambedkar, Jyotiba
Phule, Shahu Maharaj, Periyar Ramaswami & such
others. Truly speaking, there is nothing like the upper
or lower castes in the world. All live on the same plane
ground. It is just an intellectual trick of few wicked
people, used by many others, to enslave the masses. In
ancient Indian society, a number of groups were
existed. Unity, diversity, attraction, repulsion, love,
hatred, conflicts, wars etc. all was there! All these
things are equally present in todays Indian society.
These things are present in every society of the world.
Everywhere a group is having some affinity towards
his group-mates. Everywhere individual is found to be
emotionally attached with his group mates in this or
that manner. This is quiet a natural thing.
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In each group, there is a natural presence of

internal bonding as well as internal conflicts. Love,
bonding, conflicts etc. are present in every family. The
ratio of the love, bonding & conflicts may differ from
time to time. There is nothing like layered inequality
in nature. It is just the outcome of selfish intellectual
moves of the selfish scholars. Millions of individuals
in Indian today dont even know the names of
hundreds & thousands of the castes in India. In such
situation, how can there be a natural feeling of
highness or lowness? It is a clear-cut artificial feeling
sowed in the minds of people, by some selfish people.
It is a well known fact that before the
English advent, most of the Indians were not even
aware of the number of castes present all over India.
They were not aware of the total number of castes in
India. They were not aware of the names of hundreds
or thousands of such local groups. When the masses
were not aware of the names or existence of the
number of groups or castes, how can there be any
notion of equality or inequality present in their minds?
And even if it was there, for sure, it was limited chiefly
to the local areas only. It was the Brahmanic texts,
which seeded into them the feeling of graded
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inequality & hatred. Nobody can say that all were

ready to accept that graded inequality & isolation
propagated by these texts.
We should understand that the individuals
& writers can be honest or dishonest. Anybody can be
a fraud. To what extent one is honest & one is
dishonest, cannot be found out each time, in the natural
course of time. This is the ground reality. We can see
that even Brahmin scholars were not aware of the
number of Castes and Tribes in India. Many groups
were away from their reach, sight or control. The
groups, which were referred to as the Avarna,
Shudra or Ati- Shudra, were not unique in their
characters, rituals, thoughts & eating habits. They had
close-connection in all matters, with those groups, who
were leaving besides them, in the same geographical
areas. Almost all castes in same areas had same eating,
drinking & wearing habits. The only exception was
present, where few groups were forced to follow some
another way.
All the depressed & suppressed people were
enlisted by the British for the first time as a group &
termed as Scheduled Castes, in year 1936. The count
of scheduled castes was figured to be 450 at that time.
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In 1950, two separate lists were declared by the Indian

government, which enlisted round about 1100
Scheduled Castes & 670 Scheduled Tribes. All these
people, which were not under the reach, sight or
control of the Indian scholars, were summarily termed
as the Avarnas before this survey. In fact, the count
of people or groups treated as the Avarna or Atishudra by the Brahminic scholars was never
determined or counted by the Brahminic scholars
themselves. All those who were away from the reach
or control of the Brahminic system, were termed as
Shudra & Ati-shudra or Avarna by them. They were
not a single group. They were not having single
language or culture. It is quiet possible that some of
them were culturally much more progressive than the
Brahmins. Nobody can portray a correct picture.
Scheduled castes, might be living originally
in the villages/cities and they might have been ousted
from those villages after conflicts or wars. Some of
them might have tried to mix up with the people living
inside, but might have remained unsuccessful. Similar
or somewhat different things might have happened for
hundreds or thousands of times in different periods &
at different places in the history. It is not possible that
all the society, all the villages & all the groups will
India
have the same or similar history of conflicts and cooperations. The micro analysis can prove that every
single person has his own history of life. It is quite
different from that of the others & that too just in the
life span of some sixty to a hundred years. We can then
easily make out, how different & diverse histories
could be there, of the millions of persons, their
families, groups & villages, if considered for the span
of thousands of years!
The
example
of
avoided
excommunication of the family of Siddharta
Gautama, presented earlier in this book, should be
taken as an eye opener by the castiest forces in India. I
havent yet come across any description about the
treatment given to the widows & children of the
worriers or soldiers, who have lost their lives in
various wars in ancient India. I am personally of the
opinion that many of the widows & children of these
worriors & soldiers would have been forced to leave
their houses & properties by the winners of the local
conflicts & wars. It is also quite possible that the
nearby relatives, neighbours & others might have
excommunicated them from their properties & looted
them & forced them to leave their houses & villages.
Such people, in my opinion, have added to the number
India
of excommunicated population in long history. Dr.

Ambedkar have pointed out that the number of the
excommunicated castes in India have increased over
time.
***

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Chapter III
The History of Atrocities
History of Atrocities
Ramayana & Mahabharata Period
Example of Shambuka
Example of Karna
Example of Eklavya
Modern (Pre-independence) Period
Experiences of Dr. Ambedkar
Experiences of other people
Atrocities & Swaraj
Efforts to Reform
The History Continued
------------------------------------------------------------History of Atrocities
India has a long, though not a great history
of oppressions & atrocities which are committed
against the individuals in the weaker sections of the
society. For weaker individuals coming from weaker
sections, god was the only saviour, who never
appeared on the earth to save them. It is only in the
British rule & thereafter, few individuals like Dr.
Ambedkar, Phule, Shahu, Periyar, Gandhi etc.
emerged, who stopped the oppression to a great extent
& moulded the history of oppressions & atrocities.
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They became the saviours of the innocent people. Lets

have a look at the incidences of oppression, insult &
atrocities, which were experienced by great leaders
like Dr. Ambedkar & few common people.
Ramayana & Mahabharata Period

Example of Shambuka can serve as an
example of first caste atrocity in India, if whatever is
written in books like Ramayana is true. As per the
story of Ramayana, it is said that Shambuka was an
intelligent Shudra. He was a very learned person & he
had started giving knowledge to his students.
Brahmins in the Ramas State felt insecure & made a
complaint to Rama that Shambuka is learning &
teaching, even though a Shudra is not allowed to learn
& teach, as per the religious norms.
As per the story, Rama finds out Shambuka
somewhere near the southern boundary of his State &
without any question, cuts his head out from his body.
It is written in the story that the gods looking at that
scene, praised Rama & showerd flowers on him. If
this is a true story, we can say that the incidence of
killing of Shambuka, at the hands of Rama, was the
first example of a caste atrocity in India.
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Second example we can take from the most

famous Mahabharata. In Mahabharata, Karna was not
allowed to take part in the competition of using various
weapons. It was said that the competition was only for
the Kshatriya princes & Karna could not participate in
those, as he was then known to be a son of a common
person driving the Ratha. Karna was later made a king
of some small state by Duryodhana. But his insult &
effort to prohibit him from the competition can be
taken as a second famous example of Caste atrocity in
ancient India.
We can take one more example of caste
atrocity from Mahabharata. It is an example of
Eklavya. As he was an aboriginal or Adivasi
(Scheduled Tribe person in todays language) he was
not allowed to learn Dhanurvidya (the art & science of
shooting by arrow). Dronacharya, the teacher of both
Kauravas & Pandavas refused to teach him. Later,
when Eklavya learnt the art at his own, keeping a
statue of Dronacharya in front of him, the teacher
Dronacharya cut his finger of right hand & took it
from him, as a Guru Dakshina. This example of
Mahabharata can be looked upon, as an example of
third world-famous incidence of caste atrocity in India.
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Modern (pre-independence) period

Modern pre-independence period of India
too, have witnessed ery large number of atrocities,
committed against the Scheduled Castes & other unorganiozed castes, especially the then untouchables in
India. Not only common men, but the legends,
intellectuals & great leaders like Dr. Ambedkar too,
have faced a number of atrocities throughout their
lives. People create doubts about the stand of people
like Dr. Ambedkar in the independence struggle. We
can open their eyes with the examples of atrocities
faced by people like Dr. Ambedkar & many others
from their own countrymen.
Experiences of Dr. Ambedkar
Look at the following para of Dr.
Ambedkars writings named Waiting for a Visa. The
para describes an incidence faced by Dr. Ambedkar
himself, in year 1901. He was a child of nine years,
known as Bhiva or Bhimrao at that time. He was
staying at Satara & went by a train to Masur, the
nearest railway station from Koregaon in satara
district. He had gone there with his three brothers. His
father was working as a cashier on a government
project of excavation of a tank in famine area there. He
was retired from the British Army then. As the
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message sent by the children was not reached to his

father due to negligence of the servant, his father had
not come to the railway station to pick them up.
Bhimrao & his brothers waited for their father till the
evening. After some time, the station-master came &
asked the children about their problem.
The Station master could not make out that
the well dressed, neat & clean children were of an
untouchable family. The children told him the fact. Dr.
Ambedkar wirtes, indeed the station-master was
quite sure that we were Brahmin children & was
extremely touched at the plight in which he found us.
As is usual among the Hindus, the station-master
asked us who we were. Without a moments thought, I
blurted out that we were Mahars. The station-master
was stunned. His face underwent a sudden change. We
could see that he was overpowered by a strange
feeling of repulsion. As soon as he heard my reply he
went away to his room & we stood where we were!
Fifteen to twenty minutes elapsed; the sun was almost
setting. The father had not turned up nor had he sent
his servant, and now the station-master had also left
us. We were quite bewildered & the joy & happiness
which we felt at the beginning of the journey gave way
to the feeling of extreme sadness.26
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The paragraph may be seen by some people

just as a personal experience; but it was not! All of the
untouchable people at that time were facing similar
atmosphere of hatred & repulsion throughout India. In
the above mentioned situation, after about half an hour
the same station-master returned back & after some
discussion, asked some cart-men to take them to
Koregaon. But before the problem getting solved, the
picture was totally changed. Dr.Ambedkar & his
brothers were now recognized as the untouchables. In
the light of that great findings, no cart-men was now
ready to get his cart polluted by the touch of those
innocent children. After some time, on the agreement
of paying double fare & driving the cart
themselves, one cart-man agreed to come with them.
Now, the only condition of the cart-men was that he
would not sit in the cart. He would walk by it, without
touching it.
An interesting & strange behavior of that
cart-man is noted by Dr. Ambedkar at that time. When
they went far away from the village & there was a dark
all around in the evening, the cart-man suddenly
jumped & sat down into the cart. This strange behavior
of the cart-man shows us that he was practicing the
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untouchability due to the fear of the society & it was

not his own choice. The sad thing is that, not just
elders but millions & trillions of innocent children too
have faced such inhuman treatment of a series of
insults, irritations & hatreds for almost two thousand
years from their own countrymen or brothern. It is also
written by Dr. Ambedkar about this experience that
even though there was good drinking water available
everywhere, they could not drink it, throughout the
travel, just because they were born in an untouchable
family. On the next day at about two oclock in the
after-noon, when they reached Goregaon, the children
were almost half-dead. Dr. Ambedkar writes, This
incident has a very important place in my life. I was a
boy of nine when it happened. But it has left an
indelible impression on my mind.
***
Dr. Ambedkar also had written of the daily

experiences that were faced by him in the school &
elsewhere in the childhood. He writes that as an
untouchable, he was subjected to certain indignities &
discrimination. In the school he could not sit in the
midst of his class students according to his rank. He
has to sit in a corner alone. He had to carry a separate
piece of gunny cloth for him to sit down on the floor in
the class room. The servant employed to clean the
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school was cleaning the classroom without touching

his gunny cloth. He had to carry that cloth every day
with him, to & from the school. The children of the
touchable classes, when thirsty, were free to drink
water from the water tap & quench their thirst just with
a permission of the teacher. Child Bhimrao, on the
other hand hadnt have that facility. He was not
allowed to touch the tap. He could drink water only
after taking permission of his teacher. Even after that,
he had to depend on the peon, who could open the tap
for him. If the peon was not available, Bhimrao had to
go live without water for the whole day! Dr. Ambedkar
sums up the situation as no peon, no water!
At home, his family could afford the service
of a washer-man, but still they had to wash their own
clothes. It was like this only, just because no washerman was ready to wash the clothes of the so treated
untouchables. Bhimraos elder sister had to cut his
hairs, as no barber was ready to shave the
untouchables. In the second part of this writings, Dr.
Ambedkar writes about his another experience in
1916, when he was about 25. He was then returned
from America after completion of his higher education.
He was bound to serve the Baroda State, as per the
agreement with the Maharaja of Baroda, as he had
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sponcered his higher education in America.

Unfortunately, after his arrival at Baroda, he had to
face difficulty in finding a place for residence. It was
not possible for him to stay in Hindu hotels on account
of the untouchability practiced by the Hindus. The
only option remained with him was to hide his identity,
which he did not want to go for.
There were few Hindu friends of him in
Baroda, who were studying with him in America. But
he could not go to them, as he was aware that they will
feel embarrassed to let an untouchable to stay in their
household. After some inquiry on the station, he came
to know that there was a Parsi inn & they took paying
guests. Dr. Ambedkar writes, Hearing that it was an
inn maintained by the Parsis, my heart was gladdened.
The Parsis are followers of the Zoroastrian religion.
There was no fear of my being treated by them as an
untouchable because their religion does not recognize
untouchability. With a heart glad with hope & a mind
free from fear, I put my luggage in a hackney carriage
and asked the driver to drive me to Parsi inn in the
camp.
This is a very horrible incidence
experienced by Dr. Ambedkar, in which we can see a
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learned person trying to find some shelter in the

followers of some other religion, because he couldnt
find it in the followers of his own religion! This is one
of the greatest complications of the Hindu social order
or Hindu religion. It is one of the greatest compication
found in the practice of the untouchability & atrocities
coming out of it. Similar or worst experiences of the
dirty practice of untouchability & atrocitiy were faced
by ancestors of present Scheduled Castes & Scheduled
Tribes, for thousands of years inINdian peninsula.
During the above incidence, Dr. Ambedkar
had to stay as a Parsi man in Parsi inn. But just after
ten days, he had to leave the place, as people around
him recognized that he was not a Parsi. He was
threatened by a group of almost a dozen Parsis, who
were carrying big sticks in their hands. Dr. Ambedkar
then left the Parsi inn & went to a Hindu friend. The
Hindu friend replied him, If I allowed you to stay
here, my servants will leave the house! One other
friend of Dr. Ambedkar, who was a Brahmin converted
to Christianity, also rejected to allow him to stay with
him. During this period, his application for the
government residence was just moving from one table
to another in the office of the Maharaja. In this
situation, he had to leave Baroda on the 11th day of his
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stay in Baroda. He returned to Mumbai at last, because

of unavailability of a proper shelter.
Dr. Ambedkar writes very sadly of this
incident. He writes about the scene created by the
Parsis in Baroda as follows- The scene of a dozen
Parsis armed with sticks lined before me in a
menacing mood and myself standing before them with
a terrified look imploring for mercy is a scene which
so long a period as 18 years has not succeeded in
fading away. I can even now vividly recall it and never
recall it without tears in my eyes. It was then for the
first time that I learn that a person who is an
untouchable to a Hindu, is also an untouchable to a
Parsi.
***
In the third part of the above writing, Dr.

Ambedkar describes one more incidence he had
experienced in Chalisgaon tehsil of the Khandesh area
in present Maharashtra. It was a period of 1929. Dr.
Ambedkar was then working on a government
Committee to investigate the grievances of the
untouchables, in the Bombay Province. The
Committee members visited various areas in the
province to investigate into the allegations of social
injustices, oppression & tyranny. Dr. Ambedkar & one
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another member were to visit two districts in

Khandesh. Dr. Ambedkar was to visit a village on the
Dhulia line in order to investigate a case of social
boycott declared by the caste Hindus against the
untouchables of that village. While returning from the
village, he came down at Chalisgaon railway station,
because of the request of few untouchable activists. Dr.
Ambedkar decided to stay with them for that night.
After waiting for few hours there, one tanga was made
available to him, on one condition. The incidence was
similar to the incidence of Koregaon Station, which
Dr. Ambedkar had experienced in his childhood. Only
difference was that, this time he himself was not aware
of the fact.
Dr. Ambedkars men accepted the condition
of tangewala & took him to the Maharwada through
that tanga. On the way to Maharwada, his tanga was
narrowly escaped from a collision with a motor car.
After a few minutes, while crossing a culvert on the
river, the wheel of the tanga struck against the side
stone on the culvert. This time he was physically lifted
up and thrown down on the stone pavement of the
culvert. The horse & the tanga fell down into the river.
Dr. Ambedkar received several injuries. One of his
legs was fractured. After questioning how can such an
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inexperienced tangewala be there, he came to know the

real story. The fact was that, as no Hindu tangewala
was ready to drive an untouchable in his tanga; one
of the untouchable brothers had made up his mind to
drive the tanga for his leader. Dr. Ambedkar himself
was not aware of all this, as the discussions were done
without his knowledge.
Dr. Ambedkar writes about this incidence
as follows- It is then I learnt that a Hindu
tangawalla, no better than a menial, has a dignity by
which he can look upon himself as a person who is
superior to all untouchables even though he may be a
Barristar-at-law.31 One should not refuse the fact at
least after learning all these things, that this feeling of
superiority by birth is the root cause of atrocities,
which are committed against the SC/ ST people all
over India. This psychology is one of the most
important cause of the atrocity & should have to be
uprooted from the very root, at any cost, if we want to
put an end to the atrocities.
***
In the fourth part of the above writing, Dr.
Ambedkar tells us about one of his experience at
Daulatabad fort, near Aurangabad. In 1934, Dr.
Ambedkar was gone to see the caves at Verul with a
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number of his friends & relatives. On the way, they

went to see the fort. Some of his colleagues washed
their mouth and feet in the tank there. Meanwhile their
local friends & associates came there. Seeing them, the
Mohammedans on the fort came to know that the
visitors are from an untouchable caste. Once knowing
this, they started abusing Dr. Ambedkar & his
colleagues. They said- These Dheds have become
very arrogant they have forgotten their religion (to
remain low & degraded).they must be taught a
lesson... They assumed a most menacing mood after
this. Dr. Ambedkar then tried to avoid the attack from
those Mohammedans. He asked them, whether they
would have behaved like this, if Dr. Ambedkar & his
colleagues would have accepted the Mohammedan
religion?
The question of Dr. Ambedkar calmed the
Mohammedans down & they realized their mistake.
But Dr. Ambedkar was hurt with the experience, just
like he was hurt with the other experiences. Dr.
Ambedkar here realized that a person who is an
untouchable to a Hindu, is an untouchable to a
Mohammedan too!.32 During the incidence at Parsi
inn in Baroda, he had realized that a person, who is an
untouchable to a Hindu, is an untouchable to a
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Mohammedan too! This made it clear that the

untouchability & degradation in India & the atrocities
coming out of these things were not confined to a
particular religious group. They have touched &
polluted the minds of all religious groups in India.
***
Experiences of Others
There was one incidence occurred between
5 & 7 December, 1929 in the Kathiawar area of
Gujarat. It was appeared in the Young India of
Mahatma Gandhi on 12th December, 1929. This is the
experience of a school teacher from an untouchable
family of Gujarat & this should serve as an eye opener
for all. There was a child born in the house of that
school teacher on December 5th, 1929. Two days later,
he found his wife to be considerably weak & ill. He
then went to a Doctor, but the Doctor refused to go to
the house of the untouchable to check the patient.
The teacher then seeks a help from the Nagarseth and
Garasia darbar. The doctor then agrees to check the
woman, but refuses to enter the Harijan colony. The
teacher brings the woman and her child outside the
colony, where the doctor checks them; without
touching them. He refuses to touch the patient & the
child. The checkup was carried out through a
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Musalman person. He gave the thermometer to the

Musalman person, the Musalmaan gives it to the
Harijan teacher & the teacher himself uses it for
measuring the temperature of his ill wife.
The result of this ill-treatment of the doctor
was that, both the wife of the teacher & her new born
child were died on the next day of treatment. This
shows us the black side of the disgusting face of the
Indian culture in particular & Indian society in general,
in the pre-independence period. Dr. Ambedkar too
have attracted our attention towards this incidence &
remarked with a torn heart, The Hindu would prefer
to be inhuman rather than to touch an Untouchable.
***
In the Sixth part of his writing, Dr.
Ambedkar writes about an incident occurred with an
educated untouchable youth Kalidas Shivram
Parmar. I am giving these examples from the writing
of Dr. Ambedkar himself, just because it is one of the
most trustworthy literatures we can find in the world
today. The youth named Kalidas Parmar had narrated
his own experience in a public meeting of the Manual
Scavengers, which was held in Mumbai. The meeting
was held on March 6, 1938 at Kasarwadi near Dadar
area of Mumbai under the Chairmanship of Mr. Indulal
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Yadnik. This incidence had taken place in the office of

the Mamlatdar of Borsad Taluka in Kheda District of
Gujarat, where Mr. Parmar was appointed as a Talati
(village Patwari) by the Backward Classes Officer of
Ahmedabad. The appointment was made on February
19th, 1936.
As per the report, when Mr. Parmar went
there to take the charge of the post, the clerk in the
office asked him Who are you? When Mr. Parmar
informed that he was a Harijan, the clerk shouted
loudly. What he said is available in the report. His
reaction was as follows- Go away & stand at a
distance! How dare you stand so near to me? You
are in the office now... if you were outside, I would
have given you six kicksWhat audacity to come
here for service! This was a horrible experience
for Mr. Kalidas. He some how managed to face the
situation. After some time, the clerk asked Mr. Kalidas
to drop his certificate & the order of appointment on
the floor, as he was not ready to get polluted by having
even indirect connection with him through the
appointment letter. He then picked the letter &
certificates up from the floor to complete the
formalities of joining. He avoided any direct or indirec
touch or connection with Mr. kalidas. He somehow
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completed the procedure of joining & witnessed a

great way of welcome! Hindus under Brahminic
impression preach that Atithi Devo Bhav (Guest is
equivalent to a God) is one of the high principle of
their culture.
During his stay in Gujarat, Mr. Kalidas
faced a great difficulty in getting everyday water for
drinking. There was a small rusty pot kept there for
him, in which the waterman used to pour water. No
one else used to touch that pot. He could get drinking
water only when the waterman was present there.
Many times the waterman was pretending of being
slept & Mr. Parmar had to manage without fresh
drinking water for. He could not get proper food and
place for residence there. The untouchables there were
not helping him, as they were afraid of the caste
Hindus, who were not happy with his attempt to live a
standard life like that of the established class.35 The
headman of one Jentral village nereby, was quiet
hostile to Mr. Parmar. He one day threatened Mr.
Parmar in following words- you . fellow, your
father, your brother all are sweepers, who sweep the
village offices .. and you want to sit in the office as
our equal? . Take care....better give up this job.....!
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After a few days, Kalidas was called to

Saijpur to prepare the population table of the village.
He saw the Talati & headman there and saluted them
with word Good Morning! The Talati & headman
does not replied. He had to stand there for about fifteen
minutes without any response from anybody. Mr.
Parmar narrates his situation in the words- I was
already tired of life and felt enraged at being ignored
and insulted! After some time, he sat on a chair lying
there. Just a few minutes went and then he saw a mob
gathered around him. The librarian at the place was the
leader of the mob. Mr. Parmar was sat on the chair of
the librarians unknowingly & the librarian was very
upset to see an untouchable not just touching, but
sitting on his chair.
Addressing the Ravania (village servant)
there, the librarian shouted -Who allowed this dirty
dog of a Bhangi to sit on the chair? When Mr.
Parmar was totally confused, the whole mob
surrounded him and started abusing him & threatening
him as badly, as they could. Some of them were
shouting that they will cut him into pieces! When they
were not in a situation of listening anything, Mr.
Parmar gathered some courage & took a piece of paper
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in his hand. He wrote few lines in big bold letters on it.

The lines were as followsTo,
The Mamlatdar,
Taluka Borsad.
Sir,
Be pleased to accept the humble salutations of Parmar Ka

is to humbly inform you that the hand of death is falling upon me
have been so if I had listened to the words of my parents. Be so go
parents of my death.
Reading the words above, the librarian
again shouted at him with great anger & said- You
want us to address you as our Talathi? You are a
Bhangi and you want to enter the office and sit on the
chair? Seeing no chance of any help coming from
anywhere, at the last, Mr. Parmar had to leave the job
& he returned to Bombay taking a fifteen day leave,
for never to return!
***
In the writings of Dr. B. R. Ambedkar, we
can find a vast description of a number of examples of
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the execution of atrocities & practice of untouchability.

Under the heading What Untouchables have to face
he discusses about the Antagonism of the
Administration, Problem of discrimination, &
Problem of Isolation. At the end of that writings he
has appended three appendices. In the first of them, he
has included a news headed as Matters made worst by
Untouchability. It is a news about an incidence
occurred at Jaipur, in June 1953. As per the news,
residents of Jaipur were facing a disease emerged from
some guinea worm. The worm was coming from the
drinking water. I present two lines from the news.
They say- A pond from which Harijans drink water
was so dirty that it must have been a nursery for the
guinea worm. When showed to the Collector of
Banswara he was shocked & ordered the pond be
closed immediately.
India was become independent in 1947. The
above incidence was occurred in 1953 i. e. six years
after India had achieved independence. This gives us
an example, with which we can say that Indian
independence had not brought any change in the lives
of such excluded people in India.

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In the second appendix of same writing, Dr.

Ambedkar has given one more incident occurred in
South India. It was printed in the Sunday Times of
March 9, 1952. The heading of the news was Where
Wearing a Shirt is an Offence! The shocking lines
from the news were as follows- In Navinipatti about
two miles from Melur, the village Munsif himself is
alleged to have taken objection to the Harijans
wearing decent dress on Pongal festival day and made
two Harijan youths to remove their shirts and upper
cloths. The youths were made to do Kumbidal (full
prostration on the ground) and go away in loin-cloth
only. The lines are self-explanatory & need no
comment to open the eyes of any human being. The
news has also informed that various civil disabilities of
the Harijans were still existed in the south Indian
villages in spite of the implementation of Civil
Disabilities Removal Act, which was came into effect
some five years before this incidence.
A number of other disabilities were imposed
on the dalits, by the stronger castes groups, regarding
entrance & use of tea shops, barber saloons, wells,
tanks, chavadies & so on. See one more example. A
Harijan youth from Parli near Natham, who refused to
take tea in a cocoanut shell & desired to be served in
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the glass tumbler like any other customer was kicked

& shoed on the head by a caste Hindu person. He
later was subsequently convicted & fined just Rs. 10
by the Sub-Magistrate of Melur.40 In another reported
incidence at kelavalu, the dalits had to take water from
a pond where men used to take bath & wash the cattle.
The untouchables were threatened when they tried to
take water from the protected water tank. The police
there remained indifferent towards the disabilities of
dalits. In Ettimangalam the stronger caste people
destroyed the paddy seedlings raised by some Harijans
in Government land, just because they (the
untouchable Harijans) had gone & sat in the village
chavadi during a public meeting in the village. No any
action was taken by the police in this incidence, even
after complaint registered by the dalits.
In another incidence at Tiruvadur, a
pregnant woman was attacked by a high caste youth
just because she took water from the common water
tank. The person was fined just Rs. 15 by the submagistrate. In Kidaripatti; the dalits were not allowed
to use public footpaths. They were also not allowed to
take a ride on the bicycles. In Thekkitheru, in one more
incidence, when dalits were sitting in the Manthai
Chavadi for a public meeting, pebbles were thrown at
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them till they quitted the place out of fear.44 In few

other incidences, few youths were beaten mercilessly
just for entering the tea & coffee shops. The reporter
writes in frustration, Mahatmaji had desired us to
consider the Harijans as blood brothers; but alas!
Blood is thicker than water! The reporter of the news
also writes at the end about one contradiction he
witnessed. He write (all this was happening) at that
time, (when) Manilal, the son of Mahatma Gandhi was
doing a Satyagraha in South Africa for removing the
civil disabilities of the Indians residing there & here,
the Indians were refusing the same thing to the fellow
Indians!
***
Few more examples could be recollected
from the vast writing of Dr. Ambedkar. In an incidence
at Thumbapatti village, 22 miles away from Madurai,
on 1st August 1953, some dalit youths were suspected
of theft. They were forced to lye on the ground
touching their belly to the ground. They were given
blows with sticks & forced to admit the act of theft.
The reporter writes- A Harijan youth who had tried to
escape was dragged by his legs over the rough and
stony ground. The others were beaten with sticks &
tied to the trees & again beaten so mercilessly till their
bones were almost broken. There they were made to
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stand tied to the trees for about eight hours, as the

pitiable objects of public scorn. He also have reported
that, the subordinate Police officials there usually
supported the higher caste Hindus & therefore the
powerful men get freedom to apply their Lynch law
& bring the dalits to a sense of their social servility.
Mr. Swami Anand Tirth, the regional
Officer of the All India Harijan Sevak Sangh under
the heading Lynch Law against Harijans provides
some further details. He has reported that the dalits
constantly remain under fear of the caste Hindus and it
is this fear of victimization because of which they do
not respond to the movement of the removal of their
civil disabilities. He also reports that in several places,
the villagers run the chavadi courts under the cover of
holding Panchayats. Poor dalits were summoned to the
chavadi & tried like slaves. They were subjected to
merciless beating & torture in order to strike terror in
their minds. Public whipping, imposition of heavy
fines, confiscation of properties, foisting of false cases,
economic boycott & social ostracism; prohibiting them
from participating in the social functions & religious
ceremonies; denying water to them, by preventing
access to tanks & wells; denying sale of food stuffs to
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them etc. were the common ways used for torturing the
dalits.
***
It was not that only common people were
behaving irresponsibly with the poor outcastes. Higher
officials & learned men too were involved in this
crime. The proof of this is illustrated by an extract
from the Government Proceedings. The proceedings of
the Board of Revenue of the Madras Government
(No.723 dated 5th November, 1892). The proceeding
reveals that, in order to Punish the disobedient
Pariahs in Madras, their masters were doing
following things(a) Bringing false cases in the village Court or in the
criminal Courts;
(b) Obtaining waste lands all round the paracheri from
Government, so as to impound the Pariahs cattle or
obstruct their way to temple;
(c) Fraudulently entering mirasi names in the
Government account against the paracheri;
(d) Pulling down the huts and destroying the growth in
the backyards;
(e) Denying occupancy right in immemorial subtenancies;
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(f) Forcibly cutting the Pariahs crops & on resistance,

charging them of theft & rioting;
(g) Getting them to execute documents under
misrepresentation, in order to ruin them afterwards;
(h) Cutting off the flow of water from their fields;
(i) Getting the property of sub-tenants attached for the
landlords arrears of revenue, without any legal notice.
***
The section No. 136 of the same
proceedings reveals the truth of courts there, in
following words- ...there are the Courts indeed; but
India does not breed village Hampdens. One must
have courage to go to the Courts; money to employ
legal knowledge & meet legal expenses; and means to
live during the case & the appeals. Further, most cases
depend upon the decision of the first Court; and these
Courts are presided over by officials who are
sometimes corrupt & who generally forone or other
reasons, sympathize with the wealthy & landed classes
to which they (themselves) belong.
Dr. Ambedkar was not only unhappy with
the implementation, but was unhappy with the
discriminating laws too. He has pointed out his finger
towards the The Punjab Land Alienation Act in this
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regard. He have described that law as just an another

illustration of unequal treatment of the Untouchables
by the Legislature.
Dr. Ambedkar sums up the situation of
untouchables as follows1. The problem of the untouchables is a
formidable one for the untouchables to face.
2. They are surrounded by a vast mass of Hindu
population which is hostile to them and not
ashamed of committing any inequity or atrocity
against them.
3. For a redress of these daily wrongs,
untouchables have to call the aid of the
administration, which is overpacked by the
hostile Hindus from top to bottom.
4. There is no Department which is not dominated
by hostile Hindus. They dominate the Police,
Magistracy, Revenue Services & every branch
of the administration.
5. Hindus in the administration have the same
anti-social & inimical attitude to the
Untouchables, which the Hindus outside the
administration have.
6. They discriminate against the untouchables;
deny & deprive them of the benefits &
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protections of the Law, which is aimed against

tyranny & oppression.
7. The Untouchables are placed between the
Hindu
population
&
Hindu-ridden
administration, the one committing wrong
against them & the other protecting the
wrongdoer, instead of helping the victims.
Dr. Ambedkar was therefore, worried about
the future of SCST communities in independent India.
We can get a proof of that in above points, as well as
following statement of Dr. Ambedkar in his States
and Minorities. He writes- It is difficult to expect
that in a country like India, where most persons are
communally minded, those in authority will give equal
treatment to those who do not belong to their
community. Unequal treatment has been the
inescapable fate of the Untouchables in India.
***
Atrocities & Swaraj
Dr. Ambedkar in States & Minorities has
picturized a situation of the future generations of SCST
community in independent India. He writes as followsWhat can Swaraj mean to the Untouchables? It can
only mean one thing, namely, that while today it is
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only the administration that is in the hands of the

Hindus, under Swaraj the Legislature & Executive will
also be in the hands of the Hindus, it goes without
saying that such a Swaraj would aggravate the
sufferings of the untouchables. For, in addition to a
hostile administration, there will be an indifferent
Legislature & a callous Executive. The result will be
that the administration unbridled in venom and in
harshness, uncontrolled by the Legislature & the
Executive, may pursue its policy of inequity towards
the untouchables without any curb. To put it
differently, under Swaraj the untouchables will have
no way of escape from the destiny of degradation
which Hindus and Hinduism have fixed for them.
We all are the witnesses of the scene, where
we can see that Dr. Ambedkars picture have come
true. Atrocities at the rate of 45,000 to 50,000 are
getting registered every year all over India. Fear is that
more number of atrocities are not getting registered,
due to fear, depression & non-possibility of getting
justice. Unfortunity is that, this is happening after Dr.
Ambedkars whole hearted efforts to safeguard all poor
& depressed people, including the SCST communities
through Indian Constitution. He & his colleagues in
the constituent assembly have introduced plenty of
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safeguards for all the distressed people, including

SCST. You can just imagine, what would have been
happened to these classes, if Dr. Ambedkar would not
have been chosen in the Constituent Assembly.
In his explanatory notes (Article II, Section
III, Clause 2) in States & Minorities, Dr. Ambedkar
says- The best remedy against tyranny and
oppression by a majority against the minority is
inquiry, publicity and discussion.56 In the next clause,
i. e. in clause number 3 he says- Social boycott is
always held over the heads of the Untouchables by the
Caste Hindus as a sword of Democles. Only the
Untouchables know what a terrible weapon it is in the
hands of the Hindus. He further gives extracts from
the report of a Committee appointed by the
Government of Bombay in 1928 to investigate the
grievances of the Depressed Classes. The committee
have reported as follows- Although we have
recommended various remedies to secure to the
Depressed Classes their rights to all public utilities, we
fear that there will be difficulties in the way of their
exercising them for a long time to come. The first
difficulty is the fear of open violence against them by
the orthodox classes.
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The Committee says that, the Depressed

Classes form a small minority in every village, in
opposition to which there is a great majority of the
orthodox who are bent on protecting their (own)
interests & dignity at any cost. It notes that the danger
of prosecution by the Police has put a limitation upon
the use of violence by the orthodox classes &
consequently such cases are rare. While enlisting the
second difficulty the committee says that it arises from
the economic position of the Depressed Classes. They
have no economic independence in most parts of the
Bombay Presidency (Present Maharashtra & Gujarat
State). Some people from depressed classes cultivate
the lands of the orthodox classes as their tenants at
will. Others live on their earnings as farm laborers
employed by the orthodox classes and the remaining
depends upon the food/grain given to them by the
orthodox classes, in lieu of the service rendered to
them.
The committee also reports that they had
heard of numerous instances where the orthodox
classes have used their economic power as a weapon
against the Depressed Classes. This was used to
happen whenever these classes have dared to exercise
their rights. They were evicted them from their lands,
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their employment was stopped & they were

discontinued from their jobs as village servants. This
boycott was often planned on extensive scale. It
included the prevention of the Depressed Classes from
using the commonly used paths. The sale of the
necessaries of life was stopped by the village Bania.
According to the evidence, sometimes small causes
were supposed to be sufficient for the proclamation of
social boycott against them. Frequently, such boycott
was exercised by the villagers upon the exercise of the
legal rights by the Depressed Classes. These legal
rights sometimes included the rights like using
common wells. Sometimes they were so casual, like
that of putting on some sacred thread on body, buying
a piece of land, putting on good clothes or ornaments,
or carrying a marriage procession with a bridegroom
on the horse through the public street.
One letter was written by the Chamars of
Kheri Jessore village in Rohtak District of Punjab to
the Deputy Commissioner of Rohtak District. It was
written in order to seek protection from undue
pressure & merciless treatment given by the Caste
Hindu Jats of the village, to the SC people. The same
letter was forwarded by them to Dr. Ambedkar. He has
included this letter in his States and Minorities. The
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Jats in Kheri Jessore wanted the chamars to work in

their fields on lesser wages. The chamars were not
satisfied with it. The wage, according to chamars was
too little & insufficient to meet both ends. They had
therefore refused to go on that work. Following were
the consequences of this struggle1. Jats were enraged due to the refusal of chamars
to work on fewer wages.
2. They declared a Social Boycott on Chamars.
3. They pressurized the Chamars to pay a tax for
grazing their cattle in the jungle. (No such tax
was actually supported by any law).
4. They prevented the cattle of Chamars to drink
water in the village pool.
5. They prevented the sweepers from cleaning the
streets in the residential area of chamars.
6. The heaps of dust & dirt were lying there,
triggering a spread of some disease.
7. The Chamars were forced to lead a shameful
life.
8. The Jats were always ready to beat the Chamars
& tear down their honor by behaving indecently
towards their wives, sisters & daughters.
9. Chamars were experiencing a lot of trouble of
the worst type.
India
10. The children of Chamars were beaten severely

in a merciless manner, while going to the
school.
11. No action was taken by the Deputy
Commissioner of Rohtak District, even after
submission of an application by the Chamars.
12. The Inspector of Police & Tehsildar of Rohtak
made careless investigation. No attention was
paid to redress the difficulties of the poor &
innocent people.
13. The Chamars had to urge the Deputy
Commissioner to take some immediate steps to
enable them to lead an honorable & peaceful
life, which, according to them was humanitys
birth-right.
Looking at these incidences, Dr. Ambedkar
remarks what was true in 1928, was true in 1947 too
& what was true of Bombay was true of the whole of
India!.59 With a great pain, I must comment here, in
year 2016, that the Humanitys Birth Right is not yet
restored fully in the Independent India, even after
seventy years of its so called Independence. Different
types of the atrocities are still committed all over India.
In Other words, I can say that whatever was happening
in 1947 is still happening in 2016, all over India, even
India
after seventy years. Reasons may be different & details

may be different, but the consequences are quiet
similar everywhere. The way the innocent SCST
people are left helpless, the way unlawful actions
committed against them in order to suppress their
minds & bodies, the way the government officials give
biased treatment to them etc. is heart breaking, of not
heart stopping.
***
Efforts to Reform
Though the situation is worst, it is not that
nothing is changed & no efforts are done by anybody.
There were few legends, who tried to change the
situation, as far as possible. But the unfortunate thing
about this is that, they were really few! In the preindependence period, some reform movements were
emerged in Indian Society. Brahmo Samaj, Prarthana
Samaj, Arya Samaj, Ramakrishna Mission,
Theosophical Society, Social Conference etc. are some
of the prominent examples. These movements
/associations attacked the orthodox ideologies in
Hindu social order. They condemned the inhuman
practice of untouchability too. But the unfortunate
thing was that they were not against the
India
Chaturvarnya system, which was the originating

mouth of the monster of untouchability.
A Rigid division of classes, named as Varnas
was employed strongly by the Chaturvarnya. Each
Varna was supposed to keep itself away from the other
physically. No marriages, No common dinner, lunch,
breakfast or the like were allowed between these
classes. This spirit of maintaining separate existence
was much stronger in the groups like Brahmin. There
was then the number of Kshatriyas & Vaishyas. As an
impact of all of them, the Shudras too were following
these rules helplessly. The higher the status in the
Varna system, greater was the adhesiveness to the
separate existence! This system was not shaken by the
early reformers.
Most of the early social reformers were
come from Brahmin or similar castes, as they were the
first amongs Indians, to take English education.
Though they were reformers, their reforms were
limited to their own classes mainly. They were not
prepared to fight against the religion & the caste
inequality. They strive only for limited improvements
especially in their own castes. Many of them were
expressing few progressive ideas, but were not
India
prepared to practice them. Take an example of late

shri. M. G. Ranade. He is considered to be a reformer
of the first class in Maharashtra. Though he was
propagating many progressive ideas like widowremarriage, he could not stand by his own thoughts in
his real life. When his own wife was died, he hadnt
married a widow. Instead, he chosen one very young
girl as the second wife & married her.
***
Next phase was the phase of Mahatma

Phule, Chatrapati Shahu Maharaj, Dr. B.R. Ambedkar,
Mahatma Gandhi, Ramaswami Periyar & few others
who came from various non-Brahmin social groups.
Dr. Ambedkar was born in the Mahar caste, which
was treated to be an Untouchable caste by the then
caste Hindus. Mahar caste was enlisted in the list of
Scheduled Castes in 1936. Due to the efforts of the
legends enlisted above & especially of Dr. Ambedkar,
the Scheduled Castes, the Scheduled Tribes & other
vulnerable sections of Indian society won some space
for themselves in the Indian socio-religious, economic
& political sphere. Various types of freedoms, equality,
fraternity, justice, special care & safeguards were
introduced in the Indian Constitution in 1950. But the
people with oppressive mindset were not happy with it.
They tried to slow down the social progress &
India
imancipation of the millions of innocent Indians. The

atrocities, therefore, could not be stopped by & large.
The History Continued
A number of atrocities are still committed in
Independent India, almost every day. In that way, the
history of atrocities is still continued here, even after
seventy years of the Indian independence. The
National Commission for Scheduled Castes &
Scheduled Tribes, have categorized the present caste
atrocities into three categories as below1. Cases related to- the practice of untouchability
& attempts to defy the social order
2. Cases related to land disputes & demands for
minimum wages &
3. Atrocities committed by police & forest
officials.
As per the recent figures given by the
National Crime Records Bureau, round about 45,000
cases of atrocities that are committed against the SCST
people are getting registered in the Police Stations
every year, all over India. This gives an average of
about 123 atrocity cases per day. Even though such a
high number of atrocities are taking place everyday in
every corner of India, many people today are seen
India
demanding the cancellation of the atrocity act, which is

employed for atrocity prevention.They say that the
caste discrimination & caste atrocities do not take
place in India today. They preach that false cases are
lodged by the victims.
Indian media & the concerned machinery in
India have kept the ugly truth hidden from the world
for a number of years. They have satisfied themselves
by showing that everything is alright all over. By doing
this, these people have committed a big mistake.
Though they have succeeded in hiding the burning
truth; but they hadnt succeeded in hiding the smell.
The truth is unclosed by the incidences like the suicide
of a young student Rohit Yemula in Hyderabad city,
the horrible killing & rapes at Khailanji in
Maharashtra, the Kharda & Sonai incidences & many
others.
They have today aggravated the situation.
The socio-religious discrimination is not yet finished
fully. Though it seems to be reduced in outer sphere in
the metro cities, it is just the fear of law, which has
kept the poor SCSTs safe, at least up to some extent, in
th eINdian villages. The atrocities are limited to less
than a hundred, per one lakh population, because of the
India
the outcry & pressure from few honest intellectuals,

Human
Right
Activists
&
Social-political
organizations. Even then, a lot of oppressive spirit is
still present in the minds of thousands of people in the
dominating groups of India. There is no change in the
mindset, though the laws are changed. The atrocities
therefore, are continued openly in the day light. We
need some powerful instrument to curb them.
The ground reality about the atrocities today
is that, a few people from dominant groups commit
atrocities against SCST people. Few of the types of
atrocities are mentioned in the law & few are not
mentioned. Few people support atrocities openly &
few secretely. Few people eparticipate in the atrocities.
Most of the people remain indifferent, proving that
they do not care. Dalit activists & few of their friends
or well-wisher oppose atrocities. Only a few members
from non-dalit section oppose atrocities sincerely. Few
Dalits too, mainly due to pressure from oppressers
ignore them. Economic dependence of the SCST
people upon the oppressors makes the situation worst.
There is a clear cut majority & full domination of the
non-SCST groups in most of the villages & cities in
India, where atrocities are committed. This domination
is present in the Administration, Police & Judiciary of
India
India, which leaves no way of escape for the dalits. It

has become an avoidable fate of the SCST
communities, to get crushed under the feet of their
own country-men.
The overall status of the Indian Social
System & the nature of Atrocities committed against
the SCST communities in India can be described in
short, as follows1. Atrocities committed against SCST people, is
an age old problem in India.
2. It is a combination of social, religious &
political problem.
3. A person/caste/tribe which is untouchable/
secondary to a Hindu is untouchable/ secondary
to others too.
4. The problem of untouchability & atrocities is
the outcome of the mixed feelings of eanimity,
hatred & superiority complex.
5. When people see some monetary or other
benefit, they change their adamant casteist
behavior, at least up to some extent.
6. When there is some chance of not getting
uncovered while violating the rules, they violate
it, especially for personal benefit.
India
7. The educational or economic progress; clean &
neat life style; sober behavior etc. of the exuntouchable/tribal persons does not upgrade
their secondary status in the minds of people
possessing superiority complex.
8. A considerable part of atrocities is a result of
the caste system. It has created some superiority
complex in the minds of few groups &
inferiority complex in the minds of few other
groups.
9. In modern India, the Laws are changed; but the
mindsets are not!
We should conclude this discussion of
history of atrocities on a note that No human being
should accept & allow such type of in-human behavior
by anybody, against any human being.
***

India
Chapter IV
Constitutional Framework
To Prevent Atrocities
Recognition of the SCSTs

The Fundamental Rights
Directive Principles of State Policy
SC & ST Commissions(article 338)
Other provisions
Preventive Laws & Rules

1. The Protection of Civil Rights Act, 1955
2. The Protection of Civil Rights Rules, 1977
3. Implementation of PCR Act & Rules.
4. SCST (Prevention of Atrocities) Act, 1989
5. SCST (Prevention of Atrocities) Rules, 1995
6. Implementation of POA Act & Rules.
7. SCST (POA) Amendment Act, 2015
8. SCST (POA) Amendment Rules, 2016
Response of the Administration

------------------------------------------------------------------------
Recognition of the SCSTs

Constitution of independent India was
framed in between 1946 & 1950. India achieved
independence on August 15, 1947. But before that, the
process of formation of Constituent assembly was
India
initiated by the then British government. The

Constitution of India was accepted by the
representatives of India, on behalf of Indian citizens,
on November 26, 1949. It is supposed to be
implemented from January 26th, 1950. The process of
recognition of SCSTs too, was initiated much before
the achievement of Indias independence. The Indian
Constitution contained 395 articles & 8 Appendices in
all. Later, few articles changed or deleted, but the
numbers of articles are kept intact, as far as possible.
Number of Appendices in increased from 8 to 12, in
the latter course of time.
Indian Constitution has incorporated a
number of protections & safeguards for the common
people. Few of them are specially designed for the
protection of Scheduled castes, Scheduled Tribes &
other suppressed classed in India. As the SCSTs
constitute the most deprived section of the country,
few of the articles are proving to be most helpful for
them. The safeguards provided by the Indian
Constitution are grouped by few intellectuals as
followsI.
II.
III.
IV.
V.
Social safeguards,
Economic safeguards
Educational & Cultural safeguards
Political safeguards
Service safeguards.
We should remember that the above

categorization is done by few intellectuals & is not
India
mentioned as such by the constitution itself. In real

life, no such categorization is absolutely possible, as
many issues are mixed in various degrees with each
other & we cannot separate them as such.
The terms Scheduled Castes &
Scheduled Tribes are supported by the Indian
Constitution. The term Scheduled Castes, referred to
as SC here onwards, was used for the first time in the
Government of India Act of 1935 . The act was
passed by the then British Government of dependent
India, in order to give greater self-rule to Indian
provinces & to set up a national federal structure in
India. The law recognized scheduled Castes as a
group of few casts, races or tribes in India. The criteria
was mentioned in the law as follows- ...such castes,
races or tribes or parts of groups within castes, races or
tribes, which appear to His Majesty in Council to
correspond to the classes of persons formerly known
as the Depressed Classes, as His Majesty in Council
may prefer.
The term SC was specified more clearly
later in the Government of India (Scheduled Castes)
Order, 1936. The order contained a list or Schedule of
total 429 castes from all 9 provinces existed in the
British administered India at that time. This list was
further modified & published by the Government of
India in 1950. This time, two independent orders were
published. First was the Constitution Scheduled
Castes Order, 1950 & the second was Constitution
India
Scheduled Tribes Order, 1950. Both lists included

few castes & tribes or groups as the Scheduled castes
& Scheduled tribes. These lists arranged SC & ST
groups in State-wise manner. These lists consisted
names of 1109 Scheduled Castes & 662 Scheduled
Tribes, a total of which goes to 1771. These lists are
further gone on changing for including few more
groups, though in small number.
Each caste or tribe in every State in the list
has been given a unique serial number for that State.
For example, Mahar Caste in Maharashtra is given
serial number 37 in the list of Scheduled Castes in
Maharashtra. If we take a nationwide look, we can see
that the state-wise lists are not exclusive at all. Few
castes & tribes are spread across the boundaries of the
states. They are present in more than one state, may be
with same or similar or different name, depending
upon the language, culture etc. of that State, region or
Province. Take an example of Mahar Caste. It is found
spread with various names in about 13 States of Indian
nation. These States are- Andhra Pradesh, Assam,
Gujarat, Karnataka, Madhya Pradesh, Maharashtra,
Meghalaya, Orissa, Rajasthan, West Bengal, Mizoram,
Goa & Chhattisgarh. In States like Madhya Pradesh,
Orissa & Chhattisgarh, the Mahar caste is found to be
enlisted on the same serial numbers along with the
castes like Mehra & Mehar. This shows the close
connection of the groups with each other.
The Scheduled Castes & Scheduled Tribes
were loosely referred to as the Depressed Classes
India
from the 1850s. In the early period of the 20th

century, British were trying to assess the feasibility of
establishing responsible self-government in India.
The Morley-Minto Reforms Report, MontagueChelmsford Reforms Report & the Simon
Commission Report were three of the important steps
taken in this direction. The topic of reservation of
seats for the Depressed Classes in provincial and
central legislatures was treated as one of the most
important issues in these reforms. In 1935, the British
Parliament had passed the Government of India Act of
1935. Along with employing greater self-rule for the
Indian provinces, the act was aimed at setting up a
National Federal Structure in India. This act had made
the provision of reservation of seats for the Scheduled
Castes. It came into force from 1937.
After independence, the Constituent
Assembly continued the prevailing definition of
Scheduled Castes. It also introduced a new term
Scheduled Tribe and conferred the President of
India & Governors of states on, with the
responsibility of compiling a full listing of the
Scheduled Castes and Tribes. This provision was made
in articles 341 & 342 of the Indian Constitution. It also
conferred on the power of updating the list as per
requirement, into the President of India & Governors
of various States. The complete listing of the
Scheduled castes & Scheduled tribes was made
through two consecutive orders as1. The Constitution (Scheduled Castes) Order, 1950 &
India
2. The Constitution (Scheduled Tribes) Order, 1950.

These lists are further updated from time to
time, as per the requirement.
The Fundamental Rights
There are a number of provisions made by

the Indian Constitution, in order to safeguard the
general citizens of India. The SCSTs have become the
victims of various types of atrocities from historical
times. They, being the most vulnerable sections of the
society, therefore, are proved to be the prime
beneficiaries of the provisions, though others too are
the important beneficiaries. There are few articles,
which are drafted keeping the SCSTs in mind, whereas
there are few articles which are useful to all. Due to the
disadvantageous position of the SCSTs, these have
proved to be a blessing for the SCSTs. Their general
human rights, for the first time in the History of India
have been secured. There are six types of Fundamental
rights secured for all Indian citizens. They are equally
applicable to all irrespective of their caste, race,
religion, sex, language spoken & province.7 In the
history of India, for the first time, all Indians including
SCSTs, women, minorities etc. are brought on the
same plane, at least I front of the law. This is a
historical revolution brought about by the Indian
Constitution, since Jan 26th, 1950.
Article 14 of the constitution has introduced
Equality before law in India. The disadvantaged
India
groups including todays SCSTs were never treated to

be the equals, by the law ever before. They were never
treated equally before law. They were never offered
equal protection of law, throughout the long history of
the Indian Society, of about five thousand years. In
such situation, the 14th article of Indian Constitution
made them equal beneficiaries of the principle of
equality before law & equal protection of law. The 15 th
article of the Indian Constitution has prohibited any
sort of discrimination on grounds of religion, race,
caste, sex or place of birth. No citizen can be subjected
to any disability, liability, restriction or condition with
regard to the access to any shop, public restaurant,
hotel & places of public entertainment. No any such
restrictions, disabilities, liabilities, conditions can be
applied to any of the citizen with regard to use of
wells, tanks, bathing ghats, roads & places of public
resort maintained wholly or partly out of state funds or
dedicated to the use of general public.
Article 15(4) has made special provisions
for the advancement of disadvantaged groups. Article
16 has given all citizens the right of equality of
opportunity in matters of public employment. Article
16(4A) have made provision for reservation in
promotions for the disadvantaged groups. All such
things were not previously available for the
disadvantaged & unfortunate groups including the
SCSTs in India, in its much longer history.

India
Article 17 of the Indian Constitution is of

utmost importance, as it had abolished the practice of
untouchability and had forbidden its practice in any
form. Enforcement of any disability arising out of it is
now treated as an offense punishable in accordance
with the law. There are few other articles too, which
are generally helpful for all of the citizens of India, but
have proved to be of utmost importance for all the
downtrodden groups. Group of SCST people is one of
those groups. These groups badly need such safeguards
due to their miserable situation all over India. In the
Indian Society, from last few thousand years, certain
were not allowed to reside in the main land of the
cities, towns & villages. They had to live somewhere
outside the main land. They did not have given the
right to education, right equality, right to property,
right to progress or anything like that. All such
disabilities which were forced on them by the Indian
socio-religious systems & customs are now abolished
by the Indian Constitution.
All the laws & customary rules which are
inconsistent with the fundamental Rights of the Indian
Citizens are made ineffective by the 13th article of the
Indian Constitution, throughout the territory of India.
Though the effects are not yet seen clearly, the position
of equality is strengthened up to some extent, at least
theoretically. The 19th article confers upon the right to
move freely throughout the territory of India & right
to reside and settle in any part or the territory of
India, to all citizens of India. Few other provisions
introduced by the Indian Constitution are- Protection
India
of the right of Speech & expression; freedom to

assemble peaceably; freedom to form associations;
move freely throughout the territory India; reside
anywhere in India; Run any business or accept any
occupation etc.
Article 20 offers the protection from
conviction of any offence except violation of
constitutional law in existence. Article 21 provides
protection of life & personal liberty. Article 22
provides protection from illegal arrest & detention. It
mandates the Police to take the arrested person to
nearby magistrate within 24 hours & detain him, only
if such order is given by the magistrate. Article 23
prohibits the trafficking of human beings. It also
prohibits forced labor. Article 24 prohibits employment
of children in dangerous occupations & factories etc.
Articles 25 to 28 gives right of accepting &
following any religion, to all Indians. Articles number
30 gives right to establish educational institutions.
Article number 32 to 35 gives right to employ the
fundamental rights, with the help of High Courts &
Supreme Court. Though these rights are introduced for
all citizens, we cannot neglect the change they have
bought in the lives of SCSTs.
Directive Principles
Part four of the Indian Constitution headed

as Directive Principles of State Policy directs the
India
central, state & local governments for creation of

Socially, economically & politically just society; for
bringing equality in the distribution of wealth &
sources of wealth; for providing legal help to all; for
introducing right to work & compulsory education; for
protecting the economic & educational rights of
oppressed classes, especially the SCSTs & protecting
them from social injustice & exploitation. etc. Article
46 abides the State to promote with special care the
educational and economic interests of the weaker
sections, especially the Scheduled Castes & the
Scheduled Tribes. It also abides it to protect them from
social injustice and all forms of exploitation. There are
a number of other provisions made by the Indian
Constitution for SC & ST people. There are a number
of too great articles in this part of the constitution.
SC & ST Commissions (Article 338)
Apart from the fundamental rights, few

other provisions like reservations for SCSTs in the
Parliament, State Assemblies & local governments etc.
are the important provisions made by the Indian
Constitution for the protection & progress of the
SCSTs. Increased socio-economic status & proper
share in State or National power at various levels is
expected to minimize the atrocities on the SCSTs.
Looking at the overall situation, one more important
provision is made by the Indian Constitution in its
article number 338. Originally, a Special Officer called
the Commissioner for SCs & STs was provided by the
Indian Constitution, under Article 338. It was endowed
India
with the responsibility of monitoring the

implementation of various safeguards present in the
Indian Constitution for SC-STs, along with the related
legislations & submitting a report annually to the
President of India.
To enable efficient discharge of his duties
17 regional offices were set up all over the country.
Meanwhile, there was persistent demand for a multimember committee instead of the commissioner.
Therefore, 48th amendment to the Indian Constitution
proposed some change in article 338 to enable the
formation of one multi-member Commission. While
the amendment was being discussed in the parliament,
the Ministry of Welfare issued an administrative order
to establish the multi-member Commission to
discharge the same duties. As per that order, first
commission for SCST was established in August 1978.
Further, the functions of this commission were
modified in September 1987. After this, the
commission was authorized to advise the Indian
Government on broad policy issues at various levels of
development of SC and ST people.
The Special officer provided under this
article number 338 had submitted thirty reports in all,
from 1952 to 1991 to the President of India. The first
non-statutory commission which was set up in August
1978, had submitted total eight reports to the
President. It had submitted its last report for year
1986-87. The next year, the National Commission for
SCSTs was reconstituted. It was initially constituted in
India
September 1987 & was supposed mainly to conduct

research studies. It was not required to submit any
annual report. All these commissions made a large
number of recommendations regarding the safeguards
& economic development; agriculture & land
problems;
social,
educational
and
political
development & other issues especially including the
elimination of untouchability, harassment & atrocities
committed against SCST people. The report for year
1992-93 was the first report submitted by the reestablished National SCST commission.
***
In 1990, the Article 338 was actually
amended to give birth to the statutory National
Commission for Scheduled Castes and Scheduled
Tribes via the Constitution (Sixty fifth Amendment)
Bill, 1990. This bill received the assent of the Indian
President on June 7, 1990. The first Commission under
this Amendment was constituted in March 1992. It
replaced the earlier Commissioner for SCST. It also
replaced the temporary set up of the SCST
Commission. This temporary set up was established
under the Ministry of Welfares Resolution of 1989.
The New Commission had a Chairperson, a ViceChairperson and five other members. These were to be
appointed by the President of India, by warrant under
his hand and seal. This commission was enabled to
regulate its own procedures. The duties of this
commission were enlisted as follows127 | Dr. R. N. Howal Facing Atrocities In Independent
India
1. To investigate and monitor all matters relating

to the safeguards provided for the Scheduled
Castes and Scheduled Tribes by the Indian
Constitution or by any other law or Government
order.
2. to inquire into specific complaints with respect
to the deprivation of rights and safeguards of
the Scheduled Castes and Scheduled Tribes;
3. to participate and advise on the planning
process of socio-economic development of the
Scheduled Castes and Scheduled Tribes and to
evaluate the progress of their development
under the Union and any State;
4. to present to the President, reports about the
working of the safeguards annually and also at
any other suitable time;
5. to recommend the measures, to be taken by
Union/State government for the effective
implementation of the safeguards for SCSTs.
Also to recommend other measures, to be taken
for the protection, welfare and socio-economic
development of the SCSTs.
6. to discharge other functions in relation to the
protection,
welfare,
development
and
advancement of the Scheduled Castes and
Scheduled Tribes, as per the Presidents
direction.
It is the responsibility of the president, to
keep these recommendations in front of both of the
houses of the parliament, along with the action taken
reports or the details of the actions to be taken. He has
India
to specify the reasons, if the recommendations of the

commission are not accepted by him. It is also
specified that, while investigating any matter relating
to the safeguards of the SCST people or while
inquiring into some specific complaints with respect to
the deprivation of their rights and safeguards, the
commission will have all the powers of a civil court
trying a suit. The SCST Commission has sufficient
powers in respect of the matters like (a) Summoning & enforcing any person from any part
of India to attend the enquiry
carried out by the commission & examining him
on oath;
(b) Requiring the discovery and production of any
documents;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record or copy thereof
from any court or office;
(e) Issuing commissions for the examination of
witnesses & documents;
(f) any other matter which the President may by rule,
determine.
The Union Government and every State
Government had to consult the SCST Commission on
all major policy issues affecting SCSTs, as per these
provisions.
Looking at the overall provisions, one can
be assured that the commission has been set up as
powerful machinery for the welfare & well-being of
India
the SCSTs. But all efforts may prove to be in vain, if

no proper implementation of the provisions is carried
out. It is very unfortunate that most of the provisions
regarding this have been remained on the paper only.
The Commission is made powerful only on the paper.
In reality, it is kept quite weak. There are a number of
hurdles erected in the path of the commission by the
opponents of the SCSTs. Though a number of powers
are conferred on to the SCST commission, the
necessary & sufficient infrastructure was not created
for its effective functioning, for a number of years.
The Commission is still fighting for getting
sufficient staff for completing its regular work
efficiently. There were continuous considerable
vacancies of posts in the commission. See the letter of
Mr. H. Hanumanthappa, who was a Member of
Parliament & then Chairman of the SCST commission.
In his letter to Mr. Shankar Dayal Sharma (the then
President of India) dated 09 July, 1996, he had tried to
attract the attention of the President towards this issue
of vacancies in the commission. It was also mentioned
in the Annual report of the SCST commission for year
1992-93, that The Commission has not been able to
start functioning effectively in respect of several
Constitutional provisions due to gross insufficiency of
the staff. The staff proposals submitted to the Ministry
of Welfare is yet to be sanctioned.
***
India
It is a very unfortunate fact that a number of

recommendations of the SCST Commission are simply
ignored by the governments till today. As an example,
consider the recommendation of the commission
regarding the registration of the cases. There were
complaints against many police officers that they were
not registering the cases of atrocities in Police stations.
At some instances, where they registered them, they
were registered under some another law. At other
places they made the wrong sections applicable. For
example, in case of wrong behavior with a women,
they registered some another section of the law, which
is totally different from the incidence. Keeping such
things in mind, National SCST commission
recommended that the post Masters of local post
offices having telegraph facility, be authorized to
record complaints of the victims of atrocity. It was also
suggested that these complaints be sent telegraphically
to the special police stations at the government cost,
for registration purpose. It was also suggested that,
similar power be given to the head of the Gram
Panchayats & both these persons be declared as the
honorary Police Officers.
These were quiet good suggestions but not
yet accepted by the Central Government. The
commission also recommended that the subject of
atrocities should be transferred to the Home
Ministry from the Ministry of Welfare without
further delay, in the interest of the SCSTs. This was
India
already recommended two times, by the

Parliamentary Committee on the Welfare of
Scheduled Castes & Scheduled Tribes; but no action
was yet taken by the Government, even after twenty
years of its recommendation. It was also recommended
by the Commission to include the subject of atrocities
on SCSTs along with the POA Act of 1989 in the
syllabus of the Departmental examinations & also in
orientation or refresher courses; but this
recommendation too was not accepted. The
commission also has recommended that the cases
resulted in acquittal on technical grounds or due to
administrative or other lapses, must be re-examined by
the Public prosecutor & he should appeal to ensure
justice to the victims of atrocities. This
recommendation if accepted could have increased at
least some percentage of the punishments, but
unfortunately this too was not accepted. There are
plenty of such recommendations of the commission,
which are simply ignored by the governments till
today.
It was recommended by the National SCST
Commission that the Special Courts under the POA
Act of 1989 be set up in all concerned States, as
quickly as possible. But this recommendation too, was
ignored for almost fifteen years by various State
governments & Central Governments. The monitory
relief granted to the family members of the persons
killed in the caste atrocities was not in line with that of
the persons killed in Communal or Caste riots. The
relief given to the family of victim of caste atrocity
India
was much less than that given to the victim of

Communal or Caste riots. The recommendation to
bring this relief on same plane was also ignored by the
government for a number of years. The Commission
had also recommended that the preventive action in
cases especially of land disputes be taken quickly by
the local administration; but the local governments are
not yet involved in the matters of atrocity prevention.
The preventive measures of identifying
atrocity prone areas & appointing Special
Collectors for those areas, too, was not taken
seriously by the Governments for a number of years.
Rural area is more prone to atrocities as compared to
the urban area. Therefore, it was recommended by the
commission to give wide publicity to the provisions of
POA Act, 1989 through the mass media. But neither
the government nor the media on its own gave wide
publicity to the provisions of the act. Neither the
provisions, nor the atrocity news are given sufficient
publicity by the Government & the media till today.
Under article 338, the SCST commission is bound to
investigate & monitor all matters related to the
safeguards of the SCSTs. These include the safeguards
provided in the Indian constitution, along with the
laws, orders & rules made thereafter. It is also bound
to inquire into the specific complaints with respect to
deprivation of rights, safeguards etc & to present the
reports on working of these safeguards to the president
of India.
India
There are few hurdles in the working of the

commission. The commission has to rely on State
governments, Union Territory administrations,
Ministries of Welfare, Labor, Information &
Broadcasting etc. for the required information to be
included in the annual reports. But many times, few of
the agencies, avoid timely cooperation & the SCST
commission becomes handicapped. Such behaviors of
the Ministry of Welfare, few States like Bihar,
Chandigarh, Jammu-Kashmir, UT governments like
Andaman & Nicobar etc. are recorded by the
government. Not just that, there are such instances,
where information received from 11 states was neither
complete & well co-related nor checked properly. This
particular case was recorded by the SCST commission
in its report for year 1994-95. These names of these 11
states are- Andhra Pradesh, Gujarat, Karnataka,
Kerala, Madhya Pradesh, Maharashtra, Orissa,
Rajasthan, Sikkim, Uttar Pradesh & West Bengal. This
shows the general disinterest of the administration in
large part of India in the implementation of the atrocity
preventive policies.
The SCST commission, in its general
practice, examines the cases that come to its notice
through representations or complaints of the victims
themselves or through their relatives, well-wishers etc.
They also take note of the communications received
from voluntary organizations, welfare associations,
MPs, MLAs etc. They also take note of the cases
coming to their through press & other media like T.V.
& Radio. The commission discusses such matters with
India
the concerned authorities. In important cases, fax or

wireless messages are sent to district authorities for
furnishing detailed reports containing facts of the case.
Action taken report of the local administration is
also taken. In case of more serious cases, wireless
messages are sent to the concerned field officers of the
commission to conduct on-the-spot inquiries &
submit reports immediately. As the Commission has
computerized set up now, it has directed all the chief
secretaries of the States & UTs to send e-mail
messages within 24 hours in the case of any incident of
atrocity. In selected cases, the Chairman, ViceChairperson & members of Commission also visit the
places of occurrence of crimes & conduct detailed
inquiries.
***
The SCST commission, being a statutory

body established in 1990, possesses a lot of legal
powers as follows1. Power to investigate & monitor the
implementation of safeguards for SCSTs
2. Inquire into specific complaints about depriving
of rights
3. Participating & advising the planning process
4. Presenting annual reports to the President,
5. Recommending measures for protection,
welfare & socio-economic development of
SCSTs
India
As per the provisions, the recommendations

of the commission must be kept in both houses of
parliament by the President, along with the action
taken report. He has to specify the reasons, if the
recommendations of the commission are not accepted
by him. The commission enjoys powers of a civil
court, while trying a suit. It can summon & enforce
attendance, examine on oath, can demand discovery &
production of any documents, receive evidence on
affidavits etc.20
Even after having these much powers, the
commission could not live up to the expectations of the
SCST people. Though it presents the annual reports,
wide publicity is not given to these reports. They are
not placed in the parliament in time. Scarcity of staff &
related infrastructure; ignorance by the government;
great population of about 30 to 35 Crore (300 to 350
million) to look after; hundreds of other practical
problems & complications along with the bureaucratic
lethargy have paralyzed the working of the SCST
commissions. In this situation, in order to bring some
discipline in the implementation of the safeguards, the
SCST Commission was bifurcated in 2003. This time,
the Constitution of India was amended to split the
National Commission for Scheduled Castes and
Scheduled Tribes into two separate commissions
I.
II.
the National Commission for Scheduled

Castes and
the National Commission for Scheduled
Tribes.

India
These two commissions are established

under Articles 338 and 338A of the Indian
Constitution.
***
The SCST Commission before bifurcation
have presented in all 7 reports from 1992 to 2002 to
the president of India. Along with Economic,
Educational & other related matters the commission
have raised a strong voice against the atrocities
through all these reports. Each of these reports
contains a separate chapter devoted for the
presentation of the volume of atrocities committed
against the SCSTs. They also recommend various
remedies, in order to put an end the atrocities; but they
are continuously ignored by the Indian Governments.
The ignorance have reached to such a high stage, that
the seventh (i. e. the last report of the united SCST
Commission submitted for year 1999-2000) which was
presented by the commission to the President of India
is not yet placed in the parliament for discussion. It is
made open for the public.
The first report of the newly formed SC
Commission (submitted for year 2001-02) & first
report of the newly formed ST Commission (submitted
for year 2003-04) were the latest reports published &
made open for the public( till at least at the end of
February, 2013, when this study was carried out).
There was a note displayed on the authorized website
India
of the SCST Commission, that the last report of SCST

Commission & all the annual reports of the ST
commission for years 2005 onwards will be published
for public only after receiving ascent of the Indian
President. It is very unfortunate a thing that the annual
reports of the National SC Commissions for year 2003
onwards & that of National ST Commissions for year
2005 onwards, were not accessible to the citizens, even
in the year 2013. The annual reports of other bodies
like NCRB up to 2011 were already published &
displayed on their authorize websites. This is a very
unfortunate fact that the SCST communities & the
National Constitutional bodies like SC & ST
commissions (which are specially constituted to
monitor their safeguards), both are facing hardships in
independent India, even after its 70 years of
Independence.
***
It is very unfortunate that a large number of
recommendations made before 1992 by the
Commissioner for SCSTs & by the newly formed
Commission under the administrative order of Welfare
Ministry, were either rejected or kept un-implemented.
Few of such important recommendations were as
follows1. make central assistance to the Special
Component Plan(SCP) & Tribal Special
Plan(TSP) non-divertible & non-lapsable;
2. allot surplus land to SCSTs;
3. distribute Pattas & update land records
India
4. promptly dispose all cases of land alienation

5. recommendations related to rights of Tribals in
the forest & excise policy,

6. stop harassment of tribals at the hands of Forest
& Police officials & middlemen
7.
Speedy rehabilitation & payment of
compensation to the ousters of major dams,
projects etc.
All the cold response of the Central & State
governments to these recommendations added to the
misery of the SCSTs & made them more vulnerable to
the attacks & atrocities by the non- SCST people in
their geographical neighbourhood.
***
Other provisions In Indian Constitution
Provision of separate ministers like tribal

welfare minister for certain states, provision of
reservation of seats in the Parliament, State
Assemblies, Panchayats, Municipalities etc; provision
of formation of an autonomous State comprising
certain areas; creation of local Legislature or Council
of Ministers; provision of providing grants-in-aid out
of Consolidated Fund of India for promoting the
welfare of the STs; creation of National Commissions
for the SCs & STs etc. are very important provisions
made by the Constitution of India. 10 which are directly
or indirectly aimed at preventing the atrocities, those
are committed against them. These much rights &
India
facilities were never made available to the

disadvantaged groups in India, including todays SCs
& STs.
Preventive Laws & Rules
After the acceptance of Indian Constitution

January 26th 1950, a number of Acts were passed &
rules made by the central government for protection of
the SCST population. Following are the five of them,
as far as the atrocities committed against SCSTs are
concerned1. The Untouchability (offenses) Act, 1955
(later amended & renamed as the Protection of
Civil Rights Act, 1955 in year 1975.)
3. The SC & ST (Prevention of Atrocities) Act,
1989.
4. The SC & ST (Prevention of Atrocities) Rules,
1995
5. The SC & ST (Prevention of Atrocities)
Amendment Act, 2015
There are few other laws, which are not
specially designed for atrocity prevention in legal
terms, but are very helpful for the protection of SCSTs
as they constitute the most poor, powerless &
vulnerable section of the Indian society. Few of these
acts are as follows140 | Dr. R. N. Howal Facing Atrocities In Independent
India
1. The Bonded Labor System (Abolition) Act,

1976.
2. The Minimum Wages Act, 1948.
3. The Equal Remuneration Act, 1976
4. The Child Labor (Prohibition and Regulation)
Act, 1986.
5. The Employment of Manual scavengers And
Construction of Dry Latrines (Prohibition) Act,
1993.
We will see a few of them.
1. The Protection of Civil Rights Act, 1955
Initially, this act was named & passed in
1955 as the Untouchability (offenses) act, 1955. It
was enacted to give effect to the constitutional
provision of article 17 of the Indian Constitution,
which was aimed at abolishing untouchability. The act
came into force on June 1, 1955. It was the act No. 22
of 1955. It was extended to the whole territory of
India. It was passed on May 8 th 1955 in the Indian
parliament. After about 20 years, it was modified &
once again passed on Sept 1st 1977 with a new nameThe Protection of Civil Rights Act, 1955. Though
the act was renamed & modified in 1977, the year
1955 was retained in its name. For this law,
Scheduled castes has the meaning assigned to it in
clause (24) of article 366 of the Constitution.
India
Scheduled Tribes has the meaning assigned to it in

clause (25) of the same article. This law assured legal
punishments to the culprits, for doing following
crimes1. Enforcing religious disabilities on SC/ST
people/person.
2. Enforcing social disabilities on SC/ST
people/person.
3. Refusing to admit persons to hospital, etc.
4. Refusing to sell goods or render services.
5. Committing any other offense arising out of
untouchability.
The declared a punishment of imprisonment
from one to six months, along with a fine of one to five
hundred rupees, to the defaulters. Following was
declared as the act of enforcing religious disabilities,
by this law1. The act of preventing any person- from entering
any place of public worship; from performing

worship or offering prayers; from performing
any other religious service in any place of
public worship
2. The act of preventing him from taking bath or
using the waters of any sacred tank, well, spring

or water-course like river, lake, bathing ghat,
tank etc.
India
These types of provisions were earlier

included by the Indian Constitution in its third part,
under the chapter of Fundamental Rights of the
Indian Citizens. Similar provisions were introduced in
the law too. Though the fundamental rights were made
to protect all of the Indian citizens, SCST people were
the main targets of the unequal treatment from
historical time. The provisions therefore proved to be
like some blessings for the unfortunate SCSTs in India.
For the purpose of the implementation of the law the
Buddhists, Sikh, Jain & Hindu religion in any of its
forms or developments were deemed to be the Hindus.
They, therefore included a number of groups like
Virashaiva, Lingayat, Adivasi, followers of Brahmo
samaj, Prarthana samaj, Arya Samaj & the
Swaminarayan Sampraday etc.
A provision of collective fine to the
inhabitants of the area, who are concerned in the
offense or do not assist in discovering the offenders or
the suppressed material was made by this law. It was a
unique provision of such type. Though the provision
was made there was no any example of
implementation of the collective fine throughout
India. The state governments were made responsible
for making necessary arrangements, so that the rights
available to SCST people be made available to them in
practice. The offenses under this act were made noncompoundable. After modification, the new law i.e.
the PCR Act of 1955 was made overriding any other
India
law inconsistent with it. The law assured legal

punishments for committing any offense arising out of
untouchability. The punishments included1. Cancellation of the licenses of the persons who
have committed such offense;
2. Suspending the grant of the place of
worship/educational institution/hostel etc. if
their managers, trustees etc. found guilty;
As stated earlier, the state government was
made responsible for creation of atmosphere suitable
to the provisions of the law. Even after making all
these provisions, it is unfortunate that not much efforts
were taken by the state governments to implement
these provisions for atrocity prevention. They were
continued as ever before. Even though it is said that
the act has not become successful, the real fact is
that the people implementing the act were not
successful in implementing it. The provisions of the
act were good; but the implementers were not!
***

The power to make rules to carry out the
provisions of PCR Act, was enshrined to the Central
Government, through section 16B(1) of the act.
According to that, the central government passed PCR
rules in 1977 for carrying out the provisions of the act.
India
The rules were passes under title- Protection of Civil

Rights Rules, 1977. The responsibility of
implementation of the act was given to the state
government, by these rules. They provided an Inquiry
Officer who was not below the rank of a SubDivisional Magistrate. He was supposed to complete
the inquiry within the period of six weeks.
PCR rules also made a provision of
collective fine, to the people who hide or help to
hide the proofs of the crime & not co-operating the
inquiry. They also allowed the aggrieved persons to
file a petition before the State Government against it.
Thus it can be seen that a good effort of balancing is
done by the rule makers. The rules also made provision
that the state governments has to furnish to the Central
government, a summary report of the measures taken
by it, for ensuring the rights to the SC/ST people
before the 15th day of February, every year. Thus, the
law makers have tried to establish a time bound
framework, in order to fight atrocities.
Implementation of The PCR Act & Rules :
Measures taken by States/UTs in

implementation of PCR Act & Rules are not
encouraging. Along with providing legal aid &
India
adequate facilities, the state governments were

expected to appoint inquiry officers, set up special
courts for trial of atrocity cases, taking periodic
surveys to monitor the implementation, identifying
untouchability prone areas etc. The Central
government was expected to co-ordinate the States in
taking preventive measures & to place in each house of
parliament, a report of measures taken by itself & the
States. But the response from the Central & State
Governments was very disappointing for a long period.
Up to year 1993-94, Special Courts, as
required by the PCR Act were not set up in Assam,
Gujarat, Haryana, Jammu & Kashmir, Kerala,
Maharashtra, Orissa, Punjab, Tripura & West Bengal.
Among Union Territories, they were not set up in
Chandigarh, Dadra & Nagar Haveli, Delhi &
Pondicherry. Untouchability prone areas were
identified by only four states of Gujarat, Maharashtra,
Tamil Nadu & Uttar Pradesh. Periodical Survey about
working of the PCR act was conducted by NONE of
the States. The States like Rajasthan; Uttar Pradesh &
UTs like Dadra & Nagar Haveli were unable to assess
the need & urgency of implementation of PCR. They
did not come forward for availing the grants. In 1994,
the grant in aid for the implementation of PCR was
India
provided to 14 Indian States only, by ministry of

welfare. It was amounting to Rs. 4,40,05,584/-.
In the annual report of year 1994-95, the
commission reports that, even after the forty years of
implementation of the PCR act, the brutal incidences
of depriving life & properties of the SCST persons
were not stopped. Numerous incidents of highly
perverted social behavior like forcing persons to drink
or eat inedible substances like human excreta, dumping
carcasses or other waste matter in their premises,
polluting drinking water sources used by them &
implicating them in false cases were continued at large
scale. Due to the absence of legal definition of the term
atrocity, the government hadnt had the correct
figures of the incidences of atrocities. There was no
uniformity in the criteria followed by different state
governments in furnishing information about the
atrocities. There was no fool-proof information of facts
& figures about atrocities available with the Central &
State governments. This was the picture seen after
around forty-five years of Indias Independence.
The Central Government was supposed to
place on the table of each house of Parliament, a report
every year. It was expected to contain the information
about the measures taken by it and by the State
Governments, in ensuring the availability of the rights
accruing from the abolition of untouchability, to the
concerned persons. This was declared by sub section
India
15A (4) of PCR Act of 1955. Looking at this, the PCR

Rules have directed the state governments to furnish a
summary report of the measures taken by it, for
ensuring these rights to the SC/ST people every year.
This report was to be furnished to the Central
government, before the 15th day of February, every
year.
Up to the end of year 1995, the central
government had placed 13 such reports in the Indian
Parliament. At the end of year 1998, it had placed 14
reports covering the period up to 1993. Up to this year,
i. e. 1998 existing session Judge or Additional Session
judges were designated as special courts for trial of
cases under PCR Act, in most of the states. Thus, the
provision of special courts was ill-implemented by the
Indian Courts. However, few States have designated
Special Mobile Courts. They were- Madhya
Pradesh(10), Rajasthan(6) & Karnataka(4).
***
A report of Justice K. B. Saxena
committee, submitted to the NHRC in 2004, has noted
few
important
observations
regarding
the
implementation of PCR Act & PCR Rules. The
important points of the observation are as follows1. State Governments have shown no seriousness
in identifying untouchability prone areas. Even
India
2.
3.
4.
5.
6.
7.
8.
where this has been done, there is no plan of

action to eliminate the practice of
Untouchability.
There is very little publicity of the provisions of
the Act, despite the claim made by most States
that this has been done.
No periodical surveys are carried out as
required.
The Administrative arrangements, most notably
the setting up of Special Courts &
appointment of Special Public Prosecutor for
the operation of the Act do not exist in many
States.
Few States had not assessed the need of
exclusive special courts for atrocity cases.
(They had over-ruled the provisions of act.)
There is virtually no monitoring of the
implementation of the Act at any level.
Vigilance and Monitoring Committees, as
prescribed under the Act, have not been
constituted. Such committees where they exist
hardly function.
No regular meetings of these committees were
held at all. The quality of prosecution was poor.
The functionaries entrusted with the work lack
both competence & motivation.

India
9. The reports prepared by the Ministry of Social

Justice & Empowerment and placed before
Parliament contain merely factual information
received from States. These reports contain
information just about registration & disposal of
the cases; the administrative arrangements
made; the funds spent etc. They do not contain
any meaningful analysis of the performance of
the States.
***
A field study carried out by the SCST
Commission in seven states in 1989 had revealed a
number of things. It had revealed that the restrictions
in access to temples & other places of worship;
restrictions on access to drinking water, tea stalls &
hotels; restrictions on the access to essential services
like barber & washer-man; restrictions in participation
in social ceremonies & in sitting arrangement in
village Chaupals & GramSabhas etc. were still present
with variation of intensity in these States. The
discrimination in educational institutions & public
health centers was still continued in States like
Rajasthan. Discrimination was present in respect of
utensils used by general public, use of public
cremation grounds & burial grounds; in the matters of
construction; acquiring accommodation in residential
premises in these states.

India
It was also seen that the untouchability was

practiced in its acute form mainly in rural areas. Still, it
was recorded that there was some decline in the
untouchability in some rural pockets due to the
awareness among SCs. All this things prove that the
PCR Act passed in 1955 was not implemented
properly, even after 40 years of its enactment in
Independent India.32 This half-hearted implementation
of the PCR Act & PCR rules forced the central
government, finally in the fortieth year of Indian
independence, to pass a new & more stringent act
named the Scheduled Castes and Scheduled Tribes
(Prevention of atrocities) Act, 1989.
3. The Scheduled Castes & Scheduled Tribes

(Prevention of Atrocities) Act, 1989.
The PCR act was made to enforce the
constitutional provision of civil rights given to the
SC/ST people as equally to the rest of Indians.
However, the cases of their exploitation & perpetration
of atrocities on them were to be dealt with the normal
penal laws. But even after around 45 years of
Independence, the brutal incidences of depriving life &
properties of the SCSTs were continued. Numerous
incidents of highly perverted social behavior like
forcing persons to drink or eat inedible substances like
human excreta, dumping carcasses or other waste
matter in their premises, polluting drinking water
sources used by them & implicating them in false
cases etc. were continued at large scale. Still, it was
said that due to the absence of legal definition of the
India
term atrocity, the government did not have the

correct figures of the incidences of atrocities occurred
for so many years. This was a wrong stand, as
enforcing social disability & religious disability
was already defined by the PCR act.
In this situation, public concern over these
issues was aired in several forums & in parliament.
The activists & intellectuals wanted to know as to what
steps were taken to prevent the occurrences of such
incidences. There was no uniformity in the criteria
followed by different state governments for furnishing
information about the atrocity cases. Looking at the
pressure, the ministry of home affairs, through its letter
No. III-11013/1/74-NID(A) dated 04 Mar,1974, urged
the state governments to furnish details in respect of
the cases of(a) Murder, (b) Violence resulting in
grievous hurt, (c) Rape, (d) serious mischief or arson
in respect of the SC & ST people. The government also
started collecting monthly statistics on these crimes
this time. On 10 Mar, 1980, the Union Home Minister
addressed a letter to the Governors & urged the State
Governments to activate the state machinery to take
initiative & mete out a fair deal to the SCST
community, to find a permanent solution by putting an
end to the basic causes of dispute that led to the
occurrences of the atrocities.
The history tells that all the measures taken
to prevent the atrocities were proved to be useless
enough. Hence, finally in the fortieth year of Indian
India
independence, a new law with title Scheduled Castes

and Scheduled Tribes (Prevention of atrocities) Act,
1989, was enacted in India. This Act defined certain
behaviors or acts, to be considered as the acts of
atrocity.
This Act have defined certain behaviors or
acts committed against the SCST people, as the acts
of atrocity. The main goal of the POA Act of 1989, as
is mentioned in the law itself is- to prevent the
commission of offenses of atrocities against the
members of the Scheduled Castes and the Scheduled
Tribes; to provide for Special Courts for the trial of
such offenses and for the relief and rehabilitation of
the victims of such offenses and for matters connected
therewith or incidental thereto. Total 22 acts of
misconduct were enlisted by the POA Act. Few of
them are1. forcing to drink or eat inedible or obnoxious
substance;
2. causing injury, insult or annoyance by dumping
excreta, waste matter, carcasses etc. in the
premises
3. removing clothes or parading naked
4. wrongfully occupying or cultivating land of
SCST person
5. wrongfully dispossessing from land
6. compelling to do beggar
7. forcing or intimidating for not-giving the vote
8. instituting false suite
India
9. providing wrong information to government
officer
10. intentionally insulting or intimidating with
intent to humiliate
11. assaulting or using force to any woman with an
intent to dishonor or outrage her modesty
12. using ones dominant position to exploit her
sexually
13. corrupting or fouling the water of any spring,
reservoir or any other source used by SCST
people.
14. Denying any customary right of passage to a
place of public resort.
15. forcing or causing a member of
SCST
community to leave his house, village or other
place of residence etc.
Person committing these offences was
treated as liable for punishment with imprisonment for
a term from six months to five years, along with fine.
Seven more acts of atrocities are defined by the law
in section 3.2. They aregiving or fabricating false evidence against any
member of SCST community. Such person is
treated as liable for punishment with
imprisonment for life & with fine or death
depending on the seriousness of the crime
2. The person who gives or fabricates false
evidence against any SCST person, is treated
liable for punishment from six months to seven
years or upwards and with fine
1.

India
3.
4.
5.
6.
7.
The person who commits mischief by fire or

any explosive substance, against SCST person
is treated as liable for punishment for a term of
six months to seven years and with fine;
The person who commits mischief by fire or
any explosive substance, in order to cause
destruction of any place of worship etc. of
SCST people is treated as liable for punishment
with imprisonment for life and with fine;
The person who commits any offense under the
Indian
Penal
Code
punishable
with
imprisonment for a term of ten years or more
against a person or property of SCST person, is
treated as liable for imprisonment for life and
with fine;
The person who causes any related evidence to
disappear, to escape from legal punishment, is
treated as liable for punishment for that offense
The person who being a public servant commits
any offense under this section, is treated as
liable for punishment, with imprisonment for a
term from one year to the punishment provided
for that offense.

(Prevention of Atrocities) Rules, 1995.
As per the powers given by 23rd section of
POA Act, 1989, the ministry of Welfare passed the
India
Atrocities) Rules, 1995. These rules were made on

31st March, 1995. According to the rule, the State
Governments were given a number of important rights
& duties so as to implement the POA, 1989 properly.
As per the rules, the state governments were enabled to
do following things1. Identify atrocity prone areas.
2. Order the District Magistrate & Superintendent
of Police or any other officer to visit the
identified area & review the law & order
situation.
3. Cancel the arms licenses of any non SCST
person in that area, who may create any trouble
for SCST person/people.
4. Seize all illegal fire arms & prohibit any illegal
manufacture of fire arms.
5. Provide arms licenses to the members of the
SCST to ensure the safety of life & property.
6. Constitute high power state/District/Division
level committees to help the government in
implementing the provisions of the POA act.
7. Set-up Vigilance & Monitoring committees to
suggest effective measures for implementation
of the provisions of POA Act.
India
8. Set-up
Awareness Centers & organize

Workshops anywhere to educate the SCST
people about their rights & safety measures
available to them.
9. Encourage NGOs for establishing /maintaining
Awareness Centers, organizing workshops. Also
to provide them necessary financial & other
assistance.
10. Deploy special police force in the identified
area.
11. Review law & order situation & functioning of
different committees, review performance of
Special Public Prosecutors, Investigating
Officers & other Officers responsible for
implementing the provisions of the Act and the
cases registered under the Act, by the end of
every quarter.
The state governments are enabled to
prepare a panel of senior public prosecutors for each
district by the rules, in order to conduct the cases in
special courts. The District Magistrate & the
Director/in-charge of prosecution is enabled to
review the performance of Special Public Prosecutors,
at least twice a year, and submit a report to the State
Government in the month of January & July of every
year. The State government has a right to de-notify a
prosecutor for misconduct. As per the rules, it is the
India
duty of the District Magistrate & the officer-in-charge

of the prosecution at the District level, to prepare a
report about position of cases registered under the Act
and to submit a monthly report on or before 20th day
of each subsequent month, to the Director of
Prosecution & also to the State Government. The
action taken/proposed to be taken in respect of
investigation & prosecution of each case has to be
mentioned in the report.
The rules also have enabled the district
magistrate/Sub-Divisional magistrate to appoint an
eminent senior advocate in special court, if he felt such
necessity. Such advocate can be appointed if demanded
by the victims of the atrocity. The special Public
Prosecutor can be paid more than those on the district
panel, by the state government.
As per the procedure, when the complaint is
raised in the police station, the information given to
the officer in-charge of police station, must be
reduced to writing by him or under his direction. It
must be read over to the informant. That information in
writing must be signed by the informants & all that
matter must be entered in a book to be maintained by
that police station. A copy of information so recorded
as above, has to be given free of cost to the informant.
If any officer refuses to enter such information in the
above mentioned book in the police station, any person
aggrieved by such refusal, can convey the matter in
writing by post to the concerned Superintendent of
Police. The SP after confirmation of the truth can order
India
the officer in-charge of the concerned police station to

enter the substance of information in the respective
book. Such order has to be given in writing by the SP
himself or through an officer not below the rank of
Deputy Superintendent of Police.
A provision of spot inspection by officers
is also done by the rules. Whatever may be the source
of information any officer (of the rank of District
Magistrate or the sub-Divisional Magistrate or any
other Executive Magistrate or any police officer not
below the rank of DySP) whenever receives an
information about the committed atrocity, has to visit
the place of occurrence to assess the extent of atrocity,
loss of life, loss & damage to the property etc. He has
to submit a report immediately to the State
Government.
The responsible government officer
(District Magistrate/sub-Divisional Magistrate/any
other executive Magistrate & Superintendent of
Police/Deputy Superintendent of Police) after
inspecting the place or area has to do following things
on the spot, as per the rules1. Draw a list of victims, their family members &
dependants entitled for relief;
2. Prepare a detailed report of the extent of
atrocity, loss & damage to the property of the
victims;
3. Order for intensive police patrolling in the area;
India
4. Take effective & necessary steps to provide
protection to the witnesses &

sympathizers of the victims;
5. Provide immediate relief to the victims;
other
The ranks & duties of the investigating

officer are also specified by the rules. The rank of
investigating officer, who is responsible for
investigation of the atrocities, must not be below the
DySP. He has to be appointed by the State
Government/Director
General
of
Police/Superintendent of Police after taking into
account his past experience, sense of ability & justice
to perceive the implications of the case & investigate it
along with right lines within the shortest possible time.
The investigating officer has to complete the
investigation on top priority within thirty days &
submit the report to the Superintendent of Police. The
SP has to forward the report immediately to the
Director General of Police of the State Government.
The Home Secretary, the Social Welfare Secretary to
the State Government, Director of Prosecution, the
officer in-charge of Prosecution & the Director
General of Police, have to review by the end of every
quarter, the position of all investigations done by the
investigating officer.
A provision is made for setting up of the
SCST protection cell. The responsibilities of the SCST
protection Cell are1. Conducting survey of the identified area
India
2. Maintaining public order & tranquility in the

3.
4.
5.
6.
7.
8.
identified area
Recommending deployment/establishment of
special police force in the identified area
Investigating probable causes of offences
Restoring feeling of security among the people
Informing the nodal officer & special officer
about the law & order situation
Making enquiries & reviewing position of cases
registered under the Act
Submitting a monthly report etc.
There is a provision of Nodal officer for

every State made under the POA rules. The duties of
Nodal Officer are
1. to review the cases, reports, law & order
situation
2. to review the adequacy of help given to victims
3. to review the performance of NGOs
4. to review the performance of SCST Protection
Cell, various committees & the public servants
etc.
The Special officer for identified area",
below the rank of ADM/SP is responsible for
implementation of the provisions of the Act, various
committees and the SCST Protection Cell. He has to
provide immediate relief & other facilities to the
victims, set up awareness centers, organize workshops,
co-ordinate with NGOs etc. The district administration
i.e. the DM & SP has to visit the place/area of atrocity;
India
assess the loss of life & damage to the property etc. SP

has to ensure the registration of FIR. The SP after spot
inspection, has to appoint an investigation officer &
deploy police force; the DM/SDM/any other EM has
to provide immediate relief in cash or kind or both; the
report of the relief and rehabilitation facilities has to be
forwarded to the Special Court by the
DM/SDM/EM/SP.
The State Government has to make
necessary provisions in its annual budget for providing
relief & rehabilitation facilities to the victims of the
atrocity. It has to prepare a contingency plan & notify
it in its official Gazette. It has to forward a copy of the
contingency plan or summary of it, immediately to the
Central Government. It has to constitute State level
high power vigilance & monitoring committee of not
more than 25 members. It includes CM/Administrator
as the Chairman, Home Minister, finance Minister &
Welfare Minister- as Members of the committee. All
elected MPs, MLAs, & members of Legislative
Council from the State belonging to the SCST
community are the members of the committee.; Chief
Secretary, the Home Secretary, the DGP,
Director/Deputy Director of National Commission for
SCSTs are the members of the committee; the
Secretary, in-charge of the Welfare & Development of
the SCSTs are Convener of the committee.
The committee has to meet at least twice a
calendar year, in the month of January & July to
review162 | Dr. R. N. Howal Facing Atrocities In Independent
India
1. implementation of act/rules
2. relief & rehabilitation
3. prosecution
4. role of different officers/agencies
5. Reports received by State Government etc.
District level vigilance & monitoring
committee in each district are also supposed to be
constituted under the act, on the same lines. The
district level committee should meet at least once in
every three months. The State Government has to
forward a report to the Central Government, before 31st
March every year. It should contain information about
the measures taken for implementing provisions of the
Act. It also should contain various schemes & plans
framed by it during the previous calendar year.
Implementation of POA Act & Rules

Implementation of POA Act was not
satisfactory. In first five years, that is up to year 1994,
Special Courts for speedy trial of atrocity cases
(under section 14 of the act) were set up exclusively
only by the two states- Andhra Pradesh & Rajasthan.
Three courts by the Andhra Pradesh (Chittoor, Guntur,
& Meheboob Nagar) & Ten Courts by Rajasthan
( Alwar, Pali, Pratapgarh, Jaipur, Ajmer, Udaipur,
Jodhpur, Kota, Bikaner & Merta). In other states, the
existing Session Courts were notified as the Special
Courts, where the atrocity cases were not getting
precedence over other cases. Thus most of the States
defeated the very purpose of the Special Courts. The
India
SCST commission therefore recommended exclusive

Special Courts for the trial of Atrocity Cases. Through
Section 21 of POA Act, periodic Surveys were
expected to be taken by the State/UT governments.
Atrocity prone areas were expected to be identified.
Up to year 1994, as per the information given by the
Ministry of Welfare, only Eight States had identified
69 districts & villages in them as the atrocity-prone
areas. There were 11 districts each from Bihar &
Gujarat; 5 in Haryana; 6 each in Karnataka &
Maharashtra; 7 in Madhya Pradesh; 3 in Punjab & 20
Districts in the Uttar Pradesh, identified as the atrocity
prone areas.
Monetary relief & rehabilitation were
provided by the POA, in order to mitigate the
hardships faced by the victims & their families in case
of death, permanent incapacitation, destruction of
property etc. But this too is not distributed properly by
the States/UTs. Except a few States like Gujarat,
Karnataka, Kerala & Orissa other states had not
revised the scale of monetary relief paid to the victims
of atrocities since 1981. This clearly demonstrates the
negative attitude of the State machinery towards the
prevention of atrocities. Jammu & Kashmir, Punjab &
West Bengal had not adopted any scale of monetary
relief for victims of atrocities. During 1993-94, an
amount of 2,66,13,316 was released by the Ministry of
Welfare to the ten States & one Union Territory. No
Grant was given to Goa, Himachal Pradesh, Madhya
Pradesh, Orissa, Punjab, T. N. & Pondicherry as
India
previous years grant was not fully utilized by them. No

proposal for further grant was received from these
states. Maharashtra, Orissa, Punjab, & Tamil Nadu had
not availed any grant like previous year.
In a conference of Home Secretaries &
DGP/IGP of States & UTs (which was held on
16/12/1996) it was emphasized that the preventive
measures mentioned in the PCR & POA acts should be
enforced to create such an environment, in which
SCSTs (could) live with dignity & feel secure. Strict
vigilance & prompt actions were also recommended. It
was also stressed that the police personnel & all the
officers concerned with implementation of the law
should be properly trained. It was also recommended
that the investigation by the police officials below rank
of DySP should also be allowed legally, as the
number of DySP level officers available was too few &
the cases were too high. In many cases, the courts have
given anti-prevention decisions, just because the
investigation was done by the police officer below the
rank of DySP, which is mandated by the POA Act.
In section 4 of POA act, the officers of nonSCST category are treated to be liable for punishments
for neglect of duties. It is demanded that the SCST
officers too should be made liable for such
punishments. But looking at the general practices
carried out till today, there is a danger that, the SCST
officers will be targeted by the others, if such provision
is made. IN such situation, at first place, where we
could not safeguard the SCST victims; on the second
India
we will cause harassment of the SCST officers. Hence,

whatever provisions be done, they has to be done
keeping this thing in mind. Making the prosecution
accountable to police, especially at district level;
taking total revision of offences; involving NGOs &
Panchayats in the atrocity prevention & enabling the
special courts to take the cognizance of the atrocity
cases directly (without first putting in the session
courts as is done today), & setting up of exclusive
courts are few recommendations, made by the SCST
commission to the Ministry of welfare in this regard.
There was a sensitization workshop taken
by the SCST commission & Uttar Pradesh at
Ghaziabad on 31 august 1996. It was realized in that
workshop, that aim of the PCR & POA Act were
primarily to take preventive steps & change the
attitude of non-SCST people towards the SCST
community. The police should run immediately to the
scene of incident of atrocity for investigation & collect
first hand information. They should register the FIR
properly. They should send the case for trial to court &
should not close it. It was also realized that a large
number of cases were pending in the courts & there
was a large intake of cases every year. Therefore
setting up of special exclusive courts was realized to
be the need of the day. It was also realized that the
special courts should be enabled to take direct
cognizance of cases, as it will facilitate speedy trials.
The SCST Commission says on this as follows- The
Commission has observed that the designated Special
courts are not in position to do justice with the atrocity
India
cases, because of prolonged proceedings, lack of

interest by the witnesses & their (courts) preoccupation with other sessions. The commission had,
therefore, advocated exclusive special courts instead of
designated courts for speedy trial of the cases.
Unfortunately, the recommendation is overheard by the
government & courts too.
***
The SCST commission has noticed a new
trend of militancy & inter-caste gang rivalry in few
States. It has noticed this during its visit to Ikwara
village of Meerut district. They found that six persons
of SC community were killed by a rival gang on
January 5th 1997. In another incidence more than 50
persons including 32 SC people were killed at
Lakshmanpur-Bhate in Jahanabad district of Bihar on
Dec 1st 1997. The commission found SC community
there in pathetic & exploited conditions. It found that
the underlying causes of conflicts were1. Land disputes
2. Non-payment of minimum labor wages
3. Lack of education
4. Poor infrastructure & so on
SCST Commission was of the opinion that
these problems were needed to be addressed properly
& the hands of weaker sections were needed to be
strengthened.
The
commission
found
Lapses/shortcomings on the parts of officials. They
were later brought to notice of local administration.
Quick remedial actions were also directed in order to167 | Dr. R. N. Howal Facing Atrocities In Independent
India
1. accomplish prompt registration & investigation

of cases by the Police
2. Prompt action in filing charge sheets in courts
3. Application of proper sections of PCR/POA Act
&
4. Immediate arrest of accused etc.
5. prompt rehabilitation of the victims.
***
There are few observations made &
instructions put forth repeatedly by the SCST
commission. They are1. Half hearted efforts are taken by States/UTs to
prevent atrocities. They should be whole
hearted.
2. Action has to be taken under POA Act & Rules
exclusively.
3. Proper implementation of acts & rules should
be done.
4. Existing Session courts are already overburdened. Therefore, exclusive special courts
are needed for trials of atrocity cases in every
district.
5. FIRs should be promptly registered.
6. Delay in investigation should be avoided.
7. Accused should be immediately arrested.
8. Immediate legal steps should be taken by
Special Public Prosecutor.
9. Relief should be covered under section 12(4) of
POA rules, 1995.
10. States should provide relief promptly to the
victims.
India
11. Timely action & prompt investigations be done
in case of murder & rape cases, as they are

increasing in their number. Entire families of
the victims were suffering due to that.
12. Central/state governments should monitor the
implementation of acts promptly.
The commission has remarked that it was
very unfortunate that only one report was submitted by
the Ministry of welfare to the SCST commission, till
year 1998, i. e. in the period of ten years. Adequate
publicity to Acts rules is not given. Mis-information is
found in increasing volume. States were not submitting
the action taken reports to the SCST commission. They
were not informing SCST commission regarding major
incidences of atrocities.
***
It is expected that the central government
should take review of legal assistance, give proper
directions & evaluate the scale of the relief given to the
SCST victims. Public prosecutors be selected with due
care. Their performance should be evaluated regularly.
It should be assured that the people selected for work
related to atrocities, are doing the same work. Central
government should direct the states to establish special
courts, where they are not yet established & should
keep an eye on their working. It should also direct
them to take regular meetings of the monitoring
committees. States should also be directed to evaluate
the working of their machinery related to atrocity
prevention. Identification of Atrocity Prone Areas be
India
done immediately. Instead of providing figures in the

reports, those may be analyzed by the states. Center
should critically evaluate the schemes regarding
stoppage of manual scavenging, should promote intercaste marriages, involve Panchayats & NGOs in
atrocity prevention, Use Radio & Television for
creating awareness in the people regarding this matter.
It is also expected that time bound action
plan should be prepared to provide the basic facilities
like water supply, electricity, sanitation at par with
other sections of society, so as to improve the
economic condition of the SCSTs. Employment in
villages be created for them. Though the commission
is seen to be concerned with the issue of economic
conditions, it actually is concerned with their hardships
& degraded social status, because of which, they had
to face atrocities. The absence of common & general
facilities along with the miserable economic, social,
educational, political conditions gives the SCSTs a
lowest status in the eyes of the powerful castes. This
creates an impression in the minds of the powerful,
that they can do anything with the SCST communities.
The caste atrocities are directly connected with their
miserable conditions.
In the report for year 2004-05, the SC
commission had to recommend the Central & State
government to sensitize the Police officials about the
provisions of the act & encourage them for
implementation of it. This throws light on the fact that,
in the 50 years of implementation PCR Act & in the 16
India
years of implementation of POA Act, the police

officials were not sufficiently sensitized regarding the
implementation of atrocity act. This is a very painful
picture seen till today. The rate of acquittal of cases in
the courts was found to be too high in year 2004-05
too. Conviction rate was too low. Rate of Pendency of
atrocity cases was too high. The level of awareness is
too low. There were States, who do not used to pay
compensation to the victims of atrocities, even though
cases were registered under PCR & POA Act.
Almost all of these things were repeatedly
pointed out first by all the commissioners for SCSTs &
afterwards by the National commissions for SCSTs.
Even after that, the conditions are not changing. Strong
preventive actions are not being taken by the police,
administration & the courts. All this shows great
ignorance & irresponsibility at all levels of the
responsible government in India, as far as
prevention of atrocities is concerned.
***
The hardships faced by the implementers of
the acts in general & SCST commissions in particular
are evident from the letter of Mr. Suraj Bhan, the then
Chairman of SC Commission in 2005. This letter was
sent by him, to the then President of India, Mr. A.P.J.
Abdul Kalam. In that letter,, he had pointed out that,
the first Annual report of Scheduled Castes
Commission have shown very high rate of acquittal
under PCR & POA. On the other hand, the rate of
conviction was very low. Number of Pending Cases of
India
Atrocities was very high. Financial compensation &

relief was not provided to the victims in many states.
This was became a common practice. He also had
noted that the Police officials were still needed to be
sensitized about provisions of PCR & PAA & wide
publicity in local languages was needed, as people
were not aware of the magnitudes & seriousness of
atrocities.
Mr. Suraj Bhan also had pointed out that the
prescribed percentage of funds from Annual plans of
Ministries was not properly allocated for SCSTs, by
the Central, State & UT ministries. A considerable part
of the funds given was not utilized for the purpose of
atrocity prevention. Contrarily, they were diverted to
some other sectors. This had caused a feeling of
deprivation among the SCs. The secretariat of
Commission was never been functioned with full
strength. Vacancies were shared in the ratio of 2:1 by
the newly formed (bifurcated) SC & ST Commissions.
No response was received by the concerned ministries,
for opening state offices in State Capitals of Rajasthan,
Orissa & Madhya Pradesh having SC population
17.2%, 16.5% & 15.2% respectively.
***
Up to year 2010-11, according to the Social
Justice & empowerment ministry, Special Courts were
designated by 24 out of total 28 Indian States. The four
states, where special courts were not designated wereJammu & Kashmir, Arunachal Pradesh, Mizoram &
India
Nagaland. Special Courts were designated in all 7

Union Territories (UTs). Anybody may feel that the
States have done a good job. But there is a hidden fact.
The fact is that, most of the special courts established
in these States / UTs were not exclusive special
courts. Moreover, none of the Special Courts in UTs
was an exclusive special court. Only nine states named
Andhra Pradesh, Bihar, Chhattisgarh, Gujarat,
Karnataka, Madhya Pradesh, Rajasthan, Tamil Nadu &
Uttar Pradesh had set up few exclusive special court.
Remaining 19 states & all 7 UTs totally defeated the
very purpose of Special Courts.
In these States, Special Public prosecutors
were appointed by all 28 States & all 7 UTs.
State/District level vigilance & monitoring committees
were appointed by 20 States. The defaulters included
Jammu-Kashmir & West Bengal. All 6 states from
North East except Assam & Sikkim were the
defaulters. These committees were formed by three
Union Territories named Andaman & Nicobar
Islands; Dadra & Nagar Haveli & Daman & Diu.
Nodal officers were appointed by 23 States. J & K,
Jharkhand, Arunachal Pradesh, Mizoram, & Sikkim
were the states, who had not appointed the Nodal
Officers as per the POA Act. UTs of A & N Islands &
Lakshadweep havent appointed Nodal officers. 12
Indian States have identified the atrocity prone areas,
as is required by the POA. 16 States & NONE of the
India
UTs have identified it. Andhra Pradesh, Bihar, Gujarat,

Jharkhand, Karnataka, Kerala, Madhya Pradesh,
Maharashtra & Orissa, Rajasthan, Tamil Nadu & Uttar
Pradesh were the 12 States who have identified the
atrocity-prone areas.
Seven States, namely Andhra Pradesh,
Gujarat, Jharkhand, Karnataka, Madhya Pradesh,
Orissa & Rajasthan were the 7 states who have
appointed the Special officer as per the law. Bihar,
Chhattisgarh, Jharkhand & Madhya Pradesh were the
four states who have created Special Police Stations
to fight the atrocities. NONE of the UTs have
identified atrocity prone areas. NONE of them have
appointed the special officer & NONE of them have
created Special Police Stations. Thus, after 55 years of
implementation of PCR Act & after 20 years of
implementation of POA Act we can see a picture
where full implementation of the atrocity preventive
laws was not achieved by the Indian States.
***

(Prevention of Atrocities) Act, 2015.
POA(Amendment)Act, 2015 received ascent of
Indian President, as per procedure, on December 31st,
2015. It made applicable all over India, except the
State of Jammu & Kashmir from January 26 th 2016.
This act had added few new definitions of dependents,
economic boycott, Exclusive Special Courts, forest
India
rights, manual Scavengers, public Servants etc. In the

act of 1989, there were total 22 acts of atrocities as
defined by the law. This law redefined those acts of
atrocities in better words & separated few of them. It
also added few new acts of atrocities totaling the
number to over thirty.
Putting inedible or obnoxious substance into the
mouth; garlanding with footwear; forcible tonsuring of
head or removing moustaches; forcing to dispose or
carry human or animal carcasses or forcing to dig
grave; disrespect any late person of high esteem;
intentionally touching woman or showing gestures of
sexual nature are few of them. The extent of
punishment from six months to five years is kept as it
is. Few other acts like obstructing or preventing the
use of- common burial grounds, river, spring, well,
tank, watering place; use of bicycle or motor cycle;
wearing footwear or new clothes; taking out wedding
procession; mounting a horse; obstructing entry to
temples; education institutions; hospitals etc. are added
to the acts of atrocities. Few of these were already
included in the fundamental rights of Indian citizens
by the Indian Constitution & few were included by
PCR. Denial of them is now brought under the acts of
atrocities, thereby implicating severe punishments.

India
Section 5 of the amended act introduces duties

of public servants. Violation of these directions by the
public servant can initiate penal proceedings against it.
These duties are as follows1. To read out the information written in FIR
2. Register the case under proper act & proper
sections
3. Furnish copy of FIR free of cost to the victims
4. To record the statement of victim or witnesses
5. File charge sheet into the court within two
months
6. Correctly prepare, frame or translate any
document or electronic record;
The law also had amended section 14 of POA
Act of 1989. Now the State government in concern to
the Chief Justice of high court has to establish
Exclusive Special Court & Special Public Prosecutor
for Special Court for specific districts. It may specify
session court as Special Court, where fewer cases are
recorded under this act. There is one more important
provision made by this law. Earlier, due to the decision
of Supreme Court, the Special Courts were not enabled
to take the cognizance of atrocity cases directly. Now,
the act has provided that the Special courts, may they
be exclusive or specified, can directly take cognizance
of offences under this act. Section 9 of the amended
act inserts few new provisions by introducing section
14A. It provides that the person aggrieved by the
India
decision of Special court can appeal to the high court,

within ninety days of the declaration of decision. Court
may accept such appeal up to one hundred & eighty
days, for valid reasons.
The amended POA Act adds one new chapter
IVA, with a heading Rights of victims & witnesses.
Duty of State to protect the victims, their dependents;
witnesses; fair treatment; reasonable, accurate &
timely notice of Court proceedings; right of
summoning the parties for producing documents or
materials; Right to be heard in respect of bail,
discharge, release, parole, conviction or arguments;
right to file written submission on conviction, acquittal
or sentencing etc. are defined as the rights of victims &
witnesses.
***

(Prevention of Atrocities) Rules, 2016.
The POA rules 2016 were enacted since
April 14, 2016. These amended the POA rules of 1995.
By section 3, new rules have directed that State
Government that they will prepare a panel of eminent
senior advocates (in consultation with District
Magistrate) for conducting cases in Special Courts. In
consultation with the Director (prosecution), it will
also specify a panel of Public Prosecutors. Both the
India
panels will be notified in the official Gazette of the

State & will remain in position for three years. The
rules also have provided that the District Magistrate &
in-charge of prosecution will review the position of
cases & implementation of rights of victims &
witnesses & submit a monthly report to the State
Government & Director of prosecution. The rules
provide that the report shall specify the action taken/to
be taken regarding the investigation & prosecution.
The new rules also have provided that the
process of investigation & filing of charge-sheet in the
court should be completed within sixty days. The
delay, if any should be explained in writing. The
secretaries of Home & SCST welfare department,
Director of prosecution, district in-charge of
prosecution, DGP etc. have to review the position of
all investigations done by the investigation officer. By
rule no. 8, it is provided that the relief in cash or kind
or both has to be provided by the SM/SD/executive
Magistrate within seven days of the occurrence of
atrocity. This relief may include food, water, clothing,
shelter, medical; aid, transport facilities stc.
The State government is mandated to make provisions
of annual budget for this. It is also asked to review the
India
performance of Special Public Prosecutors at least

twice in (July & January) every calendar year.
Old rules have directed the State
Government to prepare a contingency plan for
implementing the provisions of the act. New rules ask
the State government to frame & implement a plan to
effectively implement the provisions of the act. This
shows how non-cooperation could have been displayed
by the State governments in implementing the law,
were the word prepare a plan for implementing are
not sufficient & the framers of the law had to revise
the words like frame & implement a plan to
effectively implement the law. By section 15(11), the
new rules have asked the State Governments to (design
&) include a scheme of rights & entitlements of
victims & witnesses in accessing justice.
A high power State level vigilance &
monitoring Committee is kept as it is with 25
members, with minor modification in the wording, to
suit the new rules of 2016 & new act of 2015. An
annexure to the rules provides norms for relief amount.
In the acts of putting an inedible or obnoxious
substance in mouth, dumping excreta & other material,
garlanding with footwear, removing clothes etc. the
India
State government will provide a cash relief of One

Lakh rupees to the victim. In case of wrongful
occupation, dispossession etc. restoration of land at
government cost & relief of one Lakh will be
provided. Forcing to Beggar or carrying carcasses, dig
graves etc. will give One Lakh rupees. Monitory
reliefs with minor variations in three states are thus
provided by these rules in three stages of the atrocity
handling mechanism. In general, 25% relief given
after registration of FIR, 50% after filing of chargesheet & remaining 25% will be given after conviction
by the lower court.
More cash relief is provided by the
government to the women in cases of intentional
physical touch, bad gestures or actions etc. They range
around Rupees two Lakh. The persons who had to face
acid attacks, face or body burning etc. will be given
still more relief & treatment at government cost. Few
other serious crimes will give a relief of four to eight
Lakh rupees to the victims. Though relief in the form
of money is accepted, it should not mean that it will be
sufficient. The honesty, self-respect etc. of the persons
should have to be maintained while giving such
monitory reliefs by the governments.
India
Response of the Administration
The role of Civil Administration is of very

important in preventing the atrocities. But the
implementation of the law is concentrated in the hands
of the officers most of them come from high caste
people. Most of them seem to be influenced by their
own caste identity. Therefore less hope is remained, as
far as effective implementation of the law is
concerned. The apathy and bias against the scheduled
castes & tribes is not confined to the police personnel
alone. It extends to other agencies of the Government
and the District level Civil Administration.
The Civil Administrators, under the POA
rules, are supposed to visit the place of occurrence of
atrocity & conduct inquiry (as per rule no. 61), for
assessing the loss of life, damage of property & enlist
all of the persons who are entitled for relief. They are
also made responsible for providing relief,
compensation and rehabilitation as per the norms
mentioned (in rule 15) & for preparing a model
Contingency Plan consisting of a package of measures
for it. But it is observed by the government agencies,
that the administration does not conduct inquiry &
evade their duty to give relief and compensation. They
make false promises about giving compensation to the
India
victims & make delay in distributing cash

compensation. They do not provide different
allowances & expenses (travel allowance, daily
allowance, maintenance expenses & medical expenses
etc.) to the victims/witnesses, which are payable to
them for attending the trial and investigations, as per
the rules.
It is also observed that the administrators
ignore social boycott of victim groups, which leads to
denial of- employment, access to basic necessities (like
ration shops), refusal to buy/sell goods etc. This indeed
pressurizes the SCST people into submission. This
ignorance also causes intense suffering to the SCST
groups, though no physical violence may take place.
The attitude of District Administration in such
situations usually ranges from indifference to
negligence. The State & District level Monitoring and
Vigilance Committees though constituted do not meet
at time. Even when they meet, there is rarely found any
attempt to interact with activists, human rights groups
& NGOs etc. which are working with or working for
oppressed groups. The meetings are not announced in
advance or no proper intimation is given to members.
The reports prepared by implementing agencies
quarterly, monthly and biennial, are not made available
India
to concerned, who can comment upon the conduct of

delivery agencies.
The administration is not found to be
serious about the custodial deaths too. The South Asia
Human Rights Documentation Center in its report
regarding this, for year 2001 says, Magistrates often
provide a shield for police excesses by either failing to
conduct a thorough inquiry into the incident or
producing a report or declaring a decision that
deliberately covers up abuses by police officials.
Sometimes Executive Magistrates or Revenue officials
are assigned the responsibility of inquiring into
custodial deaths. They produce a report which denies
police involvement & defends police version due to
their institutional affiliation with the Executive wing of
the Government.
***
Mr. K.B. Saxena, a retired justice has

submitted his report to NHRC regarding the atrocities
against SCs. The report was published in 2004. He
reveals in his report, A large number of documents &
reports prepared by various Human Rights
organizations, inquiry commissions, open hearings,
research bodies and investigative teams have
highlighted the acts of omissions & commissions of
India
law enforcement agencies in respect of cases of

atrocities and how the victims of atrocities have failed
to get any justice. It is extremely sad that despite
availability of this well researched material no
initiative has been taken to pursue the matter.... He
also points out that most of the case reports become
older than one year by the time some attention of
National bodies is drawn towards them.
The NHRC is debarred by law from
looking into such cases, if they became older than one
year, before they reach to the commission. This
happens as an effect of the provision of Section 36(2)
of the Protection of Human Rights Act, 1993. The
section says that The Commission shall not inquire
into any matter after the expiry of one year from the
date on which alleged human rights violation has been
committed. Looking at this situation, Mr. Saxena have
urged for some mechanism to take cognizance of the
investigative & researched material brought out by non
official agencies. He says that it is extremely sad that,
even after producing enormous investigative material
by Human Rights organizations, no action is taken
against the guilty officials in atrocity cases & no any
relief is provided to the victims. This has shaken the
India
faith of the victims of atrocity in the law & law

implementing agencies.
In view of this, in order to restore the faith
of the suffering groups in the impartiality & fairness of
the legal system, we should introduce some
mechanism, which should
1. Take cognizance of the investigative &
researched material brought out by non official
agencies
2. Fix the responsibility for omissions &
commissions followed by punitive actions
3. Provide compensation to victims in time
4. Issue directions regarding corrective measures
to avoid the repeated incidents
The delays in investigation, collusion with
offenders and manipulation of witnesses and evidence,
have allegedly become the common things
everywhere. In almost all the States, the meetings of
State level Vigilance & Monitoring Committees are
not held regularly. The States do not take much interest
in identifying atrocity prone areas. The states have
access to district based crime figures & other reports
generated by their own field machinery. They can map
out the atrocity prone areas in order to avoid the
extreme situations. But they dont take it more
seriously. All this totally disrupts the important
India
mechanism for ensuring proper implementation of the

laws aimed at atrocity prevention.
***

India
Chapter V
Atrocity & Atrocity Prevention
Types of Atrocities
Volume of Atrocities
Case Disposal By Police
Disposal of Cases by Courts
Role of Administration
Observations of the National Commissions
------------------------------------------------------------------------------
As far as the provisions in the Indian Constitution

& Laws/rules framed thereafter are concerned, one
should be quiet satisfied with the law makers, except
one thing. Where language used in Indian constitution
is quiet simple so as to be understood & grasped by
common public, the same used in laws & rules is not
that simple. The manner & method in which the
provisions are made in the laws & rules are quiet
complicated & are difficult to understand, grasp &
remember. It makes the work of the implementers &
activists quiet difficult. Second important thing that
should be mentioned is that, there are a number of
rules & laws in existence at a time. It increases the
number of committees created, reports generated etc. It
naturally affects or unnecessarily increases the work of
vigilance & monitoring wing, thereby contributing in
the overall failure of the preventive machinery. There
should be single foolproof law & single foolproof set
of rules, present for the cause of atrocity prevention.
India
There is one more thing that needs careful

attention. The method we use today for publishing the
amended laws & rules in the Gazette or anywhere else
is not that good. What we do is, we publish amended
law or rules & mention in it few provisions in the
words as follows- the words xxxx xxxx in article a
(iv) in the principle act/rules are now replaced by
yyyy yyyy In such situation, in order to
understand the new provision properly the reader has
to go to the old law & read it from the old text, connect
it with the new one & then only he can understand
what the provision is all about & what it is saying now.
We should therefore, as far as possible, prepare a
single full-proof document of new rules/act , so that
the reader of that (may he be the lawyer, judge,
activist, minister, researcher or anybody else) could
understand/ grasp it, remember it & can make use of it,
more easily. This is applicable for all laws/rules.
Types of Atrocities
The National SCST commissions & other
commissions like NCRB (National Crime Records
Bureau) bifurcate the crimes/atrocities that are
committed against the SCST people in five major
categories. They are Murder, Hurt, Rape, Arson &
Other. While Other types of crime constitute the
major part as far as number is concerned, first four are
more serious crimes. Most of the other crimes are
enlisted by the laws of 1989 & 1995.
India
There are a number of crimes,that could not

have been enlisted in the types of atrocities. As per the
social traditions, the SCST people were forced to live
outside the entrance of village or city. Though few of
them today live in the mixed localities, most of them
are living in the separate societies, where proper
services are not provided by the local governments.
This is a simple continuation of the atrocity, which is
not yet covered by the atrocity act. Most of the SCST
people today live either in Cuccha house or in the
slums in the cities. In the villages, they live in a far
away locality, where no proper roads, light, water
facilities are provided by the local Gram Panchayats or
Municipalities. All difficulties & atrocities coming
because of the poor position has become the fate of the
SCST community in India.
Killing with sticks, stones & axes has become a
common practice. Every year, around seven to eight
hundred people are killed in this way, all over India.
Reasons could be anything that may not be covered by
law. Similar is a fact about personal attacks, insults etc.
Women are raped without fear of the law & order
machinery. Everyday around three women had to face
such type of atrocity. Burning of house or other
property is another type of atrocity committed against
the SCST people. At least one house of some SCST
person is burnt every day, at an average in India today.
Other types of atrocities generally committed are as
follows- forcefully pouring or putting some dirty thing
in the mouth, painting face or body, removing clothes
India
publically & parading naked, sending cattle in the

crop, ousting from residential or farming land, not
allow to vote, not allow to use burial grounds, not
allowing to hoist flag, not allowing to sit on horse,
bicycle or motor cycle, not allowing to use ornaments
or new clothes & so on.
Volume of Atrocities
Table 1:
Atrocities Committed against SCST people between 1991 to 2010.
SrNo Year Murder Hurt Rape Arson
Other
Total
1
1991
756
2026
1118
672
17852
22,424
2
1992
865
1904 1266
650
33675
38,360
3
1993
740
2022 1422
735
31837
36,756
4
1994
692
2213 1614
811
36924
42,271
5
1995
771
2386
1611
788
35356
40,912
6
1996
637
5279 1263
515
28719
36,413
7
1997
598
3550 1317
413
25254
31,132
8
1998
582
4447 1254
384
23247
29,914
9
1999
586
3887 1384
380
23306
29,543
10
2000
538
3710 1425
290
21736
27,700
Total(10yrs):
6,765 31,424 13,674
5,638 2,77,906 3,35,425
1
2001
930
5303 1889
462
33134
39,718
2
2002
928
5279 1928
380
31766
40,281
3
2003
766
4759 1640
242
24734
32,141
4
2004
810
4591 1723
244
25054
32,422
5
2005
833
4614 1812
248
24333
31,840
6
2006
868
4598 1916
274
25205
32,861
7
2007
814
4669 1976
292
27812
35,563
8
2008
754
5089 2042
274
31038
39,197
9
2009
742
5197 1929
224
30927
39,019
10
2010
712
5317 2003
189
30376
38,597
Total (10yrs):
8,157 49,416 18,858
2,829 2,84,379 3,61,639
Total (20yrs)
14,922 80,840 32,532
8,467 5,62,285 6,97,064
Volume of atrocities is a matter of worry for

every honest Indian. Every year at an average 40,000
to 45,000 people become a prey of caste atrocity in
India. Take an example of number of atrocities
India
committed between 1991 and 2010. These are

authorized figures, given by the government agencies.
The table below presents a pictureThe table shows that round about 15,000
murders of SCST people are done in the caste conflicts
in India in twenty years. It gives an average of 750
murders every year. India has become independent in
1947. About seventy years have been completed to it.
If we calculate with this average, we can say that about
52,500 SCST people have been killed in the caste
conflict in India, in the last seventy years. We can say
that a mini world-war has been fought in India, in this
period. Total 80840 serious hurts have been caused in
twenty years. It gives an average of 4042 hurts every
year. If we calculate with this average, we can say that
about 2, 83,000 SCST people have been beaten
seriously in India, in last seventy years.
The table shows that 32,532 SCST women have
been raped by the people of non-SCST category in
twenty years. This gives an average of 1627 rapes
every year. . If we calculate with this average, we can
say that about 1,14,000 SCST women have been raped
by the non-SCST people in India, in last seventy years.
8,467 houses or properties are burnt in India in above
twenty years, at an average of 323 arsons every year. If
we calculate with this average, we can say that about
22, 635 houses or properties of SCST people have
been burnt by non-SCST people in India. Total
6,97,064 atrocities committed in twenty years shows
India
that an average 34,853 crimes are committed against

the SCST people in the above twenty years. If we
calculate with this average, we can say that about 24,
40,000 atrocities against SCST people have been
committed by the non-SCST people in the last
seventy years of Indian independence.
Case Disposal By PoliceThe investigation of cases dealt with by

Police shows huge number of pendencys. It is noted
by government committees that even in respect of
heinous crimes the police machinery in many States
has been deliberately avoiding SCST (Prevention of
Atrocities)Act 1989 & registering the cases under IPC.
Though there is sharp increase in registering cases
under PCR & POA, the small percentage itself shows
reluctance of police personnel in registering the cases
under the preventive laws.
Table 2:
Bifurcation of Cases Registered at Police Stations

Sr.
No.
Duration
Atrocity Cases Registered

Cases Under PCR/POA
1991-2000
3,15,881
2001-2010
3,62,399
Total
(20 years)
6,78,280
96,171
(30.44%)
1, 18,232
(32.62%)
2, 14,403
(31.60%)
Cases Not
Registered
Under
PCR/POA
2, 19,710
(69.56%)
2, 44,167
(67.38%)
4, 63,877
(68.60%)
Out of total 2,14,403 cases registered under

preventive laws, 1, 92,602 cases (i.e. 28.39% of total
India
cases) were registered under POA Act of 1989. Other

21, 801 cases (i.e. 3.21% of total cases) were
registered under PCR Act of 1955. All remaining
cases, that means, about 70% of the cases were
registered under IPC. This is one more hurdle found in
the way of atrocity prevention. Most of the researchers
have said that the cases are registered under IPC
instead of atrocity prevention laws in order to escape
stringent punishments. Role of police personnel is seen
with doubt in this situation.
***
Atrocities committed by Police machinery
is one very serious issue that needs some attention. It is
seen that the Police machinery responds very
negatively even in extremely serious cases. It is
protective towards the fellow Police-men & do not
entertain the cases of atrocities committed by the
Police. In some instances, it is found that the police do
not register the cases of beating the SCST persons. We
can take an example of Mr. Dilip Shendge, who was
killed on 13th May, 2003 in Bhutegaon village by few
people named Bhutekar. Two years before this
incidence, Mr. Eknath Shendge (age 45 years), was
beaten by few Bhutekars. It is noted by the visiting
committee that, this matter was not registered in the
police station for unknown reasons.
A number of such incidences show that the
police personnel are reluctant in registering the cases,
sometimes for unknown reasons. In case of killing of
Mr. Dadarao Dongare at Sona-Khota village, the case
India
was launched against 60 culprits. But according to the

report, only 13 were arrested, 10 were shown
absconding and others were moving fearlessly all
over the village. When the fact finding team asked the
policemen about the remaining 37 people, the police
couldnt give any answer. We can see in many in many
such incidences that a series of conflicts in the villages
have been occurred before such serious crimes.
Wherever they are neglected by the police personnel &
other agencies, these have later taken form of serious
atrocities. In light of this, there is no alternative to say
that the role of police personnel in such cases is a
matter of worry.
In many cases, the police are found to have
friendly relations with the oppressors, who come from
rich & powerful caste groups in the villages. Many
police personnel are found to have inimical mindset
with respect to the SCSTs. At few places, they
themselves are found to be weak enough to handle the
Political pressure coming from the rich oppressors. At
few places the crime registers in the police stations
are not maintained & preserved properly by the police.
They sometimes refuse to register the cases &
sometimes keep some loopholes in the cases out of
ignorance or fear of powerful groups or out of some
personal intention. Chaturwadi case in Ambejogai
Tehsil of Beed District is a proof of this, where
the houses of poor SCST people were burnt by the
oppressors in the village. Here, the case was registered
by the police only after one activist name Mr. Nagnath
Kamble sat on hunger strike till death.
India
The Committee for the protection of

Democratic Rights consisting of few activists &
intellectuals which found above facts about the
atrocities in Marathwada region of Maharashtra State,
also found that in a Tehsil named Ghansavangi, only
36 police were posted for the 95 villages. There was
only one lady constable, who was appointed for that
police station. It is also reported that, when the
committee members requested the constable to show
the FIR register, he could not find it in the Police
Station. These are few proofs of careless working by
few police personnel in atrocity cases. It is also
reported that sometimes police remain silent spectators
of the incidences. Such facts could be confirmed with
the cases like that happened in Naupada District of
Orissa. Here the District Collector Mr. Vishnupad
Sethi was beaten by the Chief of Zilla Parishad (named
H. K. Bagarti), in the presence of police personnel.
Even after doing this, he managed to receive bail from
court, before his arrest by the police.
Few incidences are reported to have
occurred because of the failure of police in taking a
timely preventive action. One incident of Arson
committed in Chintamani District is an example of it.
Certainly there are few cases of positive police action
like that of the case of Adoli village in Alwar district of
Rajasthan. Here police provided protection to a
marriage ceremony & helped it to be carried out. This
was happened in year 2000, where the villagers were
not allowing a SC bridegroom to sit on the horse back,
India
during the marriage function. Such cases, however are

very rare.
***
We now take a look at the disposal of
atrocity cases by the police. Take an example of year
2000. Here, total 30,315 new cases of atrocity were
registered in the police Stations all over India. Adding
the brought forward cases (of previous years) gives us
a figure of 36,971. Out of these 36,971 cases
8,336(22.55%) cases were closed after investigation
& 19,608(53.03%) cases were charge-sheeted by the
police in the courts. Total 9,027(24.42%) cases were
pending in the Police station at the end of that year.
This shows that only half of the cases were
investigated by the police in one year. One fourth of
the cases were closed by them after investigation &
another one fourth were kept pending.
We now see a State-wise analysis of
atrocity-prone States in same period. As per the
numbers, Uttar Pradesh was the State with highest
number of cases registered in the police Stations. It
was also the State with highest charge-sheeted cases.
But the percentage wise analysis gives us
Chhattisgarh, as a State with highest (761 out of 933
i.e. 81.56%) cases charge-sheeted in courts. This
example shows that, the best performing State too,
keeps about 20% cases in pending state, at the end of
year. The States like Rajasthan havent hesitated to
close 54.07% of the cases in a year. In the top 15
States where highest number of cases was present in
India
the Police Station, only one State, namely Uttaranchal

was the State with zero pending cases. It had disposed
off all 131 cases, which were present in the police
Stations of that State.
***
What was the picture after ten more years?

We can see that in 2010, in case of atrocities
committed against SC people, police have completed
investigation of 31,797 cases (72%) out of total 44,160
cases present before them. This position is somewhat
better than year 2000, where investigation of 53.03%
of the total cases was completed. 22,139(50.13%)
cases were charge-sheeted in courts; whereas
12,253(27.77%) cases were kept pending, at the end of
year 2010. Here, percentage of the pending cases was
decreased by two percent, but still around one fourth
of the cases were kept pending at the end of the year.
No doubt this is matter of worry. There were total 11
States out of 28 in India, where more than 1,000
atrocity cases were present with police. In case of
atrocities committed against ST population,
investigation of 5,761(75.58%) cases was completed &
24.13 % of cases were kept pending by the police. This
gives that in general, one fourth of the cases remain
pending with police, at the end of every year.
***
There is a general pattern of negative

response shown by the police as follows1. Not registering the cases
2. Pressurizing the victim & complainant to seek
compromise
India
3. Foisting of false cases against victims

4. Refusing to register cases under PAA Act
5. Not citing proper Sections of the POA Act so as
to dilute the seriousness of the offense
6. Registering FIR but not arresting the accused
7. Shielding public servants/local political leaders
from arrest
8. Conducting investigation by an officer of lower
rank & DySP simply putting his signature
9. Delay in investi. & filing of Charge-Sheets
10. Granting of bail despite stringent provisions
11. Registering cases under PCR instead of POA.
12. Requiring explicit mention of abuse by caste
name for all atrocities.
Table 3 : Case Disposal By Police(yr 2000, top 5 States)
Sr.
No.
State
Regi.
With
Police
Closed
Chargesheete
d
Pending
UP
8462
9476
1594
5609
2273
(16.82%)
(59.19%)
(23.99%)
4159
3057
476
(54.07%)
(39.74%)
(06.19%)
205
3516
900
(04.43%)
(76.07%)
(19.50%)
883
1429
554
(30.80%)
(49.86%)
(19.34%)
Rsthan
Mp
Andhra
6679
4122
2711
7692
4621
2866

India
Gujarat
1699
2098
109
126
728
(05.19%)
(60.10%)
(34.71%)
***
Disposal of Cases by Courts

As can be seen in the Table no. 3, in year
2000, total 1, 43,505 cases of atrocities committed
against SCST people were lying in queue in the Indian
Courts. Surprisingly, a huge 1, 32,268 (92.17%) of the
cases were kept pending by the courts, at the end of
that year. Only 11,237 cases were decided. Out of
them, 9,996 cases were ended in acquittal & only
1,241 cases were ended in conviction. This gives that
out of 1, 43,505 cases, only in 1,241(0.865%) cases,
the culprits were given some punishment. This is a
very disappointing performance shown by the Indian
Judiciary, as far as the disposal of atrocity cases is
concerned. Responsible government bodies like the
Ministry of Social Justice & Empowerment have
expressed concern over these low rates of conviction
saying that the rate of conviction is very
disappointing.
Table 4: Case Disposal in the Courts
Sr. Year Cases
No
Before
.
Courts
1
2
2000 1,43,50
5
2010 1,28,00
7
Cases Decided
Acquittal
9,996 (6.96%)
Conviction
1,241 (0.865%)
17,119(13.37%
)
8,672(6.77% )
Cases
Pending at
the Year End
Total
11,237
(7.83%)
26,756
(20.90%)
1, 32,268
(92.17%)
1, 01,251
(79.10%)

India
In year 2000, there were seven States out of

28 , where the percentage of pending cases was above
90%. These were Uttar Pradesh, Gujarat, Maharashtra,
Orissa, Kerala, Chhattisgarh & West Bengal. Two of
these seven States, namely Gujarat & West Bengal had
kept all 100% cases pending at the end of that year.
There were two other States (other than above seven),
whos number of pending cases was just below 90%.
These two States were Karnataka & Tamil Nadu.
These States had kept 89.47% & 89.72% cases
pending in their courts. This shows that there were
nine Indian States (one third of the total States), which
had kept about 90% cases in pending status, at the end
of the year.
Table 5: Top five States with highest cases in Courts in
year 2000
Sr.
No.
State /UT
cases
in
courts
incl.
B/F in
2000
Case ended
in
conviction
(crime
proved)
Cases Ended
in acquittal
Cases Pending
In Courts at the
end of 2000
(crime not
proved)
Uttar Pr.
77354
526(0.67%)
2599(3.35%)
74229(95.96%)
Gujarat
13293
0 (0%)
13293(100.00%)
Madhya pr.
9711
239(2.46%)
1043 (10.74%)
8429(86.79%)
Maharashtra
9067
22(0.24%)
827(9.12%)
8218(90.63%)
Rajasthan
8233
293(3.55%)
2109(25.61%)
5831(70.82%)

India
Uttar Pradesh was the topmost State

number-wise with 77,354 atrocity cases present before
their courts. Gujarat was the second with 13,292 cases.
Uttar Pradesh accounted 53.90% of the cases &
Gujarat accounted 9.26 % of the total atrocity cases in
India. In conviction rate, Rajasthan was the topmost
State, if percentage-wise convictions are considered. It
had recorded highest 4.79% conviction rate. Haryana
was second with 4.34% conviction rate & Rajasthan
was third with rate 3.55%. Madhya Pradesh was the
fourth with 2.46% conviction rate. Number-wise
Rajasthan is the topmost State with 526 pending cases,
but its percentage is just 0.67%. Here, Uttar Pradesh is
again topping in the Pending Cases, with
74229(95.96%) pending cases. Regarding acquittal,
6.96% of the total cases, i.e. 9,996 cases out of 1,
43,505 cases, were ended in acquittal all over India at
the end of year 2000.
In year 2010 too, a huge 1, 28,007 atrocity
cases were waiting for their disposal in the courts all
over India. Out of them 1, 07,758 (84.18%) cases were
of atrocities committed against the SC people.
Remaining 20,249 (15.82%) were the cases of
atrocities committed against the STs. At the end of year
2010, total 84,855 cases of atrocities committed
against SCs & 16,396 cases of atrocities committed
against STs were pending in the courts. This means
that at the end of year 2010, too, a huge 1,01,251
(79.10%) of the atrocity cases were pending before the
Indian courts. Though this situation too is worst, it is
somewhat better than year 2000, where 1,32,268
India
(92.17%) of the total cases were pending in the courts.

The performance of the Indian Courts, in atrocity
prevention cases, thus, is not at all encouraging.
There were few legal problems too,
which were coming in between, in the path of atrocity
prevention. The Supreme Court in case of Gangula
Ashok & others v/s State of Andhra Pradesh, had
ruled that the atrocity cases couldnt be placed directly
in front of the Special Courts. These were first
presented before the session judge & only after his
recommendation these cases were presented before the
Special Court. This difficulty is now overcome by the
new rules & act, which has come in effect from year
2016. The Special Courts established as per the PCR &
POA Acts in most of the States were designated
Courts. They were not set up exclusively for atrocity
cases. These courts were already overloaded.
Therefore the atrocity cases were not getting priority
over other cases in these courts & therefore, defeating
the very purpose of Special Courts. This problem too,
is solved up to some extent by the new law, by
providing exclusive special courts, for the areas where
sufficient atrocity cases are charge-sheeted.
Table 6: Top 11 States (% wise) having highest pending cases in
Courts in year 2000
Sr. No.
State/UT
Pending Cases
Total Cases
Percentage
Gujarat
13293
13293
100%
West Bengal
50
50
100%

India
D & N Haveli
100%
Assam
100%
Pondicherry
100%
Punjab
34
35
(97.14%)
Orissa
5993
6244
(95.98%)
Uttar Pradesh
74229
77354
(95.96%)
Chhattisgarh
1294
1398
(92.56%)
10
Kerala
1835
1998
(91.84%)
11
Maharashtra
8218
9067
(90.63%)
***
Role of Administration
The apathy & bias with respect to the SCST
which is seen in Police & other departments, is seen in
the Administration too. People in administration do not
carry out the procedures aimed at atrocity prevention,
with full devotion. As per the act & rules, they are
expected to visit places of atrocities & assess the
position; help victims & send proper reports to the
Government & perform related duties. But it is seen in
number of cases, that the administration in many cases
does not conduct inquiry & run away from their duty
to give relief & compensation. The officers make false
promises about giving compensation to the victims.
They make delay in distributing cash compensation.
India
They do not provide different allowances & expenses

like travel allowance, daily allowance, maintenance
expenses,
medical
expenses
etc.
to
the
victims/witnesses, which are payable to them.
The administrative officers also ignore the
social boycott of SCST groups, which causes intense
suffering to the SCST. The attitude of District
Administration in such situations ranges from
indifference to negligence. The State & District level
Monitoring & Vigilance Committees, wherever
constituted, do not meet at time. Even where they
meet, there is rarely found any attempt to interact with
the social activists, human right groups & NGOs
which are working with & for oppressed groups. The
meetings are not announced in advance or no proper
intimation is given to members of the committees. The
reports prepared by implementing agencies quarterly,
monthly & biennial are not made available to
concerned authorities, who can comment upon the
conduct of the delivery agencies.
The administration is not seen much serious
about the custodial deaths. The magistrates are found
to provide a shield for police excesses. They either fail
to conduct a thorough inquiry of the incident or hide
the abuses by police officials. Many times during
inquiry of custodial deaths, the Executive Magistrates
or Revenue officials produce a report which denies
police involvement. They generally defend the police
version of incident. The State didnt take much interest
India
in identifying atrocity prone areas. The States are not

found regular & sincere in sending the data about
atrocities to the central agencies. Discrepancies have
been noticed in the submitted data related to disposal
of cases by police & courts during every year. At many
places, overlapping of heads & sub-heads has been
occurred in the data regarding the number of cases.
***
A case like that of the murder of youth in
Bhutegaon village reveals the ignorance &
irresponsibility of the administration towards the SCST
population. The murder had taken place on the issue of
filling water on the hand pump. Due to the shortage of
water in the village, 12 hand-pumps were erected by
the local government in that village. Out of them,
NONE was erected in the residential area of the SCs.
The SC people had to go to the distant hand pump,
near the residential area of non-SCST people. Conflicts
on water was became the everyday matter there. One
of such conflicts was resulted in the murder of Mr.
Dilip Shendge in Bhutegaon. This is a proof of the bias
& overall negligence on the part of administration. If it
had erected the hand-pumps properly at proper places
covering all population without leaving SCs helpless,
this incident couldnt have happened.
After the careful study of the atrocity cases
& implementation of the constitutional provisions, law
& rules, it become clear that those who dont want to
punish the culprits succeeds in finding a way to escape
from the punishment. Once they escaped, they may
India
recollect over-confidence, to crush law under their

feet. Higher officers & politicians representing to the
hierarchical high caste society are found to be
responsible for not implementing the constitutional
provisions of atrocity prevention, for one or other
reason. This is the only conclusion that can be drawn
on the basis of the output achieved in so many years.
***
The review of implementation of PCR act, up
to year 2010 shows that as per the PCR act State &
district level committees were not formed by 8 States
& 4 Union Territories. This shows that more than one
third States & almost half of the UTs were reluctant in
implementing the PCR act. Special Courts were not set
up by 23 States & 5 Union Territories. This shows that
82% of the States were reluctant in appointing in
Special Courts. Special Police Stations were not
established by 24 States & 7 Union Territories. 85% of
the Indian States were reluctant in appointing in
establishing Special Police Stations. Not a single UT
was ready to establish it.
The review of implementation of POA act, up
to year 2010 shows that Special Courts were not set up
by 4 States, as required by the POA. Exclusive Special
Courts were not set up by 19 States & all 7 Union
Territories. This shows that 67% of the States were not
ready to establish exclusive Special Courts under POA
Act in 2010. The State & District level committees
were not formed by 8 States & 4 UTs. This shows that
29% of the States were not ready to establish vigilance
India
& monitoring committees. Nodal Officers were not

appointed by 5 States (17%) & 2 Union Territories
(29%). Atrocity Prone Areas were not identified by 16
States (57%) & all 7 Union Territories (100%). Special
Officers were not appointed by 21 States (75%) & all 7
Union Territories (100%). Special Police Stations
were not established by 24 States (86%) & all 7 Union
Territories (100%). This shows a clear cut trend of the
Indian State Governments & Union Territories, against
implementing the provisions of atrocity preventive
laws. It also shows the helplessness or inactivity of the
central government in its task of preventing atrocities.
The Ministry of Social Justice & empowerment
says in its report (for year 2010-11) that the SCST
Protection Cells were set up in 20 States & 3 Union
Territories. These States were -Andhra, Assam, Bihar,
Chhattisgarh, Gujarat, Haryana, Himachal Pradesh,
Jharkhand, Karnataka, Kerala, Madhya Pradesh,
Maharashtra, Orissa, Punjab, Rajasthan, Tamil Nadu,
Tripura, Uttar Pradesh, Uttarakhand & West Bengal.
The Union Territories were Dadra & Nagar Haveli,
Delhi & Pondicherry. Still eight States & four Union
Territories are seen reluctant in establishing SCST
Protection Cells, even after 21 years of implementation
of act. The reports gives that Special Police Stations
for registration of complaints of offences against
SCSTs were set only by three States. They were- Bihar
9 Police Stations, Chhattisgarh 12 Police Stations &
Madhya Pradesh 48 Police Stations. There is a
difference of one State between the report of Social
India
Justice Ministry & SCST commission, as far as

establishment of Special Police Stations is concerned.
***
Observations of the National Commissions
Before going to the work the SCST
commissions have done, we first remind the situation
in which the commission was working. See what the
National SCST commission says in its first report.
"The Commission has not been able to start
functioning effectively in respect of several
Constitutional provisions due to gross insufficiency of
the staff. The staff proposals submitted to the Ministry
of Welfare are yet to be sanctioned". (First report, page
141) If the National commission gets such treatment,
we can make out what could have been the treatment
given to the common SCST people, activists & well
wishers.
Initially, Indian Constitution had made a
provision of a Special Officer, known as the
Commissioner for Scheduled Castes and Scheduled
Tribes under its article number 338. This Special
Officer, from 1952 to 1990-91 submitted in all thirty
reports to the President of India. The first nonstatutory commission for Scheduled Castes & Tribes
was set up in August 1978. It submitted total eight
reports to the President. Its last report was submitted
for the year 1986-87. The reconstituted National
Commission for SCSTs which was constituted in
September 1987 was mainly supposed to conduct
India
research studies & was not required to submit any

annual report. All these commissions made large
recommendations regarding various safeguards for the
SCSTs, their economic development; problems related
to lands & agriculture; problems related to social,
educational & political development; elimination of
untouchability; stopping harassment & atrocities etc.
A large number of recommendations made
before 1992, by the Commissioner & Commissions for
SCST were either rejected or remained unimplemented. Some of the important recommendations
of them were1. make the central assistance to the Special
Component Plan(SCP) & Tribal Special
Plan(TSP) non-divertible & non-lapsable;
2. allotment of surplus land to SCSTs, distribution
of land Pattas, updating of land records, prompt
disposal of cases of land alienation
3. recommendations related to rights of Tribals in
forest & excise policy
4. stopping harassment of Tribals at the hands of
Forest officials, Police officials & middlemen
5. Speedy
rehabilitation
&
payment
of
compensation to the ousted people of major
dams, projects etc.
The commission reports that the cold response
of the Central & State governments to these
recommendations added to the misery of the SCST
community. It made them more vulnerable to the
India
attacks & atrocities done by the non-SCST powerful

groups in their geographical contact.(SCST
Commission report, 1992-93 page-135)
There was a complaint against the police
officers that they were not registering the cases of
atrocities. At some instances, where they were
registering the cases, they registered them under
another law or made the wrong sections applicable.
Keeping this in mind, the SCST commission
recommended that the post Masters of local post
offices having telegraph facility be authorized to
record complaints of the victims. It also suggested that
these complaints be passed on telegraphically, at
government cost, to the concerned special police
station for registering the case. It was also suggested
that, similar power be given to the head of the Gram
Panchayats & both these persons be declared as the
honorary Police Officers. (Report for 1992-93, pages145,146) This was a quiet a good suggestion, but is
not yet accepted by the Central Government.
The commission also has recommended
including the topic of atrocities & atrocity prevention
laws in the syllabus of departmental examinations of
police & in their orientation or refresher courses. This
recommendation too is not yet accepted. The
commission also has recommended that the cases
resulted in acquittal on technical grounds/due to
administrative/other lapses, must be re-examined by
the Public prosecutor & he should appeal to ensure
justice to the victim of atrocities. This recommendation
India
if accepted could increase some pressure on the

criminals; but unfortunately this too is not yet
accepted.
Regarding the implementation of PCR act, the
commission says that measures taken by States/UTs
are not encouraging. Special Courts were not set up in
Assam, Gujarat, Haryana, Jammu & Kashmir, Kerala,
Maharashtra, Orissa, Punjab, Tripura & West Bengal,
even after the forty years of implementation of the law.
Among Union Territories, Chandigarh, Dadra & Nagar
Haveli, Delhi & Pondicherry were the defaulters.
Untouchability prone areas were identified only by
four states. They were Gujarat, Maharashtra, Tamil
Nadu & Uttar Pradesh. Periodical Survey regarding
working of the PCR act was conducted by NONE of
the states, even though it was envisaged by the law.
The States like Rajasthan, Uttar Pradesh & Union
Territories like Dadra & Nagar Haveli were unable to
appreciate the need & urgency of implementation of
PCR. They did not come forward for availing the
grants. Grant in aid was provided by ministry of
welfare to 14 states amounting Rs. 4,40,05,584/-, as
mentioned by the report of commission.(report 199394, p.151).
Implementation of POA Act too was not quiet
satisfactory. Special Courts for speedy trial of atrocity
cases, under section 14 of the act were set exclusively
only by the states of Andhra Pradesh & Rajasthan.
Three courts were set up by Andhra Pradesh. They
India
were- Chittoor, Guntur & Mahboonagar. Ten Courts

were set up by Rajasthan. They were- Alwar, Pali,
Pratapgarh, Jaipur, Ajmer, Udaipur, Jodhpur, Kota,
Bikaner & Merta. In other states, the existing Session
Courts were notified as the Special Courts, where the
atrocity cases were not getting precedence over other
cases. They thus defeated the very purpose of Special
Courts. The SCST commission therefore pressed for
exclusive Special Courts. (Report p.151, 152)
As per Section 21 of POA Act periodic
Surveys are expected to be carried out & atrocity prone
areas are expected to be identified by the State/UT
administrations. Up to year 1993-94, as per the
information given by the Ministry of Welfare, only
Eight States had identified total 69 districts (& few
villages in them) as the atrocity-prone areas. Out of
these, 11 districts were from Bihar & 11 from Gujarat,
5 from Haryana, 6 from Karnataka, 6 from
Maharashtra, 7 from Madhya Pradesh, 3 from Punjab
& 20 from Uttar Pradesh. (p.152). Out of around 550
districts, atrocity prone areas only from 69 districts
were identified by the Indian States.
Monetary Relief & rehabilitation facility is
provided by the POA Act for the victims in order to
mitigate the hardships faced by them & their families
in case of death, permanent incapacitation, destruction
of property etc. But this too was not distributed
properly by the States/UTs. Scale of monetary relief
was not revised by most of the States, except a few
like Gujarat, Karnataka, Kerala & Orissa since
India
1981.This clearly demonstrated the negative attitude or

gross ignorance of the State machinery towards the
issue of prevention of the atrocities. States like Punjab
& W.B. had not adopted any scale of monetary relief
for the victims of atrocities. During year 1993-94, an
amount of 2,66,13,316 was released by the Ministry of
Welfare to 10 States & 1 UT. No Grant was given to
Goa, Himachal Pradesh, Madhya Pradesh, Orissa,
Punjab, Tamil Nadu & Pondicherry, as previous years
grant was not fully utilized by them. Also, no proposal
for further grant was received from them. Maharashtra,
Orissa, Punjab, & T.N. did not avail any grant this
year, like that of the previous year.
In approximately ten years after 1980, there was
found an unfortunate increase in the cases of atrocities
violating human dignity- like stripping of SCST
women, forcing them to drink & eat human urine &
excreta, blackening their faces, shaving their heads &
parading in the village streets. A number of examples
are included in the report of SCST commission in its
annual reports. Four of them are as follows1. In Village Dauna, under Police Station name
Ghurpur of Allahabad district in Uttar Pradesh,
one SC women was stripped & paraded naked
by some people in the village on 21 st January
1994. It was done five days after an incidence,
in which the young boy of the women had
slapped a non-SCST boy for stealing peas from
India
their field. Police were aware of the growing

tension, but did not took any preventive action.
2. Another SC women of age 40 was paraded
naked by few people named Yadavas at
Bhagatpur Mirza under police station fatehgarh
of Moradabad district of Uttar Pradesh. This
was happened after alleged teasing of a yadav
girl by the son of that unfortunate woman.
3. Seven Tribal persons from Potgaon village in
Bastar District of Madhya Pradesh were forced
to drink human urine & excreta water after
compelling to pay heavy fines on suspension of
theft of an idol in the village temple.
4. One SC person in Kotaganahalli village in
Kolar district of Karnataka was beaten & forced
to eat his own excreta on 28 January, 1994 for
refusing to perform the customary rite of
beating drum in the village festival.
There are a number of such incidences taking
place every day here or there. Few incidences as a
example, are appended at the end of this book in
appendices I to III. It is very unfortunate a fact that in
many cases, people coming from backward
communities like OBC also take active part in
committing such atrocities. These incidences do not
take place at once. At most of the places, they are the
results of long term tensions & ignorance of preventive
measures. It police diffuse the tensions or ignorance
(or arrogance, if needs to say) at various places, at the
initial stages, such incidences may be reduced.
India
Every year, the national commission examines

few cases at their own. In 1993-94, in 306 cases out of
418 examined cases, exact position of appropriate
application of sections of the laws was still awaited
from concerned police officers, when the report was
written by the commission. Out of remaining 112
cases, wrong sections were applied in 63 cases
(56.25%). This proves that the local police officials
were neither sufficiently conversant with the law nor
they were prompt in incorporating relevant sections of
the laws. In the 418 cases examined, following were
the chief reasons behind atrocities. 52 cases were
registered due to abuse in caste name, 62 cases were
registered out of Land disputes; 4 cases were of
Political rivalry; 8 cases were of demolition/forcible
occupation of house or shop etc. 6 were the cases of
charges of theft; 6 were of misuse of official position
against SCST. Overall picture showed that 87 case
(35.1%) had economic causes; 68 cases (27.4%) had
causes like untouchability etc; 32 cases (12.9%) were
raised due to rapes; 5 cases (2.0%) had Political causes
& remaining 56 cases (22.6%) had miscellaneous
reasons behind them. The commission also had
reported that they found 13 cases of Police
involvement this year.
Under section 21(4) of the POA Act, the central
government had to coordinate measures taken by
states. It had to place a report every year on the table
of each house of parliament. The report is supposed to
India
include the details of measures taken by itself & the

state governments for atrocity prevention. As reported
by the commission, the Ministry of Welfare, which is
the nodal ministry for implementation of POA Act had
submitted only one annual report to the parliament
from 31st Jan, 1990. The report was for year 1990.
This was the case after six years of implementation of
the POA Act. (see report for year 1994-95, p. 201,202)
It had placed only 13 reports (in about 40 years) under
PCR act of 1955, covering a period of up to year 1992.
(report for 1994-95, p.200)
Under article 338, the SCST commission is
bound to investigate & monitor all matters relating to
safeguards provided for SCST, inquire into specific
complaints with respect to deprivation of their rights &
safeguards, Present to the president Reports on the
working of safeguards etc. The commission in order to
collect material for a report on the problem of
atrocities on SCSTs, requested all the State
governments, Union Territory administrations,
Ministry of Welfare, Ministry of Labor and the
ministry of Information & Broadcasting to send the
required information. Even after eight months of that,
the SCST commission had not received any reply from
Ministry of Welfare & from the State government of
Bihar & UT of Andaman & Nicobar & Chandigarh.
Not only that, the information received from 11 states
namely Andhra Pradesh, Gujarat, Karnataka, Kerala,
Madhya Pradesh, Maharashtra, Orissa, Rajasthan,
Sikkim, Uttar Pradesh & West Bengal was neither
India
complete nor well co-related. It was not checked

properly too. This shows the overall disinterest of
the administration all over India in implementation of
the preventive policies, as far as atrocities are
concerned.(report page 202)
Regarding the Disposal of cases by police under
PCR, the commission had emphasized that suitable
instructions are needed to be given by the police
authorities to local police for speedy & careful disposal
of cases & for filing the charge-sheets within shortest
prescribed time limit. It also have suggested that
responding the complaints without delay, completing
the investigation & taking necessary legal action to
punish the guilty will prove to be the most effective
way of maintaining law & order. The commission also
has reported that for States like Kerala, the information
received was inconsistent. No information was
received from two Union Territories. States like
Arunachal Pradesh, Assam, Meghalaya, Mizoram,
Nagaland, Tripura & UTs like Daman & Diu,
Lakshadweep had not reported any case of atrocity in
four years from 1992 to 1995. On the other hand,
significant number of crimes against STs was reported
from States like Andhra Pradesh, Bihar, Gujarat,
Maharashtra, Orissa & Rajasthan. Atrocities in North
Eastern States like Sikkim were increased between
1993 & 1995. In these years Sikkim registered 17
cases in 1993, twenty two in 1994 & 105 in 1995.
(page 203 to 205)
India
In this period, continuous increase in

registration of cases in Andhra Pradesh, Bihar, Gujarat,
Haryana, Himachal Pradesh, J&K, Karnataka,
Maharashtra, Orissa, Rajasthan, Sikkim, T.N. & U.P.,
with exception of year 1995 was reported. For
Himachal Pradesh, Rajasthan, Tamil Nadu, Uttar
Pradesh, Delhi & Madhya Pradesh more or less same
number cases registered.
The commission has reported that in most of the
states, existing session Judge or Additional Session
judges were designated as special courts for trial of
cases under PCR. However, Madhya Pradesh had
designated 10 Special Mobile Courts. Six special
courts were set up by Rajasthan & four by Karnataka,
till year 1994-95. While this report was carried out,
few pages like page number 210 & 211 were absent in
the pdf file of report for years 1994-95, which was
uploaded on authorized website of commission.
Similarly, page numbers 248 & 249 were also absent.
***
In its report of 1996 to 1998, the national
commission says, "It is a matter of great concern &
regret that in our Society its weakest & vulnerable
segments continue to suffer from discrimination,
exploitation & atrocities. Despite provisions for
removal of disabilities & discrimination against SCs &
STs provided in the Constitution of India. Incidents of
atrocities on members of SCs & STs continue to be
reported from all parts of the country in varying
numbers". Regarding the working of the government,
India
it says that under section 15A(1) of PCR, a report was

to be placed by the Central government every year in
both of the houses of parliament; but the government
so far has placed only 14 reports covering the period of
up to 1993. (Report 1996-98, p. 231)
The commission further records its opinion
saying that the untouchability is note present only in its
physical form, but is dwelling deep in the minds of the
oppressive people. It records here, the causes of
atrocities which it found in due course. They were1.
2.
3.
4.
5.
deep rooted caste system,

unclean occupations
illiteracy
lack of social awareness
Rigidity & bias created by religious literature.
It reiterates its opinion that it was the responsibility of

society as a whole, to remove these disabilities & the
government can act only as a catalyst in hastening the
process of
social change. It gives the number of atrocity cases
registered under PCR act during the previous three
year as follows- year 1995-1525 cases; year 19961417 cases & years 19967- 1157 cases. This shown a
decreasing trend of cases registered under PCR act.
But at the same time, the number of cases registered
under POA act was at its rise. The commission has
reported that the brutal incidents were still
continued.
India
These offences under POA carry heavier

penalties than similar offences under the IPC. The
offences of custodial rape, highway robbery & house
breaking by night carry minimum punishment of 10
years under IPC. But the same offences carry a
punishment of imprisonment for life, along with fine,
under the POA Act. The Act also provides for
forfeiture of property, externment & collective punitive
fine. It provide special courts & special prosecutors for
expeditious disposal of these cases.
In a conference of Home Secretaries & Director
General /Inspector General of Police of States & UTs
held on 16/12/1996, it was emphasized that the
preventive measures mentioned in the PCR & POA,
Acts should be enforced properly to create such an
environment in which SCSTs (could) live with dignity
& they could feel secure. Strict vigilance & prompt
action was also recommended by the government. It
was also stressed that the police personnel & all other
officers concerned with implementation of the law
should be trained properly, for total eradication of the
atrocities. It was also recommended that the
investigation by the police officials below rank of
DySP should be allowed legally, as the number of
DySP level officers available was too few & a number
of cases were delaying too much. This
recommendation was neglected for a number of years.
The commission also recommended exclusive special
courts repeatedly, in following words-"Commission
India
has observed that the designated Special courts are not

in position to do justice with the atrocity cases,
because of prolonged proceedings, lack of interest by
the witnesses & their (courts) preoccupation with other
sessions."The commission is of the opinion that there
should be exclusive special courts, not just designated
courts for speedy trial of atrocity cases". (P.232, 239)
In many cases, the courts were found to have
passed anti-prevention judgments, just because the
investigation was done by the police officer of the rank
below the rank of DySP. In section 4 of POA Act, the
officers of non-SCST category are treated to be liable
for punishments, for neglect of duties. The commission
recommended here, that the SCST officers too should
be made liable for such punishments. Looking at the
general practices in the police, courts & society in
general, it is possible that the SCST officers will be
targeted by the others, with the help of this provision.
Hence, whatever provisions be done, they should be
done keeping this thing also in mind. Making the
prosecution accountable to police, especially at district
level; taking total revision of offences included in the
act; deletion of some offences; inclusion of NGOs &
Panchayats in the preventive work; enabling the
special courts to take the cognizance of the atrocity
cases directly & setting up of exclusive special courts
where there is high number of registered cases &
pendency cases was also recommended by the law.

India
The commission had repeated its opinion many

times. Take an example of the sensitization workshop
of the SCST commission with Uttar Pradesh Police at
Ghaziabad on 31 august 1996. It was clearly stated
here, that the aims of PCR Act & POA Act are
primarily same. That was to take preventive steps
against atrocities & to change the attitude of non-SCST
people towards the SCST people. It was also pressed
that the police should run immediately to the scene of
incident of atrocity for investigation & collection of
first hand information. They should register the FIR.
They should send the case for trial to court & should
not close it. A large number of cases are already
pending in the courts & there is large intake of cases
every year. Therefore setting up of special exclusive
courts is need of the day & it could resolve the
problem. Also, the special courts should be enabled to
take direct cognizance of cases, which will facilitate
speedy trial as is envisaged in the act.(report 1996-98,
p.239,240)
It is reported by the National SCST commission
that it examines the cases which come to its notice
through representations or complaints of the victims or
their kins. It takes note of the communications
received from voluntary organizations, MPs, MLAs
etc. It also takes note of the cases coming to it through
press or other media. The commission had taken up
many issues & cases with concerned authorities. In
important cases, Fax or wireless messages were sent to
district authorities for furnishing detailed reports
India
containing facts of the cases & actions taken by them.

Wireless messages were sent to the concerned field
officers of the SCST commission to conduct on-thespot inquiries & submit inquiry reports immediately, in
case of more serious cases. As the Commission now
has computerized set up, it has directed all the chief
secretaries of States/UTs to send e-mail messages
within 24 hours, in case of any incident of atrocity &
steps taken by them. In selected cases, the Chairman,
Vice-Chairperson & members of Commission also had
visited the places of occurrence of crimes & conduct
detailed inquiries.
The commission had reported a new trend of
militancy & inter-caste gang rivalry in few States. It
has noticed this during its visit to Ikwara village in
Meerut district, where six persons of Scheduled Castes
were killed by a rival gang on January 5th , 1997. It
also reports that more than 50 persons including 32 SC
were killed at Lakshmanpur-Bhate, of Jahanabad
district in Bihar on Dec 1 st ,1997. The commission
have found weaker sections in pathetic & exploited
conditions there. Underlying causes of such conflicts
& serial murderrs was reported to be the land disputes,
non-payment of minimum wages, lack of education,
poor infrastructure ect. The commission recommends
that the hands of weaker sections are needed to be
strengthened at such places.
The commission also reports that it regularly
examines the report received by district & State
authorities & on-the -spot enquiries. In general the
India
commission have repeated the instructions to State &

local governments as follows1. Eliminate lapses/shortcomings on the parts
of local officials & take quick remedial
actions
2. Accomplish the prompt registration &
investigation of cases in Police stations
3. Submit Challans promptly in courts,
4. Apply proper sections of PCR/POA Act
5. Arrest the accused immediately.
6. Take prompt actions for rehabilitation of the
victims
Moreover, the commission has directed the State
Governments to1. Take all efforts to prevent atrocities & take
actions under POA Act & Rules.
2. Establish Exclusive special courts in each
district.
3. See that FIR is registered promptly in Police
Stations & avoid any delay in investigations.
4. See that Special Public Prosecutor takes proper
legal actions.
5. Provide relief promptly to the victims.
6. Take special care of entire family, where it
suffers because of murder, rape, arson etc.
7. Monitor implementation of the act as a whole.
8. Give adequate publicity to Acts & rules.
Counter misinformation.
9. Avoid not-giving info from States to SCST
commission.
India
***
It its report of 1999-2000, the commission gives
an example of a higher officer from SC category. He
was working as manager in Air India & was bypassed
in promotion to the post of senior manager. Other
members from non-reserved category were promoted
by denying his right. The commission discussed the
case with Air India Authorities & compelled the
authorities to remove the injustice done to the officer.
Similar corrective actions were taken by the authorities
of few other establishments in cases of undue transfer
of SC person, wrong remarks in the CR, giving service
to the dependent of expired employee etc. But these
are a few examples & not all people could go to the
commission out of the fear of management, daily
workload & many other problems. We therefore had to
create such situation, where the injustice could not be
done by the people. The commission here had taken
note of a judgment of High Court of Andhra Pradesh,
in the case of Gangula Ashok & others Vs State of
Andhra Pradesh , where the court had given judgment
that the Special court cannot directly take cognizance
of atrocity case, as such provision is not mentioned in
the POA Act of 1989. The commission therefore, had
once again recommended amending the law so as to
enable the special courts to take cognizance of atrocity
cases directly.
The commission has narrated few of the cases
in this report too. It had received 2000 representations
India
regarding atrocities in years 1999-2000 & 2000-01. All

of the cases were investigated by the commission
directly or through local police officials. Few of the
examples were as below1. In February 1999, at Narayanpur in Jahanabad
district of Bihar, 12 people from SC category
were killed by others. The commission took this
case to the state authorities & compelled the
State Government to take proper actions to
avoid repetition of such instances. It suggested
the State government to adopt long term
policies like assuring minimum wages,
distributing lands, giving ownership to the
tenants, employing development programs &
starting residential schools etc.
2. On March 13, 2000 seven SC people were set to
fire in Chintamani district after death of one
non-SCST person. When commission visited
the place of atrocity, it found that local police
were failed in taking immediate preventive
action. On the interruption of SCST
commission, the State government took legal
action against those officials & fifteen culprits
were arrested. Later, new police station was
established in the village & investigation
through CBI was ordered.
3. On 2nd April 2001, three people were killed in
police firing during demonstration against
India
illegal destruction of houses. Investigation

committee was established after commissions
interruption & then relief was given to the
victims.
4. In Adoli village, under police station Khedli in
Alwar district of Rajasthan, Villagers were not
allowing any SC bridegroom to sit on the horse,
in any of their marriage ceremony. The
Commission picked up the case with the district
administration & the Police authorities. The
government provided Police protection & then
only the ceremony was carried out.
5. Mr. Vishnupad Sethi, District Collector of
Naupada from Orissa, on 27th December, 2000
was openly beaten when he was on duty by a
person named H. K. Bagarti, who was the Chief
of Zilla Parishad. He had done it in presence of
Police Officials. The case shows a horrible truth
about the elected members, SC officers &
police officials. After the incidence, the culprit
immediately managed to get bail before his
arrest from the court. The Police remained a
silent spectators.
Other cases recorded by the commission include
insult, humiliation & rape of women, act of involving
SC person in false case by the police, beating of
employees & minor boys, killing of workers etc.
India
The annual report for year 1999-2000 also

recommended the governments, that the public
prosecutors be selected with due care & their
performance be evaluated. It should be assured that the
people selected for work related to atrocities, are doing
the same work. Central govt should direct the states to
establish special courts, where they are not yet
established & should keep an eye on their working. It
should also direct them to take regular meetings of the
monitoring committees. States should also be directed
to evaluate working of their machinery related to
atrocity prevention. Identification of 'Atrocity Prone
Areas' should be completed immediately. Instead of
providing figures, those may be analyzed by the states.
Center should critically evaluate the schemes regarding
stoppage of manual scavenging, should promote intercaste marriages, involve Panchayats & NGOs in the
work of atrocity prevention, use Radio & Television
for creating awareness in the people regarding this
matter.
The commission this year reported that there
was a rise in atrocities committed against ST
population in Madhya Pradesh & Andhra Pradesh, by
the end of year 2000. In this year, Madhya Pradesh
(1845) & Rajasthan(1130) were the top states in
committing atrocities on ST people. In year 1999,
Madhya
Pradesh(1756),
Rajasthan(1221),
Gujarat(367),
Orissa(335),
Andhra(178),
Maharashtra(171) & Tamil Nadu(105) were the States
with highest atrocities committed against the ST
India
people. The commission this year recommended that

the States should be careful enough, while selecting
people for important posts, especially if they are
related to safety & development of SCSTs.
***
The first report of the bifurcated SC
commission was come for year 2004-05. The report
reported that the rate of acquittal under PCR & POA
Act is very high. The rate of conviction is very low &
the number of Pending Cases of Atrocities was very
high. Financial compensation & relief was not
provided by a number of states & it has become a
common thing. It re-iterated that the police officials
needed to be sensitized about provisions of PCR &
POA Act. It also stressed the need of wide publicity in
local languages. The commission revealed that the
prescribed percentage of fund from Annual plans of
Ministries was not properly allocated by the Central,
State & UT ministries. The funds given are either not
utilized or diverted to any other sectors. This has
created feeling of deprivation among the SCs. The
commission stressed that the diversion if has to be
done, should be done only after consultation with SC
commission/planning commission.
This year too, the national commission raised its issue
of insufficient staff given to the commission. Posts
were not created as per entitlement. The secretariat of
Commission was never functioned with its full
strength. Vacancies were shared in the ratio of 2:1 by
India
the newly formed SC & ST Commissions. NO

response by the concerned ministries, for opening
State offices in State Capitals of Rajasthan, Orissa &
Madhya Pradesh (having SC population 17.2%, 16.5%
& 15.2% respectively).The chairman on SC
commission, therefore written a letter to the President
of India & included all these issues in the letter.
Following important points were raised by the
commission this year1. Time bound action plan is needed to be
prepared to provide the basic facilities like
water supply, electricity, sanitation at par with
other sections of society, so as to improve their
economic condition & to provide village
employment.
2. Though the commission has connected the issue
to the economic conditions of SCs, it actually is
connected with their hardships, social status (&
by that way) with the atrocities the SC people
face.
3. The absence of these facilities along with their
miserable economic, social, educational, &
political conditions takes their status to the
lowest status in the eyes of the powerful castes
& creates an impression in the minds of the
powerful, that they can do anything with them.
India
The atrocities are directly connected with their

miserable conditions.
The SC commission had to recommend this
year too, that the Central & State government should
sensitize the Police officials about the provisions &
implementation of PCR Act of 1955 & POA Act of
1989. This throws a great light on the fact that, in the
vast period of 50 years of implementation PCR Act &
16 years of implementation POA Act, the police
officials were not sensitized sufficiently about the Acts
& about the atrocities in general. This was a very
painful picture continued to be seen till today. The rate
of acquittal of cases was too high in year 2004-05 too.
Conviction rate was too low. Rate of Pendency of
atrocity cases was too high all over India. The level of
awareness was too low. There were States who were
not paying compensation to the victims of atrocities.
Almost all of these points were repeatedly pointed out
first by all Commissioners for SCSTs & afterwards
by the National commissions for SCSTs over a large
period of about sixty-five years. Even after that, the
conditions were not changed & strong preventive
actions were not taken by the police, administration &
the courts.
All this shows great amount irresponsibility,
ignorance & absence of any sense of justice at the level
of the responsible government & related machinery,
as far as the prevention of atrocities on SCSTs is
concerned.
India
***

India
Chapter VI
Conclusion
Police Level Lapses
Lapses at Administration Level
Court Level Lapses
Other Problems
Implementation of acts
-----------------------------------------------------------------As per a news in Daily Hindu & Indian Express

on December 10 & 11 of year 2006, in an Inter-State
Council meet at New Delhi on 09/12/2006, the then
Prime Minister of India said, "Continuing atrocities
against weaker sections is a national disgrace in a
civilized society. By saying this, he admitted the fact
that atrocities are still continued to be committed in
India & it is a matter of disgrace for the Indian Nation.
I would like to say, that it is not just a matter of
disgrace for Indian society, but is a matter of disgrace
for whole human society in the world, for it is a sign of
shameful defeat of humanity in the human world.
Mr. Shivraj Patil, the then Union Home
Minister of India, in the same meeting said that few
states were lagging behind in the implementation of
existing laws like the POA of 1989. He, therefore,
made a case for amending the law that would enable a
copy of the FIR to be sent to the magistrates for
record. He said that it has come to the notice of the
ministry that police, in some instances, have refused to
India
take up the cases under the Act and instead preferred

investigation under the provisions of the penal code.
The chief ministers and lieutenant governors who
attended the meeting agreed to the suggestion of
having exclusive special courts and special prosecutors
to ensure speedy investigation and disposal of cases in
a time bound manner. The Prime Minister Mr.
Manmohan Singh urged them to usher in effective
measures to prevent harassment of the communities. A
simple conclusion we can draw from this & it is that
the government & agencies in India have failed to curb
the caste atrocities committed against the SCST
population.
There are a number of lacunae/lapses found in
the working of Police, administration & Courts as far
as prevention of atrocities is concerned. They are-
A. Police Level Lapses

1. They sometimes refuse to register the Atrocity
cases.
2. Wherever they register, they register them under
irrelevant laws or apply irrelevant
3. sections.
4. Sometimes Police & forest officials themselves
involve in atrocities.
5. The awareness about the atrocity acts is less in
police.
6. Sometimes they help the culprits to escape from
the punishment.
India
7. Sometimes the required authority does not make

inquiry into the case.
8. Sometimes they make delay in- registering FIR,
doing Investigation of case, arresting
9. the accused person/s & presentation of challan
in the court.
B. Lapses at Administration Level

1. They do not extend relief & rehabilitation
facilities promptly to the victims.
2. They either do not give compensation to the
victims or make delay in it.
3. Monitory Relief was not revised in time.(Now
taken care of, by amended act of 2015)
C. Court Level Lapses

1. Do not handle the cases with speed & care.
2. Relieves the culprits on Technical grounds.
3. Do not allow to take cases directly to Special
Courts. (Provision is now made in the amended
act of 2015, to remove this disability of court).
D. Other Problems
1. Annual Reports of the National Commissions
for SCs & STs are not placed in the in
2. timely manner.
3. Information is not given to SC & ST
commissions by various Ministries & State
governments in proper manner & in proper
time. Many times, it is either in-complete or
irrelevant.
India
4.
Post Masters & Gram Panchayat heads in

village are not yet involved in atrocity
prevention mechanism, despite of repeated
recommendations by the National SCST
commissions.
5. Cases of acquittals on technical grounds or
administrative or other lapses are not reexamined by courts/police etc.
6. Wide Publicity to incidences of atrocities &
preventive provisions is not given through
7. mass media. Media, on the other hand spreads
negative roomers.
8. Provisions like appointment of Special
Collectors in Atrocity prone areas are ignored.
9. Subject of Atrocities is not re-entrusted to
Home
Ministry,
despite
repeated
recommendations by the National SCST
commissions.
10. Government
withdraws
cases,
without
concerning the victims.
Implementation of acts
1. Conclusions regarding Implementation of
Protection of Civil Rights Act of 1955
a) Special Courts are not setup in many States &
UTs.
b) Untouchability Prone Areas Not Identified by
many States.
c) Periodical Surveys about working of PCR are
not conducted by the States.
India
d) States do not come forward to avail grants for

atrocity prevention from Center .
e) Courts do not dispose cases promptly & fairly.
2.
Implementation
of
ofAtrocities) Act of 1989
a)
b)
c)
d)
e)
SCST
(Prevention
Exclusive Special Courts (as per section 14)

were not setup by many States.
Periodic Surveys (section 21) were not carried
out to identify Atrocity Prone Areas, by many
States.
States had not revised the scale of monetary
relief to be paid to the victims of atrocities.
Grants not fully utilized by many States.
Government was not seen much sincere in
implementation of atrocity acts.
In such an atmosphere, SCST people in India

are striving their hard for their protection &
achievement of equal rights in front of the law. They
are striving their hard, for their equal status in politics,
service, education etc. They have started going to the
police & courts for protection of their rights in
increasing number, but not much fruitful picture is yet
emerged in Independent India. Almost one forth of
Indian citizens of a free nation are not in a situation to
suppose themselves to be freed from atrocities &
exploitation, even after seventy years of independence
of their nation.
****
India

India
Appendix I
Implemantation of PCR & POA by year 2000.
A. Implementation of PCR Act of 1955, by year 2000
Sr.
1
2
3
4
5
6
7
8
Work
Committees
Formation
Admn
Machinery
Setup
Special
Courts setup
Providing
Legal Aid
Declaring
Untch Prone
Areas
Inter-Caste
Marriages
Taking
Publicity
Measures
Othr
Measures
No Action by
Punjab, WB, Chandi, Delhi,
D &D
Goa, Punjab, WB, Delhi, D
&Diu
InfoNot GivnBy
-
Assam, Bihar, Goa, HP, MP, Uttar Pradesh

Mah, Punjab, Tripra, WB,
Dman &Diu, Pondi.
WB
Assam,Goa,Haryna,HP,MP,
Orissa,Punjab,Tripura,UP,Ut
trchl,WB & all UTs
Tripura, Delhi, Daman
&Diu, D &NH
Assam, Daman &Diu.
(1ST,1UT)
Daman &Diu.(1UT)
Bihar,Jhar,Kerala,
Rajsthan(4STs)
Assam, Bihar, Kerla,
Rajs, TN, UP, Uttrchl
Bihar, Goa, HP, Jhar,
Haryna, Rajs, Trip,
Uttrchl, Delhi,D & N H
Goa,HP,Jhar,K'tka, Oris,
Punj, Raj, Trip, WB,
Chndi, Delhi, D&NH
B. Implementation of POA Act of 1989, by year 2000

Sr.
1
2
3
4
5
6
7
Work
Committees
Formation
Special Courts
setup
Admn
Machinery
Setup
Appt. Nodal
Officers
No Action by
Sikkim, A&N,
Delhi(1ST,2UT)
-
InfoNot GivnBy
Chandigarh
Goa, HP, Mah, Sikkim, TN, D&D,
D&NH, Delhi, Pondi. (5ST, 4UT)
Sikkim, Tripra, A &N, Chandi,
Delhi(2ST, 3UT)
Goa,Punjab,Delhi(2ST,1UT Assam,Chattis,Haryna,HP,Jhar,Kerl
)
a,MP,Mah,Megh,Ori,Raj,Sikkm,Tri
p,UP,Uttrchl,A&N,Chndi, D&D,
D&NH (15ST, 4UTs)
Declaring
Assam,Haryna,HP,Ori,Punj, Chattis,Goa,Jhar,Megha(4STs)
Atro-Prone Raj,Sikkm,Trip,Uttrchl, all
Areas
UTs(9ST, 6UTs)
Special Police Goa,Haryana,HP,Raj,Sikki Assam,Guj,K'taka,Kerala,MP,Mah,
Stations
m,Tripura,UP,&all UTs
Megha,Ori,Punj,TN,Uttrnchl(11STs
)
Relief
Assam, A&N, Delhi, D&D, Goa,Megha,Punj (3 STs)

India
D &NH (1ST, 4UTs)
Appendix II
Implemantation of PCR & POA by year 2010
A. Implementation of PCR Act of 1955, by year 2010
Sr.
1
2
Work
No Action by
Committees
Formation
Defaultr
STs ,UTs
8,4
J&K,WB, Aruna, Manipur, Meghalaya, Mizoram,

Sikkim, Tripura, Delhi, Puducherry, Chandigarh,
Laksh
Special Courts Bihar, Ch'garh, Goa, Gujarat, Haryana, H P, J&K, 23, 5
setup
Jharkhand, K'taka, MP, Mah, Orissa, Punjab, Raj,
Uttarakhand, WB, Assam, Aruna, Manipur,
Meghalaya, Mizoram, Nagaland, Sikkim, Delhi,
A &N, D&NH, D &Diu, Lakshadweep
Special Police Andhra, Goa,Guj, Haryana, HP, J &K, Jhar K'taka, 24 , 7
Stations
Kerala, Mah, Orissa, Punjab,Raj, TN, UP, U'khand,
W B, Assam, Aruna,Mani, Megha, Mizo, Naga,
Sikkim, Tripura, Delhi, Pudu, A &N, Chandi, D
&NH, D &D, Lakshadweep
B. Implementation of POA 1989, by year 2010

Sr.
1
2
3
4
5
6
7
Work
No Action by
Special Courts J&K, Aruna, Mizo, Naga

Exclusive
Goa,Hary, HP, J&K, Jhar,Kerala, Mah, Ori,
Special Courts Punjab, Uttarakhand, WB, Aruna, Assam,
Mani,Megha, Mizo, Sikkim, Tripura, Delhi,
Pudu, A&N, Chandi, D &NH, D &D,
Lakshadweep.(18ST, 7UT)
Special Public
Prosecutors
Committees J&K, WB, Aruna, Mani,Megha, Mizo, Naga,
Formation
Sikkim, Tripura, Delhi, Pudu, A &N,Chandi, D
&NH, D &D, Laksh
Appt. Nodal J&K, Jhar, Aruna, Mizo, Sikkim, A&N, Laksh
Officers
Defaulter
ST, UTs
4 , 0,
19 , 7
8, 4
5, 2
Declaring
Atro-Prone
Areas
Special
Officers
Chattis,Goa,Haryana,HP,J&K, Punj,U'khand,
16 , 7
WB,Aruna,Assam,Mani,Megha,Mizo,Naga,Sikki
m,Tripura,&all UTs(16ST, 7UTs)
Bihar,Chattis,Goa,Hary, HP, J&K, Kerala, Mah,
21 , 7
Punjab,TN, UP, U'khand, WB, Aruna, Assam,
Mani,Megha, Mizo, Naga, Sikkim, Tripura, All 7
UT.
Special Police Andhra,Goa,Gujrat,Hary, HP, J&K, K'tka, Kerala, 24 , 7

India
Stations
Mah, Orisa, Punjab,Raj, TN, UP, U'khand, WB,

Aruna,Assam,Mani,Megha, Mizo, Naga, Sikkim,
Tripura, All 7 UT.
Appendix-III
Atrocity Cases Reported by SCST Commission
Sr
Atrocity Type
1 3killed, 6injured.
2 13 Killd. 500 Houses
Burnt 27Injured, 9missing.
3 1 Killed, 17 injured
4 Stripping, eat excrta
5 Father,SonKilled&Burnt
Date
3/06/ 1992
6/06/1992
Branded with hot Iron
6/03/1993
7
8
9
10
11
4Killed, 2injured
Killing
Rape
Killing of 3
Mass Rape
14/03/1992
18Apr, 1992
31Jan, 1993
17July, 1992
03/19/92
12
13
14
15
16
17
18
19
Mass Rape
1 Killed, 1 injured
Girl Molested
Custodial Death
Beathen ToDeath
Custodial Death
Custodial Death
Killing
10Feb, 1992
19Mar, 1992
Feb, 1992
28Feb, 1992
2Jan, 1992
19July,1992
16July,1992
10Jan, 1992
20
21
22
23
24
25
26
27
28
Stripped, Paraded Naked

Woman Paraded Naked
Forced drink Urin, excreta
Beaten. eat excreta
Rape by Police
Rape by Police
Rape by Police
Killed
3 KIlled
21 jan, 1994
11Feb, 1994
28/01.1994
16Apr, 1992
9July, 1993
Aug1993
24/05/9393
25May,1993
3 /07/1992
11/05/1992
14/03/1993
Place
Allagi, Gulbrga,Ktk
Kumher,
Bharatpur
Rajsthan
Akot, Akola, Mah
N'chrowliSivapuri, MP
Chowferwa,Fatehpr,U
P
Hkimpeth,Hydra,Andh
r
Kkulm,NKttaBmnTN
Nalwa,Solan,HP
KHalli,Mysore, K'taka
D'Gngapr,Gulbrga,Ktk
Dommeru,Goda,
Andhr
SardrN'grRrddyAndhr
Kokrajhar, Assam.
Kmlakkm,Thiprm,Krla
Ramchpur,SurgujaMP.
Avalgaon Aubad Mah
Lalru,Patiala,Punjab
Ropar, Punjab
Sanda,
Dhaulpur
Rajsth
Dauna, Allahabad UP
Bhagatpur Mirza UP
Potgaon, Bastar MP
Khalli,Kolar, K'taka
Manibeli, Dhule, Mah
Trivenignj,Saharsa,Bih
Kadma,Jampur Bih
Rajpalaym,KNgr,TN
Badanvalu,Mysore,K't
k

India
29
30
31
32
33
34
35
36
1Killed, Many injured

Lrge scale Arson
Arson
Killing after Gang Rape
Properties Looted, Arson
Urinated on Face
Evicted from House
1 Killed
7 Dec,1993
24Nov, 1993
25Feb, 1994
28Jan, 1994
18Jan, 1994
21Feb, 1991
-
Sr
Atrocity Type
Date
37 1Killed aftr Rape
17/08/ 1993
38 1Killd
3injurd-Police 20Jan, 1994
firing
39 Killed 4 Men, 2 Women. 24/12/1993
40 1Killed, 4 injured
41 1Killed by Police
42 8 Killed, 30 Injured, 35
Houses Destroyed
43 Alleged Rape
44 Stripped, Paraded Naked
45 2 Killed
46 Alleged Police Atro
47 Attempt of Rape
48 82Houses Burnt, 3Killed
49 Beaten for Riding bicycle
50 Damage of prop 500
police
51 Rape by CRPF Jawans
52 Rape Police & CRPF Jawn
52 Killing of 1
53 Rape of 6
54 6 Killed In Gang Rivalry
55 50 killed including 32SC
56 Prohibited sitting Horse
57 Openly Beaten on duty
58 Killed
59 Burnt Alive
60 Killed In Police Firing
61 Hrssment of Lady Teacher
18Jan, 1994
22Feb, 1994
26Dec,1993
PetAmmapur,Gulbrga,
K'Hngargi,Gubrga,K'tk
Gulbarga,k'taka
Kalandpur,Unnao,UP
Gauripur, Badayun, UP
Bara, Bareli,UP
Jhandapur,Gazia,UP
Khilawnpur,Fatehpr,U
P
Place
Kucheel Ajmer Raj
Bairagipur,Allhabd,
UP
Khilawnpur,Fatehp,
UP
Momsar,Churu Raj.
Vaishali,Biha
Damani Aubad Bihar
21Jan, 1994
19Jan, 1994
Nov,1993
Arah,BhojpurBihar
Dauna, Allahabad UP
Rampuri Guna MP
Jy'snkhrpur, Orissa
NimapuraPuri Orissa
N.A.
T. Nadu
24Dec,1995 Gdmpatti,Usilmptti,TN
31Aug,1995 Kkulam,Chrnar,TN
15Mar, 1995
1Apr, 1995
15Jan, 1995
26Mar, 1995
5 Jan, 1997
1 Dec, 1997
28 Jun, 1999
27Sept 2000
Febru- 1999.
13/03/2000
2Apr, 2001
2000
MitronjyPara,NTripura
Thalibari, southTripura
Kirawali,Agra
Bam,Burdwan,WB
Ikwara Meerut
LaxmnpurBhate, Bihar
AdoliKhdli, Alwar Raj
NuaPada, Orissa
Nrynpur, Jhnbd, Bhr
Chintamani district
Mahendikh,Devas,MP
Delhi

India
62
63
64
65
66
67
68
69 *
70
71
72
Sr
73
Invol False Case by Police

Threat, Sexual Hrsmnt
Beaten,Hrsmnt- Mngmnt
Rape
Killing
Bad words, Assault
Children Hanged toTree
Custodial Death
Abduction, Murder
Killed aftr not taking case
back
Suspended on opposing to
grab Land
Atrocity Type
Driven out of Village
2000
2000
2000
2000
5/03/2000
2000
Jun 2000
07Jul, 2001
May 2001
18Jun, 2001
Rambag,Agara,UP
Pali,Shahdol,MP.
Delhi.
Tarhara,Faizabad,UP
Ferozabad
Rajkot,Ludhi. Punjab
Savar, Indore, MP
Hardwar, Uttrnchal
Hansapur,Fatehpur,UP
Panipat, Haryana
Date
07/ 2001
2001
2001
2001
2001
2001
2001
Place
Khumbhadi,Jungdh,Gu
j
2dists
VisakhaPatanam,
Vizianagaram, Andhra.
Hldipada,
Gnjam,
Orisa
North Delhi
Rathivas,
Gurgaon,
Har
Bhopal,MP
Bagli, Devas, MP
Rohtak, Haryana
Delhi Univ
Nationalized Bank.
Trichy, TN
2001
Dhidigal, TN
2003
06/04/02
2003
2003
2003
2003
2003
KhanKheri,Shimla,HP
TashiJong,Kangra,HP
Allapali,Anntpr, Andhr
Shabad,Rrddy,Andhra
DKPalm,Chittor,Andhr
Mitiyar,Bhavnagar,Guj
Rajkot, Gujrat
74 Ban Neglected For 50 yrs in few villages

75 20 Huts Burnt
2001
76 False Case intr Caste Mari 25 /09/01

77 Mrriage Party Prohibited 2001
78
78
79
80
81
82
83
84
85
86
87
88
89
90
Hrssmnt of Woman Emp

3Killed In Police Firing
Inslting Poem In Syllabus
PhDScholar Beaten
Empl harssed & penalized.
MoneyTakenFalse
Promise
Police Forced to drnk
urine
Girl Rape
Woman Raped
Paraded Naked
Burnt Alive
Murder
Murder
Murder

India
91 Murder
92 Hrssmnt Of Chaukidar
93 Hrsmnt
Beatng
ofor
Wages
94 Hrssed Old Age Pension
95 Illegal Occpn of land
96 Police Beatn by othr
Police
97 Killed For False Charge
98 Families Assaulted
31Mar,2003 Allahabad,UP
2003
SaraiAk,Kaushmbi,UP
2003
Bagpat, UP
99 Hrssment
100
Rape
101
Killed, House burnt
102
Urinated
103
Branded, Beaten, Excreta
104
Widow Burnt
105
Murder of youth
106
Rape
107
Barat was opposed
108
Policet
hreatened
Petitioner
109
Attempt to Rape Girl
Sr
Atrocity Type
110
3Murd Shastri Acad Adm
111
Murder
112
Murder
113
Murder
114
Women, children Attacked
115
HouseDemolition
116
Assault
117
Gang Rape, Mrdr aftr
*
cmpl
118
Hrrassmnt. 1 killed.
119
Gang Rape
120
Prohi. Entry In Gurudwara
121
Rape by PSI. Suicide
122
Widow Beatn, House Brnt
123
Woman Emplyee Hrrased
124
Custodial Death
2003
2003
2003
2002
2003
2003
2003
2003
2003
2003
Shuvdhi, Hajaribag
Bkollam,Kollam,Kerl
a
Kuttipuras,Jlppm,Kerla
Gwalior,MP
Nimbhora,Aubad,Mah
Anaicknur,Maduri,TN
Thinniyam,Trichi,TN
Dola,Jhalwad,Raj.
Aminpura,Tonk,Raj
Falandi,Jodhpur,Raj
Khundroth,Alwar,Raj
Jakhan,Nagaur,Raj
2003
Date
2003
2003
2003
2004
2003
2003
2003
17Aug,2004
Rahpura,Hathras,UP
Place
Mussorie
Anahra,Sirohi,Raj.
TigriKhal,Kshetra,Har
SaripurMirzpur,UP
Ghumka,Durg,Ch'garh
BirbktbadJhajjr,Har
Devli,New Delhi
Vaishali,Bihar
2003
Jul 2004
2003
2003
2002
2004-05
2004-05
Mainpuri,UP.
Bhomatola,Shiuni,MP
Tahlan,Jalndr,Punj
2003
Bhubaneshwar,Orissa
2003
Kaush,Jagtsingpur
15Apr, 2002 Ranch,Jharkhand
2003
2003
Kuknur,Khmma,Andhra
Dola, Jhalawar
Dibrugarh,Assam
Wayanad,Kerala

India
125
GangRape
GangRape
127
Molested by Police
128
Custodial Death
129
Minor Sexually Harassed
130
Gang Rape
131
Illegal Mining in ST area
132
Rape
133
Rape
134
Field Set on fire
135
1Killd 21injred grup Clash
136
Tied to pole assaullted
137
Gang Rape
138
Planned Murder
139
Custodial Death
140
Rape, Murder
141
Rape of Minor
142
Occpn of land, attack
143
Attack, House Burnt
144
Woman attackd, Thretened
145
Woman Raped, Sold
146
Officer Was Abused
147
Burnt ALive
148
MadeToSit on hot iron
149
Woman Raped
Sr
Atrocity Type
150
Woman Assaulted Abused
151
Repeated Rape by DIG,
IG
152
Attempt to Murder
153
Pregnant woman Raped
154
Girl sexually abused
155
Officer abused caste
156
Rape,house burnt
157
Gang Rape
158
Rape, Murder
126
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
Date
2004-05
2004-05
Chindwada,MP
Hoshangabad,MP
Bageshwar,Uttaranchal
Raipur,Chattisgarh
Villuppuram,TN
Damoh,MP
Ranchi,Jharkhand
Bardwan,Bengal
Chikmanglur,K'taka
Haveri, K'taka
Davangere,K'taka
Gadag,k'taka
Warangal,Andhra
Nalgonda,Andhra
Barwani,MP
Bhopal,MP
Shivpuri,MP
Dindori,MP
Bhilwara, Rajasthan
Delhi West
Chirgaon,Latehaar,Jhar
VisakhaPatnm,Andhra
Katni,MP
Raigarh,Ch'garh
Sivpuri,MP
Place
Chhindwada,MP
Ranchi,Palamu,Jharkh
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
2004-05
Palli, Rajasthan
Nallore,Andhra
Nalgonda,Andhra
Medak,Andhra
Raisen,MP
Mayurbhanj,Orissa
Palakkad,Kerala
***

India
Appendix-IV
Cases enlisted by Justice Mr. Yashvant Chawre in his Anusuchit Jati
Jamatinche Kalyan va Sanrakshak Kayde Ani Tyanchi Amalbajavani
Sr. Atro Type
Date
Place
1
Opposed to ride bicycle
Aug, 2005 Orissa
2
Opposed to hoist Flag
15/08/
Bundelkhand, MP
2005
3
StrippedNakedFor
not Oct, 2005 Bhuvanpathi,Bhuvne
washingFeet of Guest
shwar,Orissa,
4
BurntAlive
forNotPlaying Ghagarwada,Beed,M
Halgi
ah
5
Beaten whole night
20/11/2005 Anjanvati,Beed,Mah
6
Buoycott
aftr
case 8/10/ 2005 Arajkheda,Latur,Ma
registration.
h
7
Stones fired at home aftr 30/10/
Ghagurlielected in Panchayat
2005
Bandhavli,Thane
8
ExpelledFromVillageForTem 4/12/ 2005 Rajapur,Khatav,Satar
pleEntry
a,Mah
9
Forced to eat Human Excreta 21/12/2005 Jamanpatti,Sironcha,
Gadchiroli,Mah
10 CutWaterSupply,Beaten
2005
DakuPimpari,Parbha
ni,Mah
11 Stripped & Forced to Sit 2005
Telgaon, Solapur
naked.
12 Stripped naked,Beaten
16/03/
Muchandi,
Jath,
2006
Sangli, Mah
13 Bullette Fired. Hurt.
Taratgaon, Indapur,
Pune.
14 Severe Beating Attack on 8/04/ 2006 Pokahri, AmbaJogai,
House
Beed
15 False papers of Loan
5/01/2005 Gavbhag,
Sangli,
Mah
16 Attack on Family &police
13/02/
Danori,Pune
2007
17 ThreatTo leavevillage
5/05/ 2007 Kothali, Muktainagr,
Pune
18 Beaten
9 /06/ 2007 Parli,
Ambejogai,
Beed, Mah.
19 Threat to Kill
28/06/2007 Kumbhari, Parbhani
20 Stripped Naked
18/07/07
Dhonwada, Beed
India
21
22
Sr.
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Castist Words, Threat.

Boys Beaten
Atro Type
Mother Son Beaten,Eyes
removed.
Beaten, Threat for Not
Beating Drum
Beaten, Hanged (for Not
Beating Drum)
Baten, Houses burnt as was
Elected.
Land Occupied Illegaly.
Threatn to kill all 30.
Forced to stand in sun light
for 3 hrs
Burnt Alive
Opposed to hoist Flag
26/07/2007
30/07/2007
Date
August,
2007
13/09/
2007
19/09/
2007
11/10/
2007
11/11/2007
Mangrulpeer
Vadavani, Beed
Place
KaranjaGhadgi,Ward
ha
Kothali,
Muktainagar.
Sathegaon,
Aurangabad
Malegao,
Gevrai,
Beed
Khasgaon,
TalJafarabad
10/01/
Solapur(ModernHig
2008
hschool)
13/01/2008 Raypur, Chh'garh
26/01/
Manewasti,
2008
Mhaswad, Satara
No water, NoMaterialfrom 20/05/
Varuda,Osmanabad
shops.
2008
Beaten in order to kill
3/06/ 2008 Yavli,Mohol,Solapur
Burnt Alive
18/06/
Karanjala,Vasmat,Hi
2008
ngoli
Killed.DeadBodyThrown on 7/07/ 2008 Jamkhed,Beed
road.
MenWomenBeaten.TryToOc July, 2008 Hotala,Naigav,Nand
cupy landIllegaly
ed
HotelDestroyed.Beaten.Thre June ,2008 Devni Bobli, Latur.
at to burn alive.
LandOccupied.ThreattoBurn 5/08/2008 Kanmugali,Nilanga,
Alive
Latur
Eyes Removed
Naygaon,Nanded,Ma
h.
***

India
Appendix-V
Few Recent Atrocity News Appeared in Print Media
Sr Atro Type
1 Crushed & Killed
under Tractor
2 Thrown
Out
of
Running Train
3 beaten & paraded
4
beaten
5
6
7
8
9
10
11
12
13
14
15
16
17
Date
Place
26/11/2010 Maharashtra
6/12/ 2010
Mumbai
11/12/ 2010 Mahalshi,Sengao

n, Hingoli
30/03/ 2011 Maskavad,
Raver, Jalgaon.
10/03/2011. Vadgaon Rothe
Excommunicated.
refused to sell goods
Telhara, Akola
Beaten & humiliated, 01/2012
Mulgaon,
Removing clothes.
Patan, Satara
02/2012
Hands cut by axe
Daulatpur,
Dist.Hissar
Stone firing Marriage 05/2006
AmarapuraUda
Excommu.
yapura,Rajsthan
08/ 2005
35 Houses Burnt
Gohana Village
in Hariyana,
03/2006
House put into fire
Asola,
Kej,
Beed
Beatn in own house 27/12/2005 Nashik city
by a group of 65
Killed by putting the 31/12/2005 Rampur
house on fire.
Shyamchand,
Vaishali, Bihar.
effort to burn alive in 31/12/2005 Jayramgad
victim's own house
Khamgaon
Funeral opposed on 02/2006
Faltan, Satara
common
funeral
place
27/09/2005 Haralwadi,
Beaten
.
Mohol, Solapur,
02/2006
Beaten
Jopul, Dindoshi
Nashik.
02/2006
Beaten
Sarole, Mohol,
Solapur.
Source
Samrat,
30/11/2010
Samrat,
08/12/2010
Samrat,
15/12/2010
Samrat,
01/04/2011)
Samrat,
29/03/2011
Pudhari,
11/01/2012
Samrat,
17/02/2012
Loknayak,
28/05/2006
unyanagari,
01/09/2005
Samrat,
09/03/2006
Samrat,
05/01/2006
Samrat,
02/01/2006
Samrat,
03/01/2006
Samrat,
26/02/2006
Sakal,
02/09/2005
Samrat,
13/02/2006)
Samrat,
25/02/2006

India
18 Beaten & house burnt 2/06/2006
Khadaki,Tuljap
ur Osm'bad
Date
Place
12/2006
Raheri,
Gevarai, Beed
11/07
Vasanwadi,
Beed
7/06/2006 Adhegaon,
Madha, Solapur
5/01/2007 Bansarola, Kej,
Beed.
22/04/2007 Lonavala, Pune
Loknayak,
07/06/2012
Source
Samrat,
21/12/2006
Samrat,
05/11/07
Surajya,
19/06/2006
Samrat,
16/01/2007
Samrat,
05/05/2007
Samrat,
18/07/2007
Gulpoli, Barshi,
Solapur
Kumbhari,
Selu,
dist
Parbhani
Castist bad words. 07/2007
Partur ,
severely beaten
Parbhani
Basti Attacked Houses 07/2007
Dampuri,
Destroyed
Parbhani.
Basti Attacked. 14 07/2007
MothegaonRiso
Houses Put on Fire.
d, Washim.
Basti
Attacked. 19/05/2005 Vadanage,
Houses Put on Fire.
Kolhapur
Police Attack on Basti 07/2008.
Saraiya,Etawah,
Beaten Head Shaved
UPAharipur,
29/09/2006 Bhandara
Rape Killing
Samrat,
17/07/2007
Samrat,
28/06/2007
Sr Atro Type
19 Kidnapped, Beaten,
Killed.
20 Land was Wrongfully
Occupied
21 Beatn.Cloaths Remvd.
Land Occupied
22 Killed with Stones.
23 Hands,Feet cut With

Sword & Knief
07/2007
24 Paraded
Naked,cutting
hair,Expelled FrmVlg
25 Beaten, Insulted Bad 07/2007
Words Threat to killed
26 Beaten,insulted.castist 22/06/2007
badwords.threat to kill
27
Samrat,
09/07/2007
28
Samrat,
22/07/2007
29
Samrat,
22/07/2007
30
Loksatta,
24/11/2006
31
PplesDemo.
July 6, 2008
32
IndianExpr
6/12/06
33 Seven SC persons 11/03/2000 Kambalpalli,Ch The Hindu
Burnt Alive
intamani,Kolar 6/12/06
34 Opposing SCST entry 12/20/06
Keraragada,Ke Asian Age
into the temple
ndrapara
12/12/06
,Orissa.
35 Attack on SC woman. 12/06
BrahmanGaon, Indian Expr
Hut set to fire.
Niphad,Nasik. 12/12/06
36 Head Shaved, paraded 12/06
BaluaBasanta
Pioneer
India
half- naked
37 Fingers Choppd
38 Seven SC
Burnt Alive
Vaishali Bihar
Bhagalpur
Bihar
persons 11/03/2000 Kambalpalli,Ch
intamani,Kolar
12/06
26/12/06
Pio.6/12/06
The Hindu
6/12/06
*****
References
1. Marc Galanter, Competing Equalities: Law & the
Backward Classes in India, Oxford University Press,
Delhi, 1991.
2. Dr. B. R. Ambedkar, Who were the Shudras? - I
3. Dr. B. R. Ambedkar, The untouchables: Who were they
& why they became untouchables? Marathi Translation
by Rajesh Prakashan, Pune.
4. Dr. B. R.Ambedkar, Buddha Ani Tyancha Dhamma,
SamataPrakashan.
5. Dr. B. R. Ambedkar, Caste in India, Their Mechanism,
Genesis & Development, Indian Antiquary, May 1917,
Vol. XLI
6. Mahatma Jyotirao Phule, Brahmani
Gulamgiri, Rajesh Prakashan Pune.
Adpadadyat
7. Mr. V. R. Shinde, Bhartiya Asprushyatecha Prashna,

Kaushalya Prakashan, Aurangabad, 2003.
8. Dr. B. R. Ambedkar,Waiting For a Visa, (Part-I),
Peoples Education Society, 1990.
9. Dr. Ambedkar B. R., Untouchables or The Children of
Indias Ghetto.
10. Dr. Ambedkar B. R., States & Minorities.
11. The Constitution of India, as published by Gobernment
of India.
India
12. Changdeo Bhavanrao Khairmode, Dr. Bhimrao Ramji

Ambedkar, Vol 1.
13. Dr. Babasaheb Ambedkar Writings & Speeches, Vol. 18,
Part-I, Published by Dr. Ambedkar Charitra Sadhane
Prakashan, Govt of Maharashtra, 15th October, 2002.
14. Dr. Puran Mal, Dalit Sangharsh Aur Samajik Nyay,
Avishkar Prakashan, Jaipur, Rajasthan, 2002.
15. Dr. Yashvant Chaware, Anusuchit Jati Jamatiche
Kalyan va Sanrakshak Kayde, Manovikas Prakashan,
Pune, 2009.
16. Dr. Babasaheb Ambedkar Yanche Bahishkrit Bharat Ani
Muknayak, published by Education Department,
Government of Maharashtra, 1990.
17. Dr. Ambedkar B. R., Annihilation of Caste, Reprint by
Samata Prakashan, Nagpur, 2004.
18. Marathwadyatil Dalitanvar Atyachar, a study Report
of Committee for Protection of Democratic Rights,
Published in Marathi, by Sugava Prakashan, Pune, Oct2003.
19. Police & You: Know Your Rights, a booklet developed
by Commonwealth Human Rights Initiative for
Ministry of Home Affairs.
20. Kharat Shankarrao, Dr. Babasaheb Ambedkaranche
Dharmantar.
Articles, Study Reports, Annual Reports etc.

1. The Bhopal Declaration on Dalit Rights, Paul Divakar.
2. Message from the Director General of NCRB.

India
3.
Broken People: Caste Violence against Indias

Untouchables, Human Rights watch, 1999.
4.
Report on Prevention of Atrocities against Scheduled

Castes, by K. B. Saxena, published by NHRC, 2004.
5. Annual Reports of the SCST commission from year

1992-93 to 1999-2000.
6. Scheduled Caste Sub Plan, Guidelines for
implementation, Planning Commission, New Delhi,
2006.
7.
NCRB Annual Report for year 2010.
8. Supreme Court of India Annual Report for 2008-09.
Acts/Rules/Orders (Orginal texts)

1. The Government of India Act, 1935.
2. The Indian Constitution (original text)
3.
The Protection of Civil Rights Act, 1955.
4. Protection of Civil Rights Rules, 1977.

5. Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Act, 1989.
6. Scheduled Castes & the Scheduled Tribes (Prevention of
Atrocities) Rules, 1995.
7. Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Act, 2015.
8. Scheduled Castes & the Scheduled Tribes (Prevention of
Atrocities) Rules, 2016.
9. The NCSC Chairperson, Vice chairperson and Members
(Condition of Service & Tenure) Rules, 2004.

India
Newspapers
1. Bahishkrit Bharat
2. Muk Nayak
3. Daily Samrat, Mumbai.
4. Daily Pudhari, Kolhapur
5. Daily Loknayak, Aurangabal
6. Daily Punyanagari, Kolhapur
7. Daily Sakal, Kolhapur
8. Daily Surajya, Solapur
9. Daily Loksatta
10. Peoples Democracy Weekly
11. Daily The Hindu
12. Dainik Ahilya Nagari
13. Dainik Bhaskar
14. Daily Hindu
Websites
1. www.goidirectory.com
2. www.ncsc.nic.in
3. www.mumbaipolice.org
4. https://www.indorepolice.org
5.
6.
7.
8.
https://mahapolice.gov.in
www.ncrb.nic.in
https://timesofindia.indiatimes.com
www.ambedkaracademy.in

India
9. www.supremecourtofindia.ac.in
***

India
About The Author

Dr. Ravinand Namdeo Howal is a Computer
Engineering Graduate from Walchand College of Engineering,
Sangli. It is situated in the western Maharashtra region of
India. Being an Engineer, he had served the I. T. department of
Maharashtra State Electricity Distribution Company
(MSEDCL), which was earlier recognized as MSEB, for about
18 years.
He had resigned from his post as an officer in the
MSEDCL, for serving his poor brothers in India. He had done
a lot of research & writing regarding their problems. He is also
a Diploma holder in Journalism & Mass Communication.
He is ex-editor of the Republican Opinion. At present he is
the owner & editor of monthly Purogami Mitra, the meaning
of which is An Enlightened Friend.
He also had completed his M. A. Ph. D. in Political
Science. His topic of research for Ph.D. was Prevention of
Atrocities on Scheduled Castes & Scheduled Tribes: An
Evaluation. He has written a number of books on various
topics like Social Conflicts in India, Atrocities & caste system
in India, religious reforms & conversions in India, The
Constitution of India & so on. He is selected by Babasaheb
Ambedkar Research and Training Institute (BARTI), Pune as
a Project Director in May-2015. He is the Founder &
President of Bhartiya Bandhuta Paksha.
He also have founded a number of organizations like
Bhartiya Bandhuta Sangh, Namotkranti Pratishthan,
Ghatnatmak
Adhikar
Samvardhan
Samiti, In
Samvidhan
Jan
255 | Dr. R.
N. Howal
Facing Atrocities
Independent
Jagruti Abhiyan, Jeevan Hakka
Sangharsha Samiti, Rajarshi
India
Shahu Shikshan Prasarak Mandal, Indian Womens Welfare
Association etc., all of which are aimed at the establishment of
Freedom, Fraternity, Equality & Justice for all.

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Dr. R. N.

Facing Atrocities In Independent

Revealing a True Story of the

Facing Atrocities In Independent

Published By: Bandhuta

Revised Edition for internet: 30th Jan 2017

Facing Atrocities In Independent

(April 14th 1891 to Dec 6th 1956)

Facing Atrocities In Independent

Facing Atrocities In Independent

chapter tries to present the ground reality before the

Facing Atrocities In Independent

taken as per that are also discussed in the chapter. The

Facing Atrocities In Independent

the Loopholes in the framing of atrocity prevention

Status of implemantation of PCR & POA Acts by

Status of implemantation of PCR & POA Acts by

Cases enlisted by Justice Mr. Yashvant Chawre.

Recent Atrocity News Appeared in Print Media

About the Author

Facing Atrocities In Independent

Preface to the First Edition

society in general & Scheduled Castes & Scheduled

is stressed by many intellectuals that the provision of

creating a crimeless society. In this effort, we may not

13 | Dr. R. N. Howal Facing Atrocities In Independent

Social Evils & Refoms in India

Social Evils & Refoms in India

base of the inequality based traditional social order in

real position of SCST people in India today. Though

Who are the SCSTs

use of term Scheduled Tribes is made for the first

What is the real Problem?

onwards & especially after 1950, the less powerful

What sort of Atrocities takes Place?

1. the burning & killing of a Matang youth Mr.

police station, they saw all sorts of people, except the

traditional superior position. This initiates conflicts

Why Atrocities take place?

dominating mindset of the powerful persons in villages

Present Safeguards & their implementation

There are a number of relavent laws, which are passed

What are the Matters of Worry?

social peace. A number of such things individually or

Police. There is an average delay ranging from 11 days

25 | Dr. R. N. Howal Facing Atrocities In Independent

In most of the cases, the atrocity cases are

cases, allowing NO BAIL to the accused; taking

Who can help?

The Foot Note

The earlier generations of the SCST people

28 | Dr. R. N. Howal Facing Atrocities In Independent

We, the people of India & the world,

29 | Dr. R. N. Howal Facing Atrocities In Independent

The Indian Social System

be ranging from 5000 to 15000. The castes are again

the concept into the reality, at a time, and that too, to

only one group of Sanskrit-Speaking people, who

animocity, absence or inadequacy of instruments of

system, it is obvious that they were not at all present as

inequality based Brahminic culture & continued to

a golden chance to raise high & escape from the

the things, the Indian people know today, about