"Efficacy of that scheduled caste and

the Scheduled tribes

Prevention of Atrocities Act 1989
 STATEMENT OF PROBLEM

In spite of having various legislations viz. Article 17 of the Indian constitution article 14, 15 (4), 16(4), 46, 330, 332 , 366 Untouchability Offence Act
1955 later renamed as Protection of civil liberties act in 1976 to some extent benefits given under above cited legislative provisions have been availed
by people of SCs & ST as a result tremendous advancement have been made by people of SCs & STs in social economic political & educational field,
yet the discrimination based on the caste is so deep rooted & they are continuing to subject to the humiliation indignities. The effectiveness of above
cited legislations can be best revealed Mangle v. State that some high courts are too liberal on the side of the accused and are lenient in punishment
than subordinate courts. If such a person is prevented from exercising his rights under this section of the ground of untouchability an offence under this
section is complete. The High Court, on appeal, reversed the decision of the subordinate ground that the complainant was not a SC but a Buddhist, and
that it was not shown by the prosecution that the act in question was committed by the accused in relation to the complainant as a member of the SC.
The High court failed to ask the question. Why the complainant was insulted, humiliated and prevented from participation in a social procession. There
may be many other examples showing leniency of the courts in the matter of convicting the accused.
The plight of these people are so much that people don’t want to get them associated with these people. Moreover like other social legislation such as
dowry. Pre-natal sex determination, consumer protection huge campaigning is done to make people aware and to sensitize the masses, but none is
case of SCs & STs prohibition of atrocities Act, particularly when people of this section are largely illiterate & ignorant. It is to be noted that this section
faces discrimination in all ages. Earlier they were discriminated because they were culturally backward, illiterate, unhygienic, engaged in menial work,
now they are discriminated because people are not ready to accept the change, seeing their elevated position in the society , as per NHRC in its 2002
report :
The number of charge sheet under SCs and STs POA was53.04%
22.54%of cases closed after investigation
24.42%pending at the end of this year
The annual report of Ministry of Social Justice and empowerment2002 out of total case 21.72% were disposed of, 2.31 ended in conviction number of
acquittal is six times more than number of conviction. The PM speech of September 7 2009 also highlighted the gravity of the situation as the
conviction rate for the cases of atrocities against SCs and STs is less than 30 %against the average of 42% for all cognizable offence under IPC.
OBJECTIVE OF THIS STUDY

The objective of this paper is to find out, whether the said law is in knowledge of people, whether the act is approachable,
whether the atrocities mentioned under the act the sufficient to cope up every instance of atrocity. An attempt is made to find
out the new facets of atrocities and also the reasons for the atrocities. An attempt is also made to take the estimate of its
efficacy from the perspective of upper caste on one hand and SCs on the other. Through the medium of this paper an attempt
is made to find out the response of police, in matter in registration of complaint also the relief provided in the act.
HYPOTHESIS

Whether the said enactment is coming to the rescue of people for whom it is meant?

Hence to determine the efficacy the said law the following hypothesis is designed

There are two variables in this hypothesis they are:

Dependent variable: nature of atrocities & schemes provided in the legislation.

Independent variable: Legal protection under act.

SAMPLING

Sampling has been done in two stage. Stage-I question were asked from general masses in stage-II questions
asked from people essentially belonging to SC community. As data is requisite one which is essentially to be
collected by field survey, hence the universe of subject is people belonging to age group of 20-60 years.
Residing in NCR – (Delhi-Trilokpuri, NOIDA- Sector 51 Morna village
METHODOLOGY

This study being a non doctrinal one, the method used is interview schedule & observation. The question put to people are
structural question contained both open & close ended to elicit the correct response to interview. The research is two fold first
part forming the background with a quick recapitulation of already available, material in form of legislature & Judicial approach.
Second part consists of response to the questionnaire given to the people in age group of 20 – 60 yrs.

As this study is non Doctrinal one and is to be carried out in a very limited time with an intention to collect most authentic data,
the method chosen for this purpose is interview schedule and observation. Structured questions both open ended as well as close
ended are used to collect the opinion of the respondent. The interview schedule has been annexed with this report. For this
purpose, the interview schedule was designed as follows:

1. One standard interview is used for every respondent.

2. Name, age, Education and Address are left optional to the respondents because the same are not considered relevant for the
study.

3. After eliciting opinions of the respondent of the respondents a statistical comparison is to be made to separate “yes” and “no”
in relation to the topic of the study. Tabulation and the subsidiary interpretation of collected data in the form of answers of the
open ended questions follow.
Ques:1) Do you believe in caste system?

Caste system

22%
Yes

No
50%

Do not want to
28% respond

Large number of people didn’t want to reply can we presume silence amounts to admission and on the basis of it can we say
that discrimination and atrocities are latent one which are not covered under the act.
Ques:2) How caste do find violence is manifested in actions?

Violence

20%
30% Verbal
Physical abuse
Social discrimination
10% All of the above
40%

The people who observe verbal abuse are servants, maid, sweepers, insulting them calling them by
name is common phenomenon physical abuse are not so common.
Ques:3) Do you know about legal protection in respect of SCs ?

50
92%
45
40
35
30
50
25 45
20
15
10
5 8%
4
0
Yes No Total

Person Percentage

People are not aware of the statute as such but they know that calling them by caste name is punishable offence and what else they know is that they have been
given reservation facility in jobs and that’s it.
Ques:4) Are you aware of punishment structure under the act?

Punishment

6%
18% Six months
Two years
Seven years
More than seven years
76%

People responded for six months it shows their approach how

lightly they take this offence.
Ques:5) Do you know about the SCs &STs protection of atrocities act? If yes then how? If yes,
through what source.

SCs &STs protection of atrocities

act

4%

Yes
No

96%

Most of the people know they are protected but by what law
they don’t know
Ques:6) Do you fell act is approachable & relief provided under act- is sufficient in proportion to the
atrocities inflicted on them. If not suggest some measures.

8%

Yes
No

92%

Poverty and illiteracy is biggest stumbling block in exercising their right.

The measures to contain the discrimination based upon the caste
•Education
•Awareness about the act
•Strict implementation of laws
Govt. should make localities concentrated by these community hygienic so, that people don’t feel awkward in
commuting and inter mingling
FINDING AND INFERENCE; -

On analyzing the data the hypothesis stand proved in case of a people who are poor because they are venerable and the atrocities
mentioned under the act are not sufficient to cope up the change act of the atrocities. It also stand to proved that people are
acquainted and admits the act of atrocities mentioned under the act thought they are not aware of the act by its name. By
conducting field survey a few important facts came into light which deserves worth mentioning. These are as follows:-

It is crystal clear that people are not well aware about this law but they know that any such act will not be strictly applied

People admit that there is castes discrimination but it is not always voluntary they had to follow because of traditions particularly in
matter of marriage.

Almost 50 respondent feel that in near future inter caste marriage will take place.

Higher degree of discrimination is practiced when the people are illiterate and poor.

60% of respondents admits that not legislation are not strictly implemented.

Divide between the community is so, that even people belonging to SC community don’t want to intermingle with other castes.
Thank you