Union Government Releases 2022 Atrocities Report

Context:

The union government has published a new report detailing the state of atrocities against Scheduled Castes in the year 2022 under the framework of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Key Findings of the Report on Atrocities Against SCs and STs
2. Reasons for Crime Against SC and ST Communities
3. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Key Findings of the Report on Atrocities Against SCs and STs:

• Case Statistics:
  • In 2022, there were 51,656 cases of atrocities against Scheduled Castes (SCs) and 9,735 cases against Scheduled Tribes (STs).
  • 97.7% of SC cases and 98.91% of ST cases were concentrated in 13 states.
• States with the Highest Incidents:
  • For SCs (Six states accounted for nearly 81% of the cases):
    • Uttar Pradesh: 12,287 cases (23.78%)
    • Rajasthan: 8,651 cases (16.75%)
    • Madhya Pradesh: 7,732 cases (14.97%)
    • Bihar: 6,799 cases (13.16%)
    • Odisha: 3,576 cases (6.93%)
    • Maharashtra: 2,706 cases (5.24%)
  • For STs:
    • Madhya Pradesh: 2,979 cases (30.61%)
    • Rajasthan: 2,498 cases (25.66%)
    • Odisha: 773 cases (7.94%)
    • Maharashtra: 691 cases (7.10%)
    • Andhra Pradesh: 499 cases (5.13%)

Charge Sheets and Investigations:

• SC-related Cases:
  • Charge sheets were filed in 60.38% of cases, while 14.78% were concluded with final reports due to false claims or lack of evidence.
• ST-related Cases:
  • Charge sheets were filed in 63.32% of cases, while 14.71% were concluded with final reports.
• By the end of 2022, 17,166 cases involving SCs and 2,702 cases involving STs were still under investigation.

Conviction Rates:

• The conviction rate under the Act has dropped from 39.2% in 2020 to 32.4% in 2022, reflecting a concerning decline in judicial outcomes.

Infrastructure Deficiencies:

• Out of 498 districts across 14 states, only 194 districts have established special courts to expedite trials for atrocities against SCs and STs.
• Some states, including Uttar Pradesh, have not adequately identified atrocity-prone areas, despite having high numbers of cases.

Protection Cells:

• SC/ST protection cells have been set up in several states and union territories, including Andhra Pradesh, Assam, Bihar, Gujarat, Tamil Nadu, and others, along with Delhi, Jammu and Kashmir, and Puducherry.

Reasons for Crime Against SC and ST Communities:

• Caste Hierarchies:
  • Deep-rooted caste systems perpetuate discriminatory practices, leading to social exclusion and violence against SC/ST communities based on their caste identity.
• Land Ownership Conflicts:
  • SC/ST communities, historically deprived of land ownership, often face conflicts over land access with dominant castes.
• Limited Access to Resources:
  • Restricted access to education, employment, and economic resources makes SC/ST groups more vulnerable to exploitation and violence.
• Disproportionate Influence:
  • Dominant castes often wield political and social power, enabling them to enforce discriminatory practices without fear of legal consequences.
• Weak Law Enforcement:
  • Although laws like the SC/ST (Prevention of Atrocities) Act exist, weak enforcement, along with police and bureaucratic bias, often limits justice for victims of caste-based violence.
• Political Exploitation:
  • Caste tensions are sometimes worsened by political actors who exploit these divides for electoral gains, leading to polarization and conflict within communities.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:

• The Act was enacted to protect Scheduled Castes and Scheduled Tribes from caste-based discrimination and violence, reinforcing the provisions of Articles 15 and 17 of the Indian Constitution.
• The legislation builds upon earlier laws like the Untouchability (Offences) Act, 1955, and the Protection of Civil Rights Act, 1955, aimed at abolishing untouchability and discrimination based on caste.

Key Provisions of the Act:

• Defined Offenses: The Act categorizes acts of physical violence, harassment, and social discrimination against SC/ST individuals as “atrocities,” subject to stringent legal penalties.
• Legal Framework:
  • The Central Government crafts the implementing rules, while State Governments and Union Territories provide local enforcement.
  • Special courts and SC/ST Protection Cells, led by senior police officers, are established for efficient case handling and trials.
  • Investigations must be led by officers at least at the Deputy Superintendent level and completed swiftly within a set timeframe.

Legal Protections and Bail Conditions:

• Anticipatory Bail Restrictions: Section 18 bars the application of anticipatory bail for accused under this Act, as outlined in Section 438 of the Code of Criminal Procedure.

Victim Support and Rehabilitation:

• The Act includes provisions for the relief and rehabilitation of victims, offering financial compensation, legal aid, and other support services.

Recent Amendments to Enhance Protections:

• 2015 Amendment: Introduced tougher provisions and broadened the definition of offenses to include actions like garlanding with footwear, forced manual scavenging, social or economic boycotts, and other forms of ostracism.
• Offenses Added:
  • Sexual exploitation and unauthorized physical contact with SC/ST women.
  • Outlawing traditional practices such as dedicating SC/ST women as devadasis.
• Public Accountability: Imposes penalties on public servants who fail to perform their duties in protecting SC/ST rights.
• 2018 Amendment: Simplified the arrest process by removing the requirement for Senior Superintendent approval before detaining an accused.

Scope Limitation:

• Intra-community Offenses: The Act does not address offenses committed within the SC/ST communities against each other.

Challenges associated with the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:

Resource Limitations:

• These courts often struggle with insufficient resources and infrastructure, affecting their functionality and efficiency.
• There is a notable backlog and slow processing of atrocity cases, which can extend beyond the intended scope of the SC/ST Act.

Victim Support and Rehabilitation:

• The Act provides limited and unclear details on the rehabilitation of victims, primarily focusing on social and economic support without concrete measures.
• Victims often encounter physical, psychological, and social challenges. There is a crucial need for more detailed and comprehensive rehabilitation strategies to aid victims towards economic self-sufficiency.

Awareness and Training:

• Both beneficiaries, including victims and law enforcement personnel, frequently lack sufficient understanding of the Act’s specific provisions.

Legal and Misuse Concerns:

• The Act includes provisions for warrantless arrests and non-bailable offenses, which have occasionally led to misuse.
• The broad and stringent nature of the law has led to concerns about false accusations and harassment, particularly impacting individuals from non-SC/ST backgrounds.

Coverage of Offenses:

• Certain crimes that lead to atrocities, such as blackmailing among SC/ST communities, are not explicitly addressed within the Act.
• The current definition of atrocities may not fully cover all forms of abuse experienced by SCs and STs, suggesting a need for legislative amendments to include a broader array of crimes.

-Source: The Hindu