Despite the implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (PoA Act) in 1989 and its subsequent amendments, caste-based violence remains rampant in India. Dalit communities continue to face extreme oppression, with incidents of murder and rape occurring daily.
However, the conviction rate for such crimes remains abysmally low. According to the National Crime Records Bureau (NCRB), from 2014 to 2022, a total of 57,582 cases of crimes against Dalits were registered under the PoA Act. This investigative report about dalit atrocities delves into the reasons behind the prevalence of caste-based violence and the systemic failures in India’s judicial and law enforcement systems.
Background of Caste-Based Violence in India
Legal Framework
The PoA Act was enacted in 1989 to prevent atrocities against Scheduled Castes and Scheduled Tribes and to provide for the punishment of such offenses.
The Act was amended in 2015 to strengthen its provisions. Key provisions of the Act include enhanced penalties for offenses against Dalits and Tribals, the establishment of special courts for trying cases under the Act, and the requirement for state governments to appoint officers to monitor the implementation of the Act.
However, implementation has been inconsistent. According to the NCRB, from 2014 to 2022, crimes against Dalits increased by 43%, with the highest increases observed in assault (from 108,856 cases in 2014 to 180,627 cases in 2022) and rape (from 2,163 cases in 2014 to 4,037 cases in 2022).
Social and Historical Context
Dalits, formerly known as “untouchables,” have long faced systemic discrimination and oppression under India’s caste system. Caste-based violence is not merely individual acts of brutality but a tool to reinforce and perpetuate the caste hierarchy.
Sexual violence against Dalit women, in particular, is often used to assert caste dominance and control. Research by the National Campaign on Dalit Human Rights (NCDHR) indicates that Dalit women are 1.4 times more likely to experience sexual violence than women from other castes.
Systemic Failures in Addressing Caste-Based Violence
Low Conviction Rates
Data from NCRB: From 2014 to 2022, the overall acquittal rate for cases tried in special courts was as high as 61.7%, with the highest acquittal rate (88.3%) for “Insult to the Modesty of Women.”
The acquittal rates for Assault (60.6%), Rape (63.1%), and Attempt to Rape (60.5%) were similarly alarming. In contrast, the conviction rate was only 34.09% for Rape and 30.26% for Assault on women with intent to Outrage her Modesty. According to the NCRB’s 2022 report, Uttar Pradesh reported 15,368 cases of crimes against Scheduled Castes (SCs), marking a 16% increase from 13,146 cases in 2021.
Rajasthan followed with 8,752 cases, and Madhya Pradesh reported 7,733 cases. Bihar accounted for 6,509 cases. In 2022, a total of 57,582 cases of crimes against SCs were registered nationwide, an increase of 13.1% from 50,900 cases in 2021. The crime rate rose from 25.3% in 2021 to 28.6% in 2022. Among crime categories, the highest number of cases was registered under “Simple Hurt” (18,428 cases, 32.0%), followed by “Criminal Intimidation” (5,274 cases, 9.2%) and the PoA Act (4,703 cases, 8.2%).
Judicial Inefficiencies: The high pendency rate in special courts further exacerbates the issue. From 2014 to 2022, the overall pendency rate was 91.09%, with the highest pendency rates for Attempt to Rape (93.17%) and Kidnapping and Abduction of Women to Compel her for Marriage (92.84%). The high pendency rate reflects the serious shortcomings in the judicial system, directly impacting justice for Dalit women and discouraging survivors of caste and gender-based violence from seeking justice.
Police and Judicial Bias
Delayed Registration of FIRs: In many cases, police delay the registration of First Information Reports (FIRs) or fail to properly investigate crimes against Dalits. For example, in the Hathras case in Uttar Pradesh, the police initially delayed registering the FIR and mishandled the victim’s body.
The family was locked in their home under the guise of protection, and the police officers responsible for the forced cremation of the victim were never held accountable. On August 18, 2024, in Ambedkar Nagar, Uttar Pradesh, a 21-year-old gang-rape survivor ended her life after UP Police denied lodging an FIR against three men for the crime and coerced her father into misreporting the complaint.
The father of the victim revealed that his daughter had gone missing from their home on the evening of August 16. He immediately went to the local police outpost to file an FIR, but the Police refused to lodge it and forced him to change the complaint. On August 18, the victim’s younger sister discovered her hanging in her room. The devastated father reported to the police that his daughter had felt humiliated and abandoned due to the authorities’ lack of response.
Insensitivity of Judicial Institutions: The judiciary often exhibits insensitivity toward caste and gender-based violence. In some cases, judges fail to recognize the intersectionality of caste and gender, leading to inadequate sentencing and lenient treatment of offenders. For instance, in the Unnao case, the victim’s family faced threats and intimidation, and the police failed to provide adequate protection. The victim was later set ablaze by the accused. The case drew widespread attention, exposing the systemic failures in India’s judicial and law enforcement systems.
Case Studies
Case Study 1: Hathras Case
On September 14, 2020, a Dalit woman was gang-raped in Hathras, Uttar Pradesh. Her family found her bleeding and severely injured in a field. The police delayed registering the FIR and mishandled the case. The victim later died from her injuries. On September 30, her body was cremated by the police without the family’s consent, and the family was barred from communicating with the outside world.
The Central Bureau of Investigation (CBI) had to intervene to investigate and file charges under the PoA Act and the Indian Penal Code (IPC) against the four accused. However, the police officers involved in the forced cremation were never held accountable.
Case Study 2: Unnao Case Dalit Atrocities
In 2019, a Dalit woman in Unnao, Uttar Pradesh, was gang-raped. The victim’s family faced threats and intimidation, and the police failed to provide adequate protection. The victim was later set ablaze by the accused. The case drew widespread attention, exposing the systemic failures in India’s judicial and law enforcement systems.
Case Study 3: Asghat Massacre and Dalit Atrocities
The Asghat massacre in Maharashtra in 2016 involved the murder of a Dalit family by caste Hindu villagers. The victims were accused of cow slaughter, a claim that was later proven false. The incident highlighted the vulnerability of Dalit communities and the failure of law enforcement to protect them. Despite widespread condemnation, the perpetrators received only nominal sentences.
Case Study 4: Gujarat Dalit Atrocities
As many as 9,178 cases of crimes against Dalits were registered in Gujarat over seven years from 2015. In 2021, there were 21 cases of attempted murder, 120 cases of rape, and 69 cases of assaults on Dalit women.
The families of two Dalit brothers, allegedly killed by members of the Kathidarbar community in Samadhiyala village in Gujarat’s Surendranagar district, protested outside the hospital and claimed their bodies after more than 40 hours.
This was after the police agreed to provide the family with protection in their agricultural field and during court hearings, as well as a fast-track trial in the case.
Plights As Quoted By Dalit Atrocities Survivors
Mother of a Dalit Rape Survivor: “My daughter was raped, but the police refused to register the FIR and threatened us. We felt completely hopeless and abandoned. The system is biased against Dalits, and we have no way to seek justice.”
Dalit Activist: “Dalit women and girls face dual discrimination due to their caste and gender. They are the most vulnerable yet the least protected. The government and judiciary are failing to fulfill their responsibilities.”
Quotes About Dalit Atrocities From Organizations
All India Dalit Mahila Adhikar Manch (AIDMAM): AIDMAM has documented numerous cases of violence against Dalit women and girls. They emphasize that the lack of disaggregated data on crimes against Dalits makes it difficult to fully understand the extent of the issue. The organization calls for stricter implementation of the PoA Act and greater accountability from law enforcement agencies.
National Campaign on Dalit Human Rights (NCDHR): NCDHR highlights that caste-based violence is deeply rooted in India’s social structure. The lack of effective legal enforcement and judicial bias allow such crimes to persist. The organization urges the government to adopt a comprehensive approach to address caste-based violence.
Quotes From Legal Experts About Dalit Atrocities
Advocate K. Parameshwar: Parameshwar points out that the government’s failure to effectively implement the PoA Act over the past 7-8 years constitutes a “Constitutional Tort.” The lack of accountability and lenient sentencing for offenders have emboldened perpetrators of caste-based violence.
Professor Sukhadeo Thorat: Thorat notes that caste-based violence is a systemic issue that requires legal, social, and economic reforms. The government must enhance the capacity of law enforcement agencies and judicial institutions and ensure fair and equal protection of the law for Dalits.
Comparative Insights from Other Countries About Dalit Atrocities
South Africa
South Africa also has a history of racial and caste-based discrimination. During apartheid, the Black population faced severe oppression. After apartheid, the South African government implemented a series of anti-discrimination laws and policies, such as the Promotion of Equality and Prevention of Unfair Discrimination Act. The government established specialized courts to handle cases of racial and gender-based violence and provided training for law enforcement and judicial personnel to enhance their sensitivity to such issues.
United States
The United States has long struggled with racial discrimination. The Civil Rights Movement prompted the government to enact anti-discrimination laws, such as the Civil Rights Act of 1964. The U.S. Department of Justice established specialized agencies to investigate and prosecute cases of racial and gender-based violence. Additionally, community organizations play an active role in advocating for the rights of marginalized groups and holding the government accountable.
Australia
Australia’s indigenous communities have also faced discrimination and violence. In recent years, the Australian government has implemented the National Aboriginal and Torres Strait Islander Health Plan and other policies to improve the health and wellbeing of indigenous peoples. The government has also established specialized courts and provided cultural training for law enforcement and judicial personnel to enhance their understanding of indigenous issues.
Policy Recommendations and Outlook to Stop Dalit Atrocities
Strengthening Legal Implementation
Rigorously Enforce the PoA Act: The government must ensure strict implementation of the PoA Act, addressing procedural flaws and enhancing transparency in the execution of schemes. Dalit individuals must be provided with adequate support and guidance to access benefits under various schemes. For example, the government could establish dedicated help desks and hotlines to assist Dalit victims in navigating complex procedures.
Amend the PoA Act: The Act should be amended to include more specific provisions for monitoring and evaluating schemes. It should also provide for stricter penalties for non-compliance. For instance, the Act could establish clear timelines and accountability mechanisms for the implementation of various schemes.
Improving Judicial Efficiency
Establish Special Courts: Increase the number of special courts for trying cases under the PoA Act and ensure they are staffed with experienced, sensitive, and senior judges and public prosecutors. Special courts should prioritize cases of violence against Dalit women and girls to expedite justice.
Strengthen Judicial Training: Provide regular training for judges and judicial personnel on caste and gender issues to enhance their sensitivity and understanding of caste-based violence. Training should focus on the intersectionality of caste and gender and the proper application of the PoA Act.
Enhancing Police Accountability
Strengthen Police Training: Regularly train police officers on the provisions of the PoA Act and caste-based violence issues to improve their ability to handle such cases. Training should emphasize the importance of promptly registering FIRs and conducting thorough investigations.
Establish Accountability Mechanisms: Set up independent oversight bodies to monitor police conduct and investigate complaints of police misconduct. Police officers who fail to properly register FIRs or mishandle cases should face disciplinary action.
Conclusion
Caste-based violence remains rampant in India, with Dalit communities facing daily oppression and injustice. The low conviction rates and high pendency rates in cases of caste-based Dalit atrocities violence reflect systemic failures in India’s judicial and law enforcement systems.
This investigative report about Dalit Atrocities highlights the root causes of caste-based violence and offers policy recommendations to address the issue. Strengthening legal implementation, improving judicial efficiency, and enhancing police accountability are essential steps to protect the rights of Dalits. By adopting a rights-based approach and involving Dalit communities in decision-making processes, India can create a more inclusive society where Dalits can live with dignity and equality.
Below are the citations and references for this report:
- Times of India: Thrashed, Stabbed, Set Ablaze: Rape Survivor Runs for Help in a Ball of Fire
- The Indian Express: Rising pendency, falling convictions: what data on SC/ST Act trials showGirls Reflect Government’s Poor Response to Atrocities Against Dalit Women and Girls
- National Crime Records Bureau: Crime in India 2022 Statistics
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