EVALUATION OF THE PROTECTION OF

CIVIL RIGHTS ACT, 1955

AND ITS IMPACT ON THE ERADICATION OF

UNTOUCHABILITY

A STUDY BY THE CENTRE FOR THE STUDY OF CASTEISM,

COMMUNALISM AND THE LAW
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY , BANGALORE

SUPPORTED BY
MINISTRY FOR SOCIAL JUSTICE AND EMPOWERMENT
GOVERNMENT OF INDIA, NEW DELHI

NATIONAL LAW SCHOOL OF INDIA UNIVERSITY

NAGARBHAVI, BANGALORE – 560 242
TABLES
2.1 Respondents 8
2.2 Sample Households 10
5.1 The caste and economic status of the perpetrator 55
6.1 Whether want to go to temple 69
6.2 Prohibition of entering Temple 69
6.3 Taking part in the activities of temples 70
6.4 Who acts as purohit while performing marriages 71
6.4 (a): Whether Dalits are prohibited from temple activities 72
6.5 Taking marriage processions 72
6.6 Walking in upper caste vicinity during marriage procession 73
6.7 Funeral procession 74
6.8 Religious processions of deities 75
6.8 (a) Marriage processions in non-dalit localities 75
(Survey in non-dalit households)
6.9 Calling by caste names. 77
6.9(a): Are dalits supposed to carry their own plates 79
6.9(b) Are dalits supposed to wash the plates used by them 79
6.10. Entering the main street 82
6.11 Wearing of sandals 83
6.12 Talking with folded hands 84
6.13 Standing up in respect in front of dominant caste 84
6.14 Sitting at a lower level 85
6.15 Reaction of Respondents to untouchability practices 86
6.15(a) Acceptance into their house 87
6.16 Caste, which does not allow in their house 88
6.16(a) If Dalits are allowed entry, how far can they enter the house 88
6.17 Served food and water in non-dalit houses 89
6.18 Serving with segregated vessels 90
6.18(a): Are dalits served food and water in segregated vessels 90
6.18(b): Dalits served food in their towels or upper garments 91
6.18(c): Do non-Dalits pour drinking water into the hands of dalits 92
6.19 Walking at a distance 93

ii
6.20 Do other caste people will invite 94
6.20.1 Inter-dining 95
6.20.2: Are Dalits prohibited from participating in temple activities 95
6.21 Sources of water for the respondents 96
6.22 Drinking facilities 97
6.22.1: Whether Dalits are allowed to avail the services of 98
other public sources of drinking water
6.22.2 Is there a separate drinking water facility for dalits 99
6.23 Why do they go to school 102
6.24 Private school or Govt. school 103
6.25 Children are asked to sit at the back of the class 104
6.25(a) Whether dalit children have entry into village school 104
6.26 Children allowed having food with other children 105
6.27 Public library in the village 106
6.28 Woman walking at a distance 108
6.28 Action Aid Table on Market Discrimination 110
6.28(a) Whether there are any Dalit Teachers in schools 111
6.29 Reason for not going to hotel 112
6.30 Serving food outside the hotel 113
6.31 Location of the Shop 114
6.32 Touching and choosing items 114
6.33 Selling of products 115
6.34 Respondents stand outside the shop while purchasing 116
6.35 Village Dhobi gives laundry services 117
6.36 Using Separate instruments 118
6.37 Entry into the Saloons. 119
6.38 Services that respondent and people from respondent 121
caste perform
6.39 Mode of Payment 122
6.40: Difference in lease rates and conditions 123
6.41: Does employer keep money on the floor or throw into 123
your hands to avoid touch

iii
6.42: Standing outside the field 124
6.43 Taking water from wells and ponds 125
6.44: Sit separately while taking lunch 126
6.45: Showing the accessibility of water from public source 126
6.46 Maids working in other caste houses 127
6.47 Differentials in the wages offered to a dalit daya and a 128
non-dalit daya
6.48 Maid allowed entering the house 129
6.49 Prevented from exercising respondent’s right to vote 130
6.50 Compelled to vote only after the other castes finish their turn 130
6.50.1: Do Dalits have the freedom and liberty to participate in 131
the political activities of the village
6.50.2: Whether Dalits are prevented from contesting in elections 132
6.50.3: Are dalits prevented from exercising their right to vote 132
6.50.4: Are Dalits given segregated seating arrangement in 133
the meetings of the village panchayat
6.50.5: Are Dalit representatives served food and drinks in 134
segregated vessels
6.50.6: Do dalits participate in the meetings of the Grama Sabha 135
6.50.7: Are Dalits prohibited from participating in the 135
meetings of the Grama sabha
6.51 Given segregated seating arrangement in the meetings of 136
the village panchayat
6.51.1: Have Dalits contested and won in constituencies 137
which were not reserved for Dalits
6.54 Respondents participating in the meetings of 138
the Grama Sabha
6.54 (a): Whether Dalits are invited to be the president of all 139
official functions within the jurisdiction of the village panchanyat
6.54 (b): Do dalits participate in the meetings of the Grama sabha 140
(Village Assembly)
6.52 Facilities and schemes meant for the Dalits 140

iv
6.52(a) What facilities and schemes meant for the Dalits 142
6.53 Reaction to these practices 143
6.55 Respondent addressed by their caste name 143
6.55(a): How do witnesses respond to the trial 158
6.55(b): Do the witnesses turn hostile resulting in acquittal 159
of the accused (DPPs)
6.55(c): Whether witnesses turn hostile resulting in acquittal 159
of the accused (survey amongst judges)
6.55(d): Why do witnesses turn hostile? (data from judges) 160
6.55(e): The cases that end in compounding (DPPs) 164
9.1: Whether civil remedy is desired to strengthen PCRA 196

10.1 Cases Registered under the PCRA 199

10.2 Disposal of Cases by Courts 200
10.3 Statement showing Cases Registered by Police 202
10.4 – 10.8 Access and Awareness of PCRA 203 – 210
10.9 – 10.13 (a): Would the situation would be different 211 - 216
if the SCs are politically organized / economically empowered?
10.14 Implementation Schemes 217
10.15 Special Courts 218

v
 PREFACE

National integration is the process of unifying people from various strata of the
society through the legal and non legal mechanisms and thus enabling them to
participate in and contribute towards the national building process. Need for
social mobility of the downtrodden classes (primarily Scheduled Castes/
Scheduled Tribes) and their upliftment has been a major concern for the
Government of India in achievement of this goal. Socio-economic backwardness
of the Scheduled Castes (SCs) and Scheduled Tribes (STs) makes them
vulnerable to unequal treatment in social life and challenge to the same is meted
out with atrocities against them. Both legal and non legal measures are resorted
to by the concerned people to bring an end to this bleak situation.
The aim of this study was to ‘Evaluate the Impact of the Protection of Civil Rights
Act (PCRA), 1955’. The PCRA had the primary objective of enforcing the
sanction of Article 17 of the Constitution of India by achieving the eradication of
untouchability. The need for this evaluation arises out of a pervasive sense of the
failure of the Act, given the undisputed fact that untouchability continues to exist.
Also the enactment of Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act (PoAA), 1989 with the objective to punish atrocities committed
against SCs and STs is relevant to the debate on the efficacy of the PCRA.
Reports of the National Commissions for Scheduled Castes (SCs) and
Scheduled Tribes (STs) (official statistics) during the 1990s show a remarkable
drop in the registration of offences under the PCRA in the 1990’s reports of)
While this is sometimes linked to the enactment of PoAA, the different subject
matters of the two legislations do not lend logical support to this view. The Study
was undertaken to evaluate the impact of the PCRA and suggest changes, if any,
to the legislative and administrative framework so that the constitutional promise
of eradication of untouchability is fully realised.
The primary problem that a researcher encounters in such an inquiry is that the
vastness and diversity of India renders empirical regional studies, even though
relevant for formulating local conclusions, insufficient for national policy making.
Given the limitations, the study required either a comprehensive research

vi
throughout the length and breadth of the country, or it can rely upon diverse
samples from different parts of the country and hope that it approximates to
national trends.
Another vital problem in this impact analysis is that the legislation is only one of
the interventions towards eradication of untouchability, in conjunction with others
like reservation policy, land reforms etc. An exclusive analysis of how much
effect the PCRA alone has had, therefore becomes difficult and inadequate.
While it is methodologically difficult to overcome this problem, the researcher
needs to be conscious of this limitation.
The third problem encountered in this analysis is that of the meaning of ‘impact’
itself. Different perspectives will have different answers to what impact of the
legislation entails, and consequently, how it needs to be measured.
With these issues in mind a comprehensive research design was evolved and
executed. Extensive research and analysis has been undertaken. We sincerely
hope that the study has made significant beginnings in answering the research
questions that were the mandate of the study. The end product of the study is the
result of contribution of several people and organizations. We express our
profound gratitude to each one of them. We are especially thankful to the Ministry
of Social Justice and Empowerment, Government of India, for providing financial
assistance and support. (see acknowledgements)

S. Japhet
Additional Professor
Project Director
Faculty Co-ordinator
Centre for the Study of Casteism, Communalism and the Law (CSCCL)
National Law School of India University (NLSIU
Nagarbhavi, Bangalore 560 242

vii
 FOREWORD
We, in India are good in articulation and conceptualization, but our track record in
implementation has been very poor. Our Constitution, as a social document,
places a great deal of emphasis upon the removal of untouchability and various
other social evils. A number of steps have been initiated from time to time to
combat these evils. We have registered some success but it is far too inadequate
especially in the context of fast changing social scenario.

A serious attempt has been made in the present study to ‘Evaluate the Protection
of Civil Rights Act, 1955 and its Impact for the Eradication of Untouchability’. It is
our earnest hope that it would contribute to the national understanding of the
problem and thereby to the solution. My colleague Dr. S. Japhet, who heading
the Centre for the Study of Casteism, Communalism and Law (CSCCL), carried
out this study by enlisting the support of a quite a few people both within and
outside the NLSIU.

The Centre for the Study of Casteism, Communalism and Law (CSCCL) which
was established at the National Law School of India University (NLSIU) to focus
upon the socio-economic problems of the weaker sections, had also successfully
completed the study of ‘Working of the Designated and Exclusive Special Courts
under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989, commissioned by the Ministry of Social Justice and Empowerment,
Government of India.

We are grateful to the Ministry of Social Justice and Empowerment, Government

of India for providing the financial assistance and support and look forward to
continue this association for similar kind of endeavours in future as well.

A. Jayagovind
Vice Chancellor
National Law School of India University (NLSIU)
Nagarbhavi, Bangalore 560 242

viii
 ACKNOWLEDGEMENTS

We would like express our profound thanks to the Ministry of Social Justice and
Empowerment, Government of India, New Delhi for providing financial assistance
for this research project. Our special thanks to the Hon’ble Minister, secretary,
Joint Secretary, Additional Secretary, Deputy Secretary, Director, Assistant
Director and other staff of the Ministry for their constant guidance and support.
Our thanks to Prof. A Jayagovind, Vice Chancellor, NLSIU, who has always been
our source of inspiration and encouragement.

We wish to express our special thanks to the following who have contributed in
various capacities for the conduct and completion of the study. Mr. Sudhir
Krishnaswamy, for his assistance at various levels, Ms. Nimisha Kumar, for her
valuable analysis of the case law and selected literature, Mr. Mrinal Satish,
Assistant Professor and Ms. Aparna Chandra, Law Associate, National Judicial
Academy, Bhopal, for going through the draft report and providing additional
inputs, Ms. Sanhita Ambast and Ms. Srjoni Sen (IV year B.A.LL.B., Hons.),
NLSIU for providing additional research support, Mr. Raghavendra P.S. for his
assistance in formulating the tools for data collection, Prof. Jogan Shankar,
Professor of Sociology, Mangalore University, and his team for processing and
tabulating the field data.

Our special thanks to the following students who worked as field investigators for
generating extensive data: Mr. Kota Chandan and Mr. Praneeth R. (Andhra
Pradesh), Ms. Divya D., Ms. Kavya Chand and Mr. Vikas N.M., (Karnataka), Mr.
Devjanjan Mishra (Madhya Pradesh) Ms. Shalini Iyengar and Ms. Preeta Dhar
(West Bengal), Mr. Madhav Kanoria and Mr. Amit Lubhaya (Rajasthan), Mr.
Yogesh Pratap Singh and Mr. Amit Yadav (Uttar Pradesh).

Our thanks to Dr. Neetu Sharma, Research Officer, Centre for Child and the Law,
NLSIU, for assisting the Project Director in looking after all the logistics of

ix
monitoring the field work, providing research assistance, editing and organizing
the report, maintaining communication links among all those involved in the
study. We wish to express our thanks to Mr. Ashwath Reddy, Finance Officer,
Mr. Balakrishna Reddy, Accounts Department, Ms. N. Pushpa, Administrative-in-
charge, Centre for Child and the Law, for their administrative support.

S. Japhet

Additional Professor
Project Director
Faculty Co-ordinator
Centre for the Study of Casteism, Communalism and the Law (CSCCL)
National Law School of India University (NLSIU
Nagarbhavi, Bangalore 560 242

x
 Table of Contents

List of Tables ii
Preface v
Foreword vii
Acknowledgements viii

I INTRODUCTION 1
II RESEARCH METHODOLOGY 6
i OBJECTIVE OF STUDY
ii RESEARCH QUESTIONS
iii RESEARCH DESIGN
iv SOURCES OF DATA
v RESPONDENTS
vi SAMPLING
vii DATA COLLECTION
viii LIMITATIONS
ix SIMILAR STUDIES
III LEGAL MANDATE 14
i PRE CONSTITUTIONAL DEVELOPMENTS
ii THE CONSTITUTIONAL GUARANTEE
iii POST INDEPENDENCE ENACTMENTS

IV THE LEGISLATIVE HISTORY OF THE PROTECTION OF 30

CIVIL RIGHTS ACT (PCRA), 1955
i UNTOUCHABILITY OFFENCES ACT
ii THE ELAYAPERUMAL REPORT
iii THE PARLIAMENTARY DEBATES

xi
V OBJECTS, STRUCTURE AND SCOPE OF THE PCRA 47
i LANDSCAPE OF THE PCRA
ii CONSTITUTIONALITY
iii DEFINITION OF UNTOUCHABILITY
iv APPLICABILITY OF THE PCRA
VI DISABILITIES UNDER THE PCRA 67
i RELIGIOUS DISABILITIES
ii SOCIAL DISABILITIES
iii REFUSAL TO ADMIT PERSONS TO HOSPITALS, ETC
iv REFUSAL TO RENDER GOODS AND SERVICES
v FURTHER OFFENCES ARISING OUT OF UNTOUCHABILITY
VII PROCESSES UNDER THE PCRA 150
i PROBLEMS WITH REGISTRATION OF FIR
ii PROCEDURAL LAPSES
iii PROBLEMS WITH WITNESSES
iv NON COMPOUNDABLE NATURE OF OFFENCES
VIII THE SUPPORTING INSTITUTIONAL INFRASTRUCTURE 164
i INSTITUTIONAL WEAKNESSES
ii POLICE
iii JUDICIARY
iv CENTRAL AND STATE GOVERNMENTS
v NON GOVERNMENTAL ORGANIZATIONS
vi MISCELLANEOUS
IX PUNISHMENT AND SENTENCING 186
i OTHER FORMS OF PUNISHMENT
ii CIVIL REMEDIES

xii
X IMPLEMENTATION OF THE PCRA 196
i REGISTRATION OF FIRS AND DISPOSAL OF CASES
ii AWARENESS PROGRAMS REGARDING THE PCRA
iii OTHER MEASURES TAKEN FOR THE IMPLEMENTATION OF THE PCRA
iv SPECIAL COURTS UNDER THE PCRA
XI IMPACT OF POA ON PCRA 231
i SCOPE OF THE LEGISLATIONS
ii HARD AND SOFT CRIME MODELS
iii COMPENSATION
iv SPECIAL COURTS
v ‘PUBLIC VIEW’ REQUIREMENT IN “INSULT” CASES
vi NON-MENTION OR INSIGNIFICANT TREATMENT OF PCRA IN OFFENCES
REGISTERED UNDER BOTH LEGISLATIONS

vii POSITION ON THE FIELD

XII RECOMMENDATIONS AND CONCLUSIONS 224
i CONCLUSIONS AND OBSERVATIONS ON THE BASIC SCHEME OF THE ACT
ii DEFINITIONS OF UNTOUCHABILITY
iii SCOPE OF THE PCRA
iv CONCLUSIONS WITH RESPECT TO SPECIFIC PROVISIONS

BIBLIOGRAPHY

ANNEXURES

Annexure I Tools for Data Collection

a. Information Inventory 240

b. Village background datasheet 241
c. Practice of untouchability questionnaire 243
d. Dalit household survey form 252

xiii
 e. Model questionnaire for victims 276
f. Model questionnaire for dalit leaders 281
g. Model questionnaire for special public prosecutors 285
h. Model questionnaire for judges 289
i. Model questionnaire for police 293

Annexure II Bare Acts and Rules

a. Protection of Civil Rights Act (PCRA), 1955 297

b. PCRA Rules, 1977 310
c. Scheduled Castes and Schedule Tribes 312
(Prevention of Atrocities) Act, 1989

d. POA Rules, 1995 320

xiv
I. INTRODUCTION

The practice of untouchability in Indian society is an attribute of the hierarchical

stratification of society into castes. On the one hand, the Vedic use the term
“varna” (colour) to denote caste seems to indicate that the caste system began
as a result of racial differences between people. On the other, the characteristic
feature of the caste system is also its categorisation of the pure and the impure
based on religious beliefs and division of labour. While many authors argue that
the concept of an untouchable caste did not exist in the initial stages of the caste
system,1 at some point in history, the concept of untouchability did become “a
historical cohort of the caste system, but not its essence.”2

Numerous policies and laws have been made over the years to tackle the issue
of untouchability. This Study attempts at studying one legislative attempt in this
regard, viz., the Protection of Civil Rights Act, 1955 (PCRA). The basic difficulties
of studying and improving the use of law as a tool of directed social change
results from the fact that law by itself is the only component of a large set of
policy instruments and usually cannot and is not used by itself.3 This caveat
should be kept in mind while dealing with the problem of untouchability. The
recommendations and suggestions made in this Study are solely in light of the
problems faced in the provisions and implementation of the PCRA. These
recommendations will have little effect if implemented in isolation, and without the
backing of other policy measures.

1
Srinivas, MN, “Collected Essays”, p. 161 (Oxford University Press, New Delhi; Dumont, Louis, “Homo
Hierarchicus: The Caste System and its Implications”, p. 67; Beteille, Andre, “Equality and Universality:
Essays in Social and Political Theory”, p. 64. However, it is important to note that some of the groups
which later became ‘untouchables’, such as Chandalas, find mention in the Laws of Manu (the ancient
Brahmin law giver) as well as in Buddhist texts. Gupta, Dipankar, “Interrogating Caste: Understanding
hierarchy and difference in Indian society”, p. 143
2
Beteille, id.
3
Friedmann, W., 1970, Law in Changing Society; Lloyd, Bennis, 1970, The Idea of Law, cited from, A. K.
Kapoor, Law and Scheduled Tribes, p. 178.

1
Historically the caste system formed the basis for social and economic
governance in India. This system is based on the division of people into social
groups with each group being assigned rights and duties that are determined by
birth and are hereditary. These rights and duties differ across various social
groups and are unequal and hierarchical. The system is maintained through a
rigid system of social and economic penalties.4 The distribution of rights and
obligations across the various groups is based on the notion of purity and
pollution. Linked to the concept is the idea of the superiority of the pure and the
inferiority of the unclean. The hierarchy in the order of the caste system stems
from this opposition between the pure and the impure whereby the pure and the
impure must always be kept separate. Similarly, the division of labour between
the pure and the impure occupations must be kept separate. The notions of
purity and impurity are based on the functions carried out by the various
categories and the food eaten by them. Scholars link the purity-impurity concept
to the beliefs in ahimsa and to the worship and non-killing of the cow (aghnya).5 It
is interesting to note that the cow is a symbol of purity as well as impurity. The
cow was revered while it was alive where even its body wastes were treated as
purificatory agents (in contrast to human wastes), whereas it became impure
after its death. The untouchables were supposed to remove the carcass of the
cow. Consequently, they made artifacts out of cow hide and ate beef. Such
functions and activities rendered them impure and hence untouchable. There are
other forms of impurity as well that result from body wastes and death. The
‘Chandala’ is said to have been on duty at cremation grounds and who lived on
men’s refuse.

The scope of the practice of untouchability has expanded from the twin notions of
purity and pollution to exclusion and restriction for the purposes of subjugation
and oppression. For example, practices like restrictions on wearing bright
clothes, etc, cannot be logically traced to notions of purity or pollution of certain
castes. Thus, the inferior status of the unclean castes is used to impose

4
National Campaign for Dalit Human Rights Report, p. 6
5
supra n. 3, p. 183

2
restrictions on their behaviour and to exclude them from various activities,
particularly those which involve them coming into physical or spatial contact with
the upper castes. Over the centuries, therefore, this categorization has worked
as a system for legitimizing the oppression of certain castes either for economic,
social or political gains, or merely as an accepted pattern of behaviour. The
following diagram depicts how the discrimination and oppression based on caste
hierarchy feed into a self-perpetuating system for entrenching social practices
and structures of deprivation:

3
 Philosophy of
graded inequality Intervention of
PCRA

Imposition of Exclusion
Discrimination Disabilities
and
Oppression

Commission of
Conscious/ Atrocities Restrictions
sub-conscious
biases

Entrenching and
systematizing
hierarchies Deprivation:
Denial of
Opportu-
nities to
overcome
discrimi-
nation and
oppression

Figure: Reproduction of Hierarchies and entrenchment of discrimination

against oppressed groups.

It is trite to say that law is an important tool for social change. Through its
systems of incentives and deterrents, law plays a pivotal role in shaping public
opinion, and this is the first step towards moving away from deeply entrenched
values and mores which have lost their justification in present-day society.
Keeping this in mind, this Study will first examine the legal responses to
untouchability from pre-British times up to independence, and then examine the
legal framework for combating untouchability following the enactment of the

4
Constitution. It will focus on the working and implementation of the Protection of
Civil Rights Act (PCRA), 1955, and will discuss issues pertaining to the
substantive content of the Act as well as the institutional setup for
operationalizing the Act. This report has made use of data collected through a
field study (discussed in detail in the chapter on research methodology) as well
as other secondary sources on this issue.

5
II. RESEARCH METHODOLOGY

The social construction of caste and untouchability in India is a complex

phenomenon and to study it in interface with law poses a great challenge for any
researcher. The methodology adopted for the present study has been a
combination of a range of tools and techniques that can be applied to a socio-
legal research.

The objective of the study

This study aimed at evaluating the impact of the Protection of Civil Rights Act,
1955 and its effectiveness for the eradication of the untouchability. The study
sought to review the working of the PCR Act and suggest changes, if any, for its
contemporary relevance.

Research questions
The study sought to answer some specific questions as regards the
implementation of Protection of Civil Rights Act (1955):
ƒ What has been the impact of the Protection of Civil rights Act, 1955?
ƒ What is the status of untouchability?
ƒ What is the extent of the use of PCRA?
ƒ Has the use of PCRA declined?
ƒ What have been the determinants of variations in case filing?
ƒ Has the Prevention of Atrocities Act of 1989 made the PCRA redundant?
ƒ Is a civil remedy desirable?
ƒ Should sentences for PCRA be enhanced?
ƒ Should new provisions be added to the PCRA to make it more effective?

6
Research Design

Considering the intricacy of the subject of the study, a rigorous process went into
the development of the entire research design that was started with developing
the conceptual lucidity over the contentious issue of untouchability and its
interface with law. The process of developing the research design entailed an
exhaustive study of the available secondary resources on the subject as well as
the selection of the tools for data collection and the potential respondent. The
empirical research that went into the study was carried out through a combination
of individual interviews and observation administered by the researcher in the
selected geographical areas.

Sources of Data

Both primary as well secondary sources have been analysed for the purpose of
the study. Primary data have been obtained from interviews with and observation
of the respective people. Secondary sources included books, statutes, case law,
reports of the commissions and various government departments and
commentaries and articles on the subject. Electronic sources as well as print
literature have been consulted.

Respondents

While the phenomenon of untouchability and the laws related to it, as well as
their administration involves a range of stakeholders, it would not have been
inappropriate to leave out any of those while conducting this study as it would
have resulted in a partial view of the entire scenario. After rigorous deliberations,
it was decided to record the responses from the following (Table 2.1)

7
 Table 2.1 Respondents

Stakeholders Level of administration

Victims of the practice of the village

untouchability,
Dalit households
Village panchayats
Community leader/teacher/ any other
prominent non-dalits
Judges District and state
Police Village district and state
Dalit leaders
DPP State

Development of tools
Prior to developing a set of questionnaires for all the aforesaid stakeholders, an
information inventory was prepared to be carried by all the field investigators as a
checklist for collecting the bare minimum of the relevant data at village and
district and state levels from the respective states.
In addition to this, seven different interview schedules were developed for each
for the above-mentioned stakeholders6.

Sampling
The sampling framework that was adopted for the study was Multi-stage,
stratified Simple Random Sampling. This was employed to ensure representation
to the geographical diversities, to capture the dynamics of the practice of
Untouchability and the impact of PCRA in different geographical and
development contexts.
All the States and Union Territories of India formed the Universe of this study.

6
All the questionnaires are annexed with the report.

8
Stage 1: Area-Wise Sampling

1. Division of the States and Union Territories of India into FOUR

GEOGRAPHICAL REGIONS- NORTH, SOUTH, EAST and WEST
2. Selection of ONE STATE from each region based on the data on
incidence of untouchability practices7.

Stage 2: Stratified Sampling

1. The selection of states was followed by the stratification of all the districts
of the selected State into two groups: districts with higher incidences of
untouchability practices and districts with lower incidences of
untouchability practices.
2. Then TWO DISTRICTS, one from each strata were selected: district with
highest of the incidences of untouchability practices and district with
lowest of incidences of untouchability practices.

The study of West Bengal as a State posed the special problem in selection of
districts and villages for conducting sample surveys. The general criteria for other
States of selection of the basis of number of cases filed under the PCR Act, 1955
was not applicable in West Bengal, as there were no cases filed under the Act in
the last few years at all.

The districts of Murshidabad and South 24 Parganas were chosen based on the
percentage of the rural Scheduled Caste population vis-à-vis the total rural
population. Murshidabad had the least, 13.6 %, and South 24 Parganas had one
of the highest figures (the third highest) Cooch Bihar and Jalpaiguri were the
districts which had the highest percentage of rural SC population compared with
the total rural population. However, these districts are not conducive for

7
Initially it was decided to select one state from each region. However, considering a huge number of cases
registered in Madhya Pradesh under PCRA, it was felt vital to include the state in the purview of the study.
Similarly the geographical proximity and accessibility led to the inclusion of Karnataka also.

9
 Table 2.2 Sample Households

conducting fieldwork, and honest responses could not be expected from the
people under the threat of the ULFA and the KLO. Moreover, South 24 Parganas
States Districts Villages

Andhra Pradesh

Kurnool Ullindakonda

Devarakonda

Vijayanagaram Rachagumnadam

Mayida

MP Ujjain Jharnauda

Tarana

Umariya Indwar

Basehi

West Bengal Murshidabad Comiba

Bohra

10
 South 24 Paraganas Daulatpur

Boyaria/ Muchipara

Karnataka Uttara Kannada Karki

Morba

Gulbarga Bommanahalli

Warangere

Uttar Pradesh Sitapur Lauli

Bhagwanpur

Balrampur Dayalipur/Mohanpur

Kothwal

Rajasthan Bharatpur Saintri

Bansikala

Udaipur Nimadi

Amarpura

as the highest absolute SC population, and also provided an interesting angle of

studying the effect of ‘urbanization’ on untouchability.

11
Stage 3: Selection of Sample Villages

1. TWO VILLAGES FROM EACH SAMPLE DISTRICT were selected with

the similar logic above, combined with the basis of other secondary data
such as proneness to atrocity, SC/ST Population, literacy rates, etc.

Stage 4: Selection of Sample Households

1. It was decided to survey all the dalit households in a village upto 50 and in
case of presence of more than 50 dalit household sample using
Systematic Simple Random Sampling, depending on the population was
drawn
2. Identification of the potential respondents from the sample households for
in depth interviews.

The entire sampling exercise led to the selection of 6 states representing 12

districts and 24 villages. Owing to the resource constraints, the sample size of
the survey was restricted to 6 states, 12 districts and 24 villages. While 4
villages from each of the 6 states may not represent the entire state, the diversity
of the sample was ensured by choosing districts and villages with the highest and
lowest numbers of cases registered under the PCRA, with West Bengal as an
exception because of the afore-mentioned reason.

Data collection
12 field researchers with the knowledge of the respective local dialect and fair
understanding of the law were oriented about the project and engaged in the
extensive field work that was conducted by administering questionnaires, taking
individual interviews, collecting other information through primary data available
in the forms of the government reports and actual objective observation of the
situation.

12
Data entry and analysis
Considering the huge bulk of the data in the form of filled in interview schedules,
case studies, it posed a real challenge to feed it electronically and format it for
final analysis. This arduous process involved feeding and analysing the data
through SPSS spreadsheets. The result obtained thereafter fed into the
accumulated findings of the field work.

Scope and Limitations

Untouchability, being a social fact which has been bedded in the Indian Society
over centuries, is a very vast, intricate and complex subject to study. There are
various aspects and spheres of manifestation of discriminatory behaviour, all of
which could not have been captured under the constraints of time. Other forms of
discrimination, for instance, the discrimination against the Muslims in Bengal, the
forms of discrimination in urban areas, or intra-caste discrimination could not be
addressed properly, as they fell outside the scope of Study.

There were also limitations imposed on the research work in the form of
bureaucratic barriers, and red-tapism. At quite a few levels, researchers were
refused co-operative behaviour from the officials.

Coordination of the field study from one place considering the varied social set
ups, varied manifestations of the untouchability and diverse geographical
conditions, was a Herculean task under the limitations of time and human
resources.

Despite being extensive and exhaustive, study was limited to the 24 villages from
the 12 districts of 6 states. It does not provide the overall view of the practice of
untouchability and has attempted, only at a moderate level, to capture the
variance across the regions.

13
The analysis, conclusions and recommendations in the present Study that have
been arrived at, are based primarily on the field data collected as well as
theoretical understanding of the secondary sources and would therefore also
necessarily be subjected to the limitations faced in the collection of data as
detailed above.

14
 III. LEGAL MANDATE

i. Pre-Constitutional Developments

The enforcement of disabilities arising out of caste status of individuals had legal
sanction in the Pre-British era. The caste system had the sanction not only of
law, but also of religion. With the coming of the British, laws given by the
sovereign took control of the country, which diminished the social control wielded
by the caste Panchayats in some spheres. Support for the existing system
however continued through direct and indirect support from the law. The British
adopted a policy of non-interference in caste related issues, which generally
translated into an active support for continuing caste based oppression.8

The establishment of a nation wide legal system brought a general movement of

disputes from the tribunals responsible to the locally powerful to the
Government’s Courts. It also spread a consciousness of rights which might be
vindicated independently of local opinion. The norm of equality before the law
was articulated as the standard of state conduct, even if in practical application
this was not often the case. However, in relation to untouchability, the movement
towards abolition of slavery in other parts of the world also translated into
awareness about the plight of untouchables and a move to grant protection
against untouchability.

The problem of untouchability, as it came up before the courts of law, was faced
on two fronts- in religious practices and in use of secular facilities. With respect to

8
See, e.g., Section 21 of the Bengal Regulation III of 1793 provided that:“…no interference on the part of
the Court in caste questions is hereby warranted beyond the admission and trial of any suit instituted for the
recovery of damages on account of an alleged injury to the caste and character of the plaintiff, arising from
some illegal act or unjustifiable conduct of the other party.”
Cited from, Justice SB Wad, Caste and the Law in India, DVC Centre for Corporate and Business
Policy Research, New Delhi, 1984, p. 6-7.

15
the use of the religious premises, caste groups enjoyed the active support of the
courts in upholding their claims for precedence and exclusiveness. Courts
granted injunctions to restrain particular castes from entering temples even
where the temple was dedicated to the entire Hindu community.9 Excluded
castes were punished for criminal offences if they entered temples knowing that
they were prohibited from doing so and damages were awarded for purificatory
ceremonies that had to be undertaken because of the pollution that was
supposedly caused.10 For example, in Anandrav Bhikiji Phadke v. Sankar Daji
Charya,11 which upheld the exclusive right of Chitpavan Brahmins at a temple, it
was reasoned that the right is one that the “courts must guard because otherwise
the high caste Hindus would hold their sanctuaries and perform their worship
only so far as the lower castes permit.”12 It is pertinent to note that the courts did
not endorse exclusionary practices with respect to other religions, an example
being the case of Michael Pillai v. Barthe13, where the Court refused to grant an
injunction to the Roman Catholic Pillais to re-erect a wall separating them from
low-caste Christians. It said that pollution did not cause a spiritual or temporal
injury among Christians.14

Exclusionary practices in other fields did not enjoy the same active support as
religious practices. This was with respect to secular facilities like schools, wells
and roads.15 While interpreting the constituents of the offence under Section 277
of the Indian Penal Code (offence of corrupting or fouling a well), the Court said
that there had to be “some act which physically defiles or fouls the water”. The
mere act of taking or drawing water would not be an offence. In Kazan Chand v.
Emperor16, it was held that other users did not have any right to prevent Chamars

9
Anandrav Bhikiji Phadke v. Sankar Daji Charya, [ILR 7 Bom 323 (1883)]; SK Wodeyar v. Ganapathy,
AIR 1935 Bom 371.
10
Anandrav Bhikaji Phadke v. Shankar Daji Charya [ILR 7 Bom 323 (1883)], Sankaralinga Nadan v. Raja
Rajeswara Dorai, 35 I.A.C. 176 (1908)
11
Anandrav Bhikiji Phadke v. Sankar Daji Charya, ILR 7 Bom 323 (1883).
12
Marc Galanter, “The Abolition of Disabilities – Untouchability and the Law”, ”, in, Contemporary India,
J Michael Mahar, ed., University of Tuscon, Arizona, 1972, at p. 4
13
AIR 1917 Mad 431
14
Galanter, op.cit., 5
15
Saddagoppa Chariar v. Rama Rao, ILR 26 Mad 376 (1902).
16
AIR 1926 Lahore 683

16
from drawing water from a public well. In N.D. Vaidya v. B.R. Ambedkar17, when
the Court was called upon to decide whether a certain municipal tank could be
accessed by Hindus of all castes, it found that there was no long-standing
custom of exclusion and allowed the tank to be accessed by all Hindus. The
Court said it was “doubtful whether any attempt would have been made to secure
exclusive use of the water until the tank came to be surrounded by higher caste
Hindus.” The Court attempted to justify the difference in its attitude towards
public utilities and religious premises on the basis that in the latter case, the “long
practice acquiesced in by the other castes and communities may naturally give
rise to a presumption of dedication to the exclusive use of the higher castes, and
may throw on the ‘untouchables’ the burden of proving that they are among the
people for whose worship a particular temple exists.”18 In the instant case, the
court found that there was no such presumption, and held against exclusion.

However, there was no consistency in deciding for or against untouchability

related disabilities in British Courts. While on the one hand, public tanks, roads
etc were opened to all castes, on the other, judicial support was extended to
instances where higher castes carried out acts to enforce their superior rights
over lower castes. In one instance, the Court found that no case for insult or
nuisance was made out against some leading villagers for excluding the low
castes from using the well.19 Again, in an instance where Sonars were excluded
from the use of the village well and from social interaction by other Hindus, they
filed criminal charges but the Court held that the villagers’ conduct did not
amount to a nuisance nor did it amount to an insult with intent to provoke breach
of peace. Other instances to the contrary existed. The lower castes seeking
judicial help were restricted to bringing petty charges against the oppressors as
there was no special protection to them. Therefore, lower castes did take
recourse to the law in an attempt to seek protection but to little avail. Scholars
have found that the lower castes were generally unsuccessful in their attempts to

17
AIR 1938 Bom 146 at 148
18
Vaidya v. Ambedkar (1937) 39 Bom L R 1295, Galanter, p. 6
19
Ramditta v. Kirpa Singh, 1883 Punjab Record (Criminal) 3.

17
seek redressal through the use of police and/or courts for corporate wrongs done
to them by upper castes. This was because the upper castes, apart from having
economic power and political clout, had the “knowledge of the courts and the
intricacies of the law and better access to officials”, which thwarted attempts to
change the position of the lower castes in the village society and economy.20

Further, during British rule, legal control over the provision of services by village
artisans and servants was relaxed and therefore neither was there a right to
enforce the provision of customary services, nor was there a legally enforceable
right to serve. Dominant castes could thus alter their patronage while
untouchable groups who depended on service relations for their livelihood would
be subjected to pressure and not have access to judicial remedies.21 This further
weakened the position of such groups because service relations were vulnerable
to the exercise of local political and economic power. For example, in Sheikh
Jinaut v. Sheikh Khusen,22 it was held that the use of defendants’ influence “to
stop the services of the village barber, washerman and others from being
rendered to the complainant” was insufficient justification for an order requiring
the defendants to post security under Section 107 of the Code of Criminal
Procedure. In case of social boycotts, where the offender was deprived of
services, the result would not be restricted to withdrawal of economic relations
but could often impact areas where untouchables possessed enforceable legal
rights as to the use of footpaths, etc.23

Yet another way in which courts offered support to upper castes was by
upholding the disciplinary powers of castes against reformers and any others
who worked towards reducing and removing disabilities of untouchables.24 The
dismissal of a purohit for conducting a widow remarriage was upheld.25
Venkataraman, a reformer, observed that untouchables were unable to exercise

20
B Cohn, Anthropological Notes on Disputes and Laws in India (American Anthropologist, 67: 82 – 122)
21
Galanter, p. 9
22
7 CWN 32 (1902)
23
Galanter, p. 9
24
Galanter, p. 9
25
Venkayya v. Venkataramiah, AIR 1915 Mad 908

18
their rights because the higher castes made use of Section 144 of the Criminal
Procedure Code to get restraint orders passed in their favour.26 The overall
impact of the judicial attitude towards caste disabilities opened up some
possibilities for improvements but did not really enable untouchables to use these
opportunities because of disparities in power equations. While it is true that there
were no laws aggressively insisting on adhering to the practice of untouchability,
higher castes were in a better position to enforce their rights, at the cost of lower
castes.27 Courts largely followed a policy of “non-interference” in caste matters
and there was a need to introduce laws expressly providing for alleviating the
situation of untouchables. However, the progressive legislation that did exist in
this field was mandated not because of the recognition of the oppressive nature
of the existing system, but to further the interests of the British. Therefore, for
example, the Caste Disabilities Removal Act was enacted in 1850, providing that:

“So much of any law or usage now in force within India as inflicts on
any person forfeiture of rights or property or may be held in any
way to impair or affect any right of inheritance by reason of his or
her renouncing or having been excluded from the communion of
any religion, or being deprived of caste, shall cease to be in force
as a law in any Court.”

The immediate provocation of passing the legislation was to assure the Indians
who converted to Christianity from Hinduism that their property rights would not
be affected by the conversion. At the same time however, Section 9 of the Civil
Procedure Code excluded caste questions from the jurisdiction of Civil Courts.

In the early case law relating to caste based disputes, the tendency was to see
whether any civil right such as the loss of property or office was involved. Mere
loss of social prestige did not constitute any loss.28 The prevailing notion was that
social and religious prerogatives did not give rise to any enforceable legal rights

26
Galanter, p. 11
27
Galanter, p. 11
28
Nathu Velji v.Keshwaji Hira Chand, (1901) 26 Bombay 174; Jasnani v. Emperor, AIR 1936 All 534.

19
unless the right was the sort of thing that could be possessed and could be made
use of.

On the legislative front, the Madras and Bombay Legislatures were pioneers in
passing resolutions that enforced the right of untouchables to equal use of
governmental facilities, schools and wells.29 The Government of Bombay as early
as 1858 had declared that “all schools maintained at the sole cost of Government
shall be open to all classes of its subjects without discrimination.”30 In 1915, it
was found that this policy was not being enforced. However, the Bombay
Government persisted and passed a resolution cutting off aid to educational
institutions that refused admission to members of the depressed classes.31 In
1925, S.K. Bole moved a Bill in the Bombay Legislative Council that opened up
public places and institutions maintained by the government to untouchables. In
1925, a Bill was introduced in the Madras Legislative Council throwing open all
public roads, streets or pathways giving access to any public office, well, tank or
place of public resort to all classes of people.32

Reform activity at the national level began after the 1917 Indian National
Congress modified its hitherto tentative stand on untouchability stating:

“the Congress urges upon the people of India the necessity, justice
and righteousness of removing all disabilities imposed by custom
upon the Depressed Classes, the disabilities being of a most
vexatious and oppressive character, subjecting those classes to
considerable hardship and inconvenience.”33

Post this, reform activity in favour of the untouchables multiplied. However, the
action was limited to those places where public opinion was in favour of it. In the

29
Galanter, p. 12
30
Ghurye, G.S., “Caste, Class & Occupation”, quoted in the Report of the Committee on Untouchability,
Economic & Educational Development of the Scheduled Castes s”, 1969, p.3
31
The Committee on Untouchability, R. Elayaperumal Committee (M.P.)” Government of India, 1965,
April 27, p. 3
32
Ghurye, p. 184, in Elayaperumal report..
33
Quoted in Marc Gallanter, “The Abolition of Disabilities – Untouchability and the Law”, ”, in,
Contemporary India, J Michael Mahar, ed., University of Tuscon, Arizona, 1972.

20
1932 session of the Indian National Congress a charter of fundamental rights for
the future India was propounded which included provisions:

“… (vi) no disability to attach to any citizen by reason of his or

her…caste… in relation to public employment, office of power or
honours, and in the exercise of any trade or calling.

(vii) equal rights of all citizens in regard to public roads, wells,

schools and other places of public resort.”34

It was only after Gandhi’s fast in protest of separate electorates that the leaders
were willing to use law affirmatively to abolish disabilities.35 Pursuant to this, a
meeting of caste Hindus was held in Bombay to ratify the Poona Pact. It was
accepted thus:

“this Conference resolves that henceforth, amongst Hindus, no

one shall be regarded as untouchable by reason of this birth, and
that those who have been so regarded hitherto will have the same
rights as Hindus in regard to the use of public wells, public roads,
public schools and all other public conveniences. This right shall
have statutory recognition and shall become one of the earliest
acts of the Swaraj Parliament, if it shall not have received
recognition by that time”

“It is further agreed that it shall be the duty of all Hindu leaders to
secure, by every legitimate and peaceful means, an early removal
of all social disabilities now imposed by custom upon the so-
called untouchable classes, including the bar in respect to
admission in temples.”

34
All India Congress Committee, 1931.
35
Supra note 40.

21
Between 1932 and 1936 numerous state and provincial legislations were passed
on the issue of removal of disabilities associated with untouchability.36 While the
temple-entry bills allowed trustees to open temples to untouchables if a majority
of the Hindu voters of the locality approved, the anti-disabilities bills gave
untouchables the general right to use public facilities.37 The bills faced stiff
opposition at times; for example, temple-entry bills in Madras were denied
sanction by the Government, which asserted that the subject was of an all-India
character and could be legislated on only by the Central Government.38A Bill was
introduced in the Central legislative Assembly as well, but never came up for vote
in light of conservatism displayed by some members and the opposition of the
government.

Princely states such as Travancore were not far behind and were more
progressive. In 1936, the Maharaja of Travancore passed the “Temple Entry
Proclamation”, which stated as follows: “none of our Hindu subjects should, by
reason of birth or caste or community, be denied the consolations and solace of
the Hindu faith.”39 All prohibitions on entry to temples controlled by the
Travancore government were removed. Earlier, the princely state of Baroda had
attempted a similar proclamation.40 The Maharaja of Mysore implemented
administrative measures such as opening up all State schools to untouchables,
giving them clean clothing and providing them with educational facilities.
Scholarships were provided to untouchables in order to enable them to access
higher standards of education.41

None of these bills contained penal provisions, and the trustees of a temple were
empowered to allow other castes if a majority of the Hindu voters in the area
allowed it. They declared in general terms the rights of the untouchables to use
public facilities and outlawed enforcement to the contrary by public authorities.

36
Madras Removal of Civil Disabilities Act, 1938; The Bihar Harijan [Removal of Civil Disabilities] Act,
1949; the Bombay Harijan [Removal of Social Disabilities] Act, 1946
37
Galanter, p. 13
38
Galanter, p. 13
39
Elayaperumal report, p. 3
40
Galanter, p. 14
41
Ibid.

22
After the new governments came to power in 1937, the support for removing
disabilities became more pronounced. In 1938, the Madras legislature passed
the Madras Removal of Civil Disabilities Act42, making it an offence to
discriminate against untouchables not only with regard to public facilities like
wells, etc but also restaurants, hotels and shops.43 The Act barred judicial
enforcement of any customary right or disability based on membership in a
group.44 Violation was made a cognizable offence45, with progressive fines.46
Baroda47, Bombay48 and Travancore49 also passed similar legislations.

The Malabar Temple Entry Act 1938 opened access to temples for all persons
contingent on ratification of the same by a majority vote of the caste-Hindus of
the locality.50 The Madras Temple Entry Indemnity Ordinance 1939 further
indemnified officials and trustees against liability arising out of the opening of
temples. This was followed by a comprehensive province-wide act, the Madras
Temple Entry Authorization and Indemnity Act, 1939, which authorised trustees
to open temples to excluded classes if the worshippers of the temples were not
opposed to the idea.51 The Bombay Hindu Temple Worship (Removal of
Disabilities) Act, 1938 made it an offence to obstruct Harijans from worshipping in
an opened temple. Similar bills were in the pipeline in the Central Provinces and
in the United Provinces when the Congress Governments resigned.

Despite a flurry of legislative activity, most major temples still remained closed to
untouchables. The enforcement of most disabilities was made cognizable, and
such actions were made unenforceable by the courts. The pre-war temple

42
The Madras legislation began with an act providing that temples in the Malabar District might be opened
by a majority vote of the caste Hindus of the locality and an ordinance indemnifying officials and trustees
against liability arising out of opening of certain Malabar temples. Later, this was followed by a
comprehensive legislation that allowed opening if the worshippers were generally not opposed.
43
Section 2, Madras Removal of Civil Disabilities Act, 1938
44
Section 2, Madras Removal of Civil Disabilities Act, 1938.
45
Section 4(f), Madras Removal of Civil Disabilities Act, 1938.
46
Section (6), Madras Removal of Civil Disabilities Act, 1938.
47
Baroda Removal of Civil Disabilities Act, 1933.
48
The Bombay Hindu Temple Worship (Removal of Social Disabilities) Act, 1938 contains penal
provisions making it an offence to prevent harijans from being prevented from praying at opened temples.
49
The Travancore-Cochin Temple Entry [Removal of Disabilities] Act, 1950.
50
Galanter, p. 14
51
Galanter, p. 15

23
legislation had only been permissive. It protected the trustees if the temples were
closed in pursuance of customary practices. In fact, as late as 1945, the Madras
High Court granted damages for the pollution caused by the entry of Ezhavas
into a temple.52 In any case, most of the big temples were still not open to
untouchables. It should be noted that excluded groups had no enforceable right
to enter temples. The provincial governments took a cautious approach by de-
criminalising the disobedience of customs by excluded persons but did not
command temple authorities to do away with such practices.

After 1945, legislations removing civil disabilities of untouchables were passed in

most provinces and many large princely states. Public facilities were made
accessible to all and violations of the provisions were made criminal offences.
The Bombay Harijan (Removal of Social Disabilities) Act, 1946 aimed at
ameliorating the situation of untouchables with regard to the enjoyment of social
and secular amenities of life. The Madras Legislature enacted the Madras
Temple Entry Authorization Act, 1947.53 The Bombay Legislature followed suit by
enacting the Bombay Harijan Temple Entry Act, 1947. In the United Provinces,
the United Provinces (Removal of Social Disabilities) Act, 1947 was enacted, and
similar legislations came into force in the Central Provinces and Berar. Similar
acts were passed in most provinces and princely states. They withdrew judicial
enforcement, both civil and criminal, of customary rights of exclusion and gave
untouchables a legally enforceable right of entry into temples.54 Prior to the
enactment of the Constitution, most states (with the exceptions of Assam and
Rajasthan) had passed anti-disability legislation.55

The assessment of the British rule in India gives a mixed result. The law
advanced some possibilities of change to the lower castes, but provided no
special leverage to the untouchables to use these opportunities. The use of

52
Chatunni v. Appakuttan, AIR 1945 Mad 232.
53
Galanter, p. 16
54
Galanter, p. 16
55
Id.

24
whatever was given to them was mostly in accordance with the existing caste
hierarchy.56

There are four clear lessons to be learnt from an analysis of the pre-
Independence efforts towards eradication of untouchability. First, most of the
efforts were geared towards the removal of certain symptoms of untouchability,
and not towards the removal of its cause, that is, graded inequality in a deeply
hierarchical society. The cure offered was therefore symptom-specific, like
providing for temple- entry laws, or providing access to public tanks, roads etc.
The responses did not look at a holistic approach towards abolishing
untouchability. At the same time, the legal responses to the practice of
untouchability only took account of limited symptoms of untouchability, mostly
those located in the pollution-purity paradigm of caste relations. They were
therefore not cognizant of the oppressive, restrictive and exclusionary character
of the practice, above and beyond certain symptoms.

Second, the issue of untouchability was categorized into impervious

compartments of religious and secular practices. The former category was
demarcated as a protected zone beyond the reach of law, whereas the latter
category was made subject to law and public policy. It is in this latter category
that the earliest attempts at removal of caste-based disability found feet. With
growing awareness and politicization of the issue, the content of the two
categories changed over time, but as shall be seen in later chapters, the
categories themselves have remained constant. There are still certain spheres of
activities, like the “personal” sphere, where the practice of untouchability has not
been expressly abolished. A historical examination shows however, that these
categories are artificial constructs and that no sphere of activity is beyond the
pale of law, if it is determined that such a sphere needs to be regulated in public
interest.

Third, the historical examination of untouchability clearly highlights the need for
political involvement in social issues for such issues to be given legislative and
56
Supra, note 40.

25
 judicial attention. It also reveals that legislation is more often a culmination of
changing social preferences rather than a starting point for social revolution. The
important lesson in this is that there is need for active engagement at the political
and social level for a social norm transformation in issues such as untouchability.
Mere legislation is not enough. There is need for political mobilization for
gathering momentum against a socially accepted oppressive practice and
changing it from a norm to a crime.

Finally, systemic characteristics often dictate whether or not legal tools have any
social relevance as agents of transformation. Where there is a disconnect
between law on the one hand, and social structures, hierarchies and power
equations on the other, law has a limited chance of success. Where the social
conditions are therefore not conducive for change through law, the legal
instruments must be embedded in the social structures to be effective. They must
take account of social realities to be able to better address the same. Therefore,
for example, creating judicial remedies for an issue affecting people who have
limited access to justice can never be a recipe for success unless pro-active
measures are taken to bring justice to their doorsteps. Similarly, the practice of
untouchability cannot be abolished if the institutions for redress are removed
from the social realities of the community where the practice is prevalent.

ii. The Constitutional Guarantee

The Constitution of India guarantees to all citizens equality before the law and
equal protection of the law. This standard of equality does not permit any
discrimination based solely on the caste-characteristics of a person. However,
this guarantee is not merely a restriction on state action. It also confers a positive
obligation on the state to effectuate the creation of a society free of all practices,
customs, laws, policies and conditions which impose or have the effect of

26
imposing disabilities on sections of society based on their caste characteristics.57
The state is duty bound to secure social, economic and political justice for all,
and provide for an atmosphere congenial to growth for all. Article 17, in
particular, is intended to remove the social stigma and the badge of inferiority,
degradation, degeneration, and halt the engine of oppression that results from
the practice of untouchability. It states:

“17. Abolition of Untouchability.—“Untouchability’’ is abolished and

its practice in any form is forbidden. The enforcement of any
disability arising out of “Untouchability’’ shall be an offence
punishable in accordance with law.”

There are also other provisions in the Constitution that are relevant in this
context. The Constitution guarantees certain liberties to all citizens including the
freedom of speech and expression, the freedom of movement and association
and the freedom to carry on any trade, business and occupation.58 It also
protects the right to life and personal liberty of all persons. Right to life in this
context includes the right to live with dignity.59 Further, there is an express
guarantee against exploitation and forced labour in the Indian Constitution.60 It
also protects the freedom of religion of individuals and limits state action in this
respect. However, the freedom of religion is subject to over-riding public order,
morality and health. All social welfare legislation, especially those targeted at
throwing open of Hindu religious institutions of a public character to all classes
and sections of Hindus, are specifically protected. The freedom to manage
religious affairs is also made subject to certain overriding state interests.
Therefore, while the Constitution creates a protected space for religious activity,
it recognizes that a complete hands-off approach to this sphere will encroach

57
Article 14, Article 15, and Part IV, Constitution of India.
58
Article 19, Constitution of India.
59
Bandhua Mukthi Morcha v UOI AIR 1997 SC 2218; Vishakha v Rajasthan, AIR 1997 SC 3011.
60
Article 23, Constitution of India. It states:
Prohibition of traffic in human beings and forced labour.—(1) Traffic in human
beings and begar and other similar forms of forced labour are prohibited and any
contravention of this provision shall be an offence punishable in accordance with law.

27
upon the other rights guaranteed by the Constitution. It therefore subjects its
protection to greater social interest.

The Constitution provided for the categorization of the former untouchable castes
as Scheduled Castes, so as to enable them to be given special protection and
benefits to correct historical discrimination against them.61 Each of these
Constitutional guarantees is implicated by the continued prevalence of the
practice of untouchability.

Article 17, which abolished untouchability, was the most direct form of attack of
this practice in the Constitution. During the constitutional debates on the
provision abolishing untouchability (which was then Article 11), two important
issues were voiced. First, Dr BR Ambedkar had suggested a broader based
provision,62 abolishing any privilege arising out of rank, birth, person, family,
religion or religious usage and custom. According to him, the goal of the
Constitution was not temple entry but a casteless society.63 He said:

“Is temple entry the final goal of the advancement of the social
status of the depressed classes in the Hindu fold? Or is it only the
first step? If it is the first step, then what is the final goal... Merely
and amendment to provide for temple entry is not sufficient. What is
required is to purge it (Hinduism) of the doctrine of chaturvarna
(which is the) parent of the caste system and untouchability.”

This proposition was, however, not accepted and Article 17 was enacted in its
current form. However, this issue of the precise target and goal of anti-
untouchability laws is the core question facing us today as well. The answer has
enormous consequences for designing and implementing an effective legal and
institutional set-up for the eradication of this practice.

61
Article 341, Constitution of India.
62
Dr Ambedkar’s suggestion: “Any privilege arising out of rank, birth, person, family, religion or religious
usage and custom is abolished.”
63
Justice SB Wad, Caste and the Law in India, Ove Centre for Corporate and Business Policy Research,
New Delhi, 1984, p. 6-7.

28
The second issue that was extensively discussed in the Constituent Assembly
Debates was question of the definition of untouchability. Mr. Naziruddin Ahmad
proposed the article which read as follows, “No one shall on account of his
religion or caste be treated or regarded as an ‘untouchable’; and its observance
in any form may be punishable by law.” He proposed a change in the wordings of
the original section as the word ‘untouchable’ was not clearly defined in so much
that it could be applicable in different situations such as for a person suffering
from a contagious disease or a wife below 15 years of age who was untouchable
to prevent marital misbehaviour on the part of her husband.64 Mr. K.T. Shah
elaborated on the necessity of the amendment to the article as proposed by Mr.
Ahmad. He said that if the word ‘untouchability’ was not defined, it would create
problems in instances where temporary untouchability was practiced on people
who suffered from communicable diseases or on people who had attended
funerals. The lack of a definition would facilitate the misinterpretation of the
provision by “busy bodies” and “lawyers”.65 However, Dr. B.R. Ambedkar did not
accept the amendment and did not respond to Mr. Shah’s suggestion. The
amendment was negatived and the article was adopted in its original form.66

Iii. Post-independence enactments

Article 17 of the Constitution which abolishes untouchability has to be read with

Article 35 which confers on Parliament the exclusive power to make laws
prescribing punishments for those acts that are declared to be offences under
Part III of the Constitution. Pursuant to this the Untouchability (Offences) Act was
enacted in 1955 to award punishment for offences amounting to the observance
of the practice of untouchability. This was amended in 1976, and more stringent

64
Constitutional Assembly Debates, Book No. 2, Vol. No. VII, 4th November 1948 to 8th January 1948, p.
665 Lok Sabha Secretariat
65
Id, at p. 668
66
Id, at p. 669

29
provisions were introduced. The name of the Act was changed to the Protection
of Civil Rights Act. It is pertinent to note that from 1955 to 1976, 22,470 cases
under the Untouchability Act were registered of which 19,893 were taken to
court, out of which 3,402 were compounded, 3,288 acquitted and 6,178 offenders
were convicted.67

The Protection of Civil Rights Act did not have the effect of curbing effectively
either the practice of untouchability or the atrocities committed against Scheduled
Castes flowing from the practice of untouchability. Further, social change and
transformation in the social, political and economic conditions of the former
untouchables has met with considerable (often violent) resistance by those who
derived power from the extant social organization. This led to an increase in the
atrocities perpetrated against the Scheduled Castes.68 In 1989 another legislative
attempt took place to prevent the same, and the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act was enacted. Apart from this,
targeted intervention has been made from time to time to prohibit and regulate
practices arising out of the notion of untouchability. For example, the state has
enacted the Employment of Manual Scavengers and Construction of Dry Latrines
(Prohibition Act), 1993, the Bonded Labour (Abolition) Act, 1976, the Child
Labour (Prohibition and Regulation) Act, 1986, the Minimum Wages Act, 1948,
the Inter – State Migrant Workmen (Regulation of Employment and Conditions of
Services) Act, 1979, to deal inter alia with specific issues that arise in the context
of untouchability.

67
Vichitra Meena v. Union of India and ors, MANU/RH/0054/1982.
68
Andre Beteille, “The Scheduled Castes s: An Inter-regional Perspective”, 12 Journal of Indian School of
Political Economy, p 366.

30
IV. THE LEGISLATIVE HISTORY OF THE “PROTECTION OF CIVIL
RIGHTS ACT (PCRA) - 1955 ”

i. Untouchability Offences Act 1955

A number of states and Union territories had anti-disabilities laws in force

between 1950 and 1955. Bihar, Madras, Orissa, Mysore and Coorg had passed
the Removal of Disabilities Acts. Bombay, Punjab, Uttar Pradesh, West Bengal,
Hyderabad, Saurashtra and Travancore had enacted Removal of Social
Disabilities Act. Temple Entry Acts were present in Coorg, Bombay, Orissa,
Punjab, Hyderabad, Mysore and Travancore.69 Thus, Anti-Disabilities legislations
were present in 14 states while Temple Entry legislations were present in 7
states. 12 states did not have either.70 Offences under the state Acts were
punishable with imprisonment which would extend to six months or with a fine up
to Rs. 500. Many of these Acts were challenged as being unconstitutional. One
ground of challenge was the lack of legislative competency of the States in the
light of Article 35 of the Constitution that empowered only the Parliament to enact
laws in relation to Part III. In State v. Kishan71, the Indore Bench of the Madhya
Pradesh High Court held that the powers of state legislatures to make laws
prescribing punishment for those acts that were declared to be offences under
Article 17 were withdrawn by Article 35 and vested solely in Parliament.
However, Article 35 had prospective application thus saving legislations enacted
before the commencement of the Constitution till such time that they were

69
Kshirsagar, RK, Untouchability in India: Implementation of the Law & its Abolition, New Delhi, Deep &
Deep Publications, 1999 pp. 104-106
70
Ibid., p. 106
71
AIR 1955 MB 207

31
repealed by Parliament.72 In Venkatraman Devaru v. State of Mysore73, the
Madras Temple Entry Authorisation Act 1947 was held to be constitutionally
valid. The Court referred to Article 25 (2) (b) which confers the unqualified right
on all classes and sections of Hindus to enter public temples whether it is sought
to be exercised against an individual under Art. 25 (1) or against a denomination
under Art. 26 (b).74

By virtue of its power under Article 35 (a) (ii), Parliament passed the
Untouchability (Offences) Act 1955. The Untouchability (Offences) Bill 1954(No
14 of 1954), which took final shape as The Untouchability (Offences) Act 1955
was introduced in the Lok Sabha on 15th March 1955. The Members of
Parliament while commending the bill, labeled it as a ‘belated measure’ because
it took more than four years for the Government to introduce such legislation after
the promulgation of the Constitution. After inviting suggestions from various
organizations the bill was introduced in the Lok Sabha. During the discussion on
the Bill in the Rajya Sabha, Dr. Ambedkar had had said that the name of the
legislation should be ‘The Civil Rights (Untouchables) Protection Act’ so that it
would indicate enforcement and protection of rights in addition to punishment of
offenders. 75

The Bill received a mixed response by the members of Parliament. To quote Shri
Laskar, ”by this sort of legislation, the untouchables will get courage to shake off
their inferiority, because they will feel that the law is with them and also because
the ‘high caste’ people will realize that law will not spare them if they infringe any
of the provisions of the Act.” On the other hand, the Bill was also described as
calculated eyewash just to hoodwink the Harijan population.

The Untouchability (Offences) Act 1955 was passed by the Parliament on 2nd
May, 1955 and received the assent of the President on 8th May, 1955. All the 21
legislations which were in force after the commencement of the Constitution were

72
Kshirsagar, p. 107
73
AIR 1958 SC 255
74
Kshirsagar, p. 107
75
Rajya Sabha Debates, Vol. VII, No. 16-29, on 16th September, 1954, p. 2431, Kshirsagar, p. 109

32
repealed after the enactment of the Untouchability Offences Act 1955 under
Section 17.

ii. The Elayaperumal Report

Based on the recommendation of the Parliamentary Joint Select Committee, the

Minister of Home Affairs had written to the State Governments to make
arrangements for the effective implementation of the Untouchability (Offences)
Act and to appoint small committees to oversee implementation of the Act. But
none of the State Governments apart from Bihar and the Madhya Pradesh
appointed any such committees.

To quote from its letter to the State Governments dated 13th February 197576,
“Prosecuting agencies should be specifically advised to give high priority to
cases under the Untouchability (Offences) Act and serious notice should be
taken of the lapses committed by them in conducting these cases before courts.
Investigating officers should request the court to award deterrent sentences so
that people at large may be aware of the legal consequences of their acts of
discrimination. The supervisory officers should make it a point to ensure that no
avoidable delay is caused in the disposal of such cases on account of any
deficiencies on the part of the prosecution staff.”77 The Ministry had also
recommended that special police squads and cells be set up under the Chief
Minister’s supervision, in areas where atrocities were committed in order to
address the grievances of SCs and STs. It also suggested that suitable
institutional arrangements be made in the offices of the Superintendent of Police
and the District Collector to register the complaints of the protected groups. The
Ministry put the onus of collecting information on atrocities and taking prompt
effective action on District Officers, such that failure on their part would render

76
D.O. Letter No. III/11013/105/74 NID(A)
77
Kshirsagar, pp. 174, 175

33
them liable of dereliction of duty.78 The Ministry emphasized on imposing
deterrent sentences on offenders to serve as warning to the public. An important
suggestion of the Ministry was that of the appointment of qualified public
prosecutors especially from the Scheduled Castes. It also asked State
Governments to establish ‘special courts’ for speedy disposal of cases under the
PCRA and to “create confidence in the minds of the victims in the legal and
administrative machinery of the State.”79

An examination of the working of the Untouchability (Offences) Act showed that

its implementation was inadequate because of various loopholes. Few cases had
been filed under the Act. The compoundable nature of the offences resulted in
compromises and the punishments were small.80 Most of the victims were
reluctant to lodge complaints for fear of social reprisal and harmful economic
consequences at the hands of their land lords, money lenders and rural
oligarchies who would not give them work or full wages for the work done by
them.81

A meeting of the Central Advisory Board for Harijan Welfare was held in 1963 to
address the issue which was then brought to the notice of the Department of
Social Welfare.82 In 1965, the Government of India constituted a Committee on
Untouchability, Educational & Economic Development of Scheduled Castes
under the chairmanship of L. Elayaperumal to study “the various aspects of
untouchability; in particular, the working of the Untouchability (Offences) Act
1955, and the restrictions, if any, imposed on the entry of Harijans into public
places of worship and to suggest remedial measures.”83 The Committee took
around four years to submit its report. The report was submitted in 1969 but the
Government did not bring up the issue in the House until 1972.

78
Kshirsagar, p. 175
79
Kshirsagar, p. 176
80
Purane, Untouchability and the Law – A ground Reality (Delhi: 2000) at p. 45
81
Purane, p. 45
82
Kshirsagar, p. 188
83
The Committee on Untouchability, R. Elayaperumal Committee (M.P.) Government of India, 1965, April
27, Purane, p. 45

34
The Elayaperumal Committee submitted a comprehensive report studying the
implementation of the Untouchability (Offences) Act and examining ways and
means of strengthening the substantive and institutional content thereof. The
main recommendations of the Committee are discussed below.

a) Provision on religious disabilities

The Committee found the Temple Entry provision as enacted under s.3 of the Act
problematic. The said provision read:

“3. Punishment for enforcing religious disabilities: Whoever on the ground of

“untouchability” prevents any person:
(a) from entering any place of public worship which is open to other persons
professing the same religion or belonging to the same religious denomination or
any section thereof, as such person, or
(b) from worshipping or offering prayers or performing any religious service in
any place of public worship, or bathing in, or using the waters of, any sacred
tank, well, spring or water course in the same manner and to the same extent as
is permissible to the other persons professing the same religion or belonging to
the same religious denomination or any section thereof, as such person.
shall be punishable with…...

Explanation - For the purposes of this section and Section 4 persons professing
the Buddhist, Sikh or Jaina religion or persons professing the Hindu religion in
any of its forms or development including Virashaivas, Lingayats, Adivassis,
followers of Brahmo, Prarthana, Arya Samaj and the Swaminaryan Sampraday
shall be deemed to be Hindus.”

This provision was reviewed by many High Courts who concluded that it would
be attracted only when the place of worship was open to other persons
professing the same religion or belonging to the same religious denomination as
the complainant. The flaws of the provision were pointed out by the Committee –
first of all, the section did not permit members of the Schedule Castes to enter a
place which is open to any religion or any sect of the religion to which he does

35
not belong. Secondly it not only preserved the distinction between the places
belonging to different religions but also between the different denominations of
the same religion, and thirdly, rather than creating any new rights for the
Schedule Castes it merely sought to put them at par with the other caste Hindus.

Another problem that was pointed out by the Committee was that the existence
of the phrase, “or belonging to the same religious denomination” which virtually
negated the Explanation. The Committee referred to the efforts of the states of
Bombay, Kerala and Uttar Pradesh governments which had made it an offence to
prevent Hindus of any class or section from entering a Hindu temple. They
recommended the addition of the same so as to make it applicable to all States.

b) Social and economic boycott

Another problem that the Committee pointed out was that when a Scheduled
Caste wanted to quit the traditions of performing menial jobs, he was often
confronted with social and economic boycott. The Joint Select Committee had
recommended the addition of provision in the 1955 Act prohibiting such a
practice, but the Parliament had refused to incorporate it, rejecting it on the
ground that it would amount to forced labour and hence would be covered under
Article 23 of the Constitution and S. 374 of the Indian Penal Code. The
Committee again recommended the addition of a provision to deal with this, and
the same was accepted.

c) Mens Rea Requirement

The Committee analysed the requirement of mens rea in the Untouchability

Offences Act and compared them to public welfare offences (like sale of
impure/adulterated food, violation of traffic regulations, violation of anti-narcotic
acts) in common law. It concluded that offences of untouchability would not fall
within the purview of public welfare offences and hence would require mens rea

36
to be proved.84 Therefore, the Committee was against making the offence of
untouchability a strict liability offence.

d) Compoundable Offences

The Committee referred to Section 15 that made offences cognizable but

compoundable. The Committee found that this provision served as a handy tool
for coercing the accused to arrive at a compromise with the complainant by
means of threats, promises or bribes. The Committee recommended the deletion
of the provision which was accepted by the Parliament.

e) Punishments

The Elayaperumal Committee was of the opinion that the punishments imposed
under the Act were too light and without any minimum requirements. It suggested
a minimum imprisonment term of 3 months up to 6 months, and a minimum fine
of Rs. 50 up to Rs. 200.

f) Analysis of cases decided by lower courts

The Elayaperumal Committee asked State Governments to provide details of the

cases decided by the lower courts as well as copies of the judgments to enable it
to carry out a sampling to arrive at definite conclusions.85 However, it received a
very small number of cases forcing it to use what it termed a “convenient
sampling” method to draw conclusions.86

The Committee found that the longer the delay in disposal of cases, lower was
the rate of conviction. The reason was that delays prevented the complainant as
well as witnesses from being able to attend hearings and prove the offence.87
The Committee had heard of instances where cases had been purposely delayed

84
Id, at p. 59
85
Id, at pp. 50, 51
86
Id, at p. 51
87
Id, at p. 51

37
to cause hardship to complainants so that they would not have either the energy
or the resources to pursue the case.88

The Committee observed that the upper castes enjoyed the support of law
enforcement officials like the police and magistrates, and that the Scheduled
Castes would not get any protection from them.89 The Committee found that
factors like social backwardness, economic dependence and apathy of caste-
Hindus were predominant reasons why victims of untouchability were unable to
gather sufficient cogent evidence to prove the offence against them. Interestingly
it found that judges often disbelieved evidence of witnesses belonging to the
Scheduled Castes in cases of untouchability-related offences, believing them to
be interested witnesses. However, the evidence of caste-Hindus was not
disbelieved on the same grounds.90 This highlighted the continuing entrenchment
of caste-based discrimination in covert forms embedded in the doctrine, logic and
structural framework of the legal setup.

In sum, the causes of greater number of acquittals were enumerated by the

Committee as follows:

1. Complainants are coerced into compromising cases.

2. Complainants do not adduce sufficient evidence to convince the judge.

Their socio-economic backwardness and hostile or indifferent attitudes of
the upper castes act as obstacles in obtaining evidence.

3. Faulty investigations by the police.

4. Apathetic attitude of magistrates who do not trust the evidence of

Scheduled Castes on the ground that they are interested witnesses.91

88
Id, at p. 51
89
Kshirsagar, p. 189
90
Supra,note at p. 53
91
Kshirsagar, p. 250

38
g) Civil remedy mechanism

The Committee suggested that the offence of untouchability be treated both as a

crime and a tort. The difference between a crime and a tort is in the interest
affected and the legal remedy provided. A crime is an offence against the public
and the State acts as its representative in the proceedings.92 The purpose of
criminal proceedings is to “protect and vindicate” interests of the public through
deterrent, retributive or reformative punishment. Tort action is initiated by the
injured person against the wrong doer in order to get compensation for such
injury from him/her. Where an offence is both a crime as well as a tort, separate
actions can be initiated either simultaneously or successively where the outcome
in one case will not affect the decision of the other.

The Elayaperumal Committee strongly recommended creation of an agency to

facilitate the provision of civil remedies. The initiation of tort action would make
available machinery different from the “police-cum-court machinery”.93 Tort action
would provide the victims with corrective remedies and would not obstruct the
functioning of the Untouchability Offences Act. The advantage of such an agency
was that it would address the requirements of the victims and be involved in
stages on investigation, local inquiries, conciliation and administrative sanctions.
The Committee was in favour of setting up Boards at district levels which would
be coordinated by State officials. The Board would consist of an administrative
wing (including an investigation section) and a Hari Adhikran (Quasi-Judicial
Wing). The members of the quasi-judicial body did not have to have a legal
background and “may be persons of sound common sense, capable of coming to
reasonable conclusions…” The Elayaperumal Committee detailed out the
functions and procedures of functioning of the Administrative and Quasi-Judicial
wings which were to follow principles of administrative law and reduce the
number of procedural and evidentiary requirements of judicial processes.94

92
Supra,note at p. 56
93
Supra,note at p. 56
94
Supra,note at p. 57, 58

39
h) Awareness of legislation

The Committee found that there was very little awareness and wide ignorance
about the provisions of the Untouchability Offences Act. It also found that
distribution of copies of the legislation had been faulty. The Committee noted the
ignorance of various officials and authorities about the existence of the Act. Out
of 30 police personnel interviewed by the Committee, 27 were aware that
untouchability had been abolished, 15 knew about the existence of the PCRA but
only 2 out of 30 policemen were able to display knowledge of provisions of the
Act.95 In this respect, the Committee recommended that awareness levels of the
PCRA be raised through wide publicity about its existence.96

The Committee also expressed an opinion on the functioning of voluntary

organisations that received Government grants to alleviate the condition of
SCs/STs. It was not at all satisfied with their reports and said that the grants were
not spent fully and that no action was taken to remove untouchability.97

The Elayaperumal Committee clarified that merely enacting legislations would

not solve the problem of untouchables. To quote from its report, “The problem of
untouchability is, therefore, inseparably linked up with the question of the caste
system and the social set up based on that. It is an indisputable fact that the
caste system is the dominating social force in this country. Hence any attempt to
remove untouchability without striking at the root of the caste system is simply to
treat the outward symptoms of a disease or to draw a line on the surface of the
water. Untouchability cannot be abolished in this country unless the social order
is changed by establishing new values, and for this purpose the values based on
the Hindu religion must be changed first.”98

95
Kshirsagar, p. 196
96
Kshirsagar, p. 189
97
Kshirsagar, p. 182
98
From speech of Shri Krishna Chandra Halder, Ramesh Chandra, p. 42, Supra,note 90.

40
iii. Parliamentary Debates

There was a prolonged parliamentary debate on the Bill before it was finally
passed after 4 years. Some of the salient observations at the debate have been
highlighted.

Prof. Nurul Hassan moved the Bill to amend the Untouchability (Offences) Act
1955. He explained the salient provisions of the Bill as follows:

i) Amendment relating to the raising of the quantum of punishment in the

Act.

ii) Making offences non-compoundable under the Act.

iii) Bringing within the definition of place of public worship, privately-

owned temples used as places of public worship and disqualifying
persons convicted under the Act from contesting elections to Central
and State legislatures.99

The major points of the debate are discussed below:

Title of Bill – “practice and preach untouchability”: Mr. Yogendra Makwana

underscored the difference in title between the Act and the proposed Bill. He said
that the Act punished the practice of untouchability while the Bill punished both
the practice and preaching of untouchability. He referred to religious heads who
sometimes made derogatory remarks against the Scheduled Castes. Such
offences are provided for under Section 7. The change in title also echoed Dr.
Ambedkar’s suggestion at the time of the enactment of the Untouchability
Offences Act. He had suggested the title ‘The Civil Rights (Untouchables)
Protection Act’ so that it would indicate enforcement and protection of rights in
addition to punishment of offenders. 100

99
Chandra, Ramesh & Mittra, Sangh, “Untouchability and the Law”, 1st ed. 2003, p. 40
100
Rajya Sabha Debates, Vol. VII, No. 16-29, on 16th September, 1954, p. 2431, Kshirsagar, p. 109

41
Penal provisions and policy - Mr. Hassan stated that the Government did not
want to take a harsh stance on penal provisions as it felt that if the punishments
for first offences were high, the courts would acquit the accused on some doubt
or the other. The Government proposed a minimum sentence of one month and
accepted the recommendations of the Committee pertaining to the six month limit
on imprisonment and on fines.

Mr. Shukla referred to the three kinds of punishment – retributive, reformative

and deterrent punishment and said that the Untouchability Offences Act provides
for reformative punishment. Hence there was no need to provide for a minimum
term of imprisonment as that would take away the reformative nature of the
legislation and impinge on the discretion of the judges to decide on the quantum
of punishment.101 He referred to the Prevention of Food Adulteration Act which
provided for a minimum of six months imprisonment and a fine of Rs. 1000 and
which had been ineffective because wrongdoers had resorted to corrupt
measures to escape being caught under it.102

Mr. JM Gounder quoted statistics of the year 1968 to show that few cases were
being brought before the authorities. He said that the number of untouchability
offences was 203, of which convictions took place in 35 cases, acquittals in 52
and reconciliations in 39. The remaining 77 cases were pending.103 Mr. CM
Stephen referred to these statistics and said that cases had not been brought
before courts, prosecutions had not been launched and severe punishment had
not been imposed. While supporting an enhancement of punishments in the Bill,
he emphasised a need for overhauling the existing infrastructure.

Mr. Hassan brought up the issue of the attitude of the Presiding Magistrates and
referred to the Elayaperumal Committee’s observations on the sentencing of
offenders. The Committee had found that out of a total of 70 cases, 23 had

101
Chandra, p. 56
102
Chandra, p. 57
103
Chandra, p. 50

42
resulted in convictions, of which 17 had been fines. The amount of the fines had
been upto Rs. 25 in 12 cases and upto Rs. 100 in 5 cases.

Venkatasubbaiah spoke about the factors that should be taken into account by
the Judge who decides on cases under the Act. He said, “The Judge should
study the character and age of the offender, his early breeding, his education and
environment, the circumstances under which he committed the offence, the
object with which he committed it and other factors. The purpose of doing so is to
acquaint the Judge with the exact nature of the circumstances so that he can
impose a punishment befitting the circumstances.104

It is clear therefore that there was no consistent legislative will in framing a penal
policy for the legislation. As will be seen, this has found reflection in sentencing
practices under the Act.

Implementation of the Act and other initiatives: There was broad consensus
during the debates that the Act required pro-active enforcement by state officials
for it to be a success. Mr. Hassan referred to the letter sent by the Government
asking Collectors and Superintendents of Police to provide protection to
Scheduled Castes against any discrimination that they might face. Mr. Makwana
opined that there was a need for measures to haul up police officers who
neglected duties and evaded their responsibilities. Mr. Vaishampayen added that
measures should be taken to ensure that funds that were earmarked for the
welfare of Scheduled Castes and Scheduled Tribes be spent for such purposes.
According to Mr. NH Kumbhare the Act would have been more comprehensive
had it incorporated a scheme to locate areas of untouchability and deal with
them. He was of the opinion that Government officers should be appointed to
conduct surveys and identify such areas. It was necessary to have proper
administrative machinery to enforce the Act else it would remain dead letter law.

Shri Venkatasubbaiah emphasized on integrating untouchables into society by

providing them with social, political and economic equality. Mr. Hassan said that

104
Id, at p. 92

43
there was great need for a social revolution and that social and political workers
needed to mobilize the masses in order to stir their conscience against
untouchability. He also suggested that educational institutions take measures to
spread the message about the evils of untouchability. Mr. SK Vaishampayen
suggested that incentives be given to people who have succeeded in abolishing
untouchability in villages. Mr. Abu Abraham emphasised on desegregation efforts
such as common hostels instead of Harijan hostels in order to eradicate
untouchability.

Mr. Gounder pointed out the difficulties faced by victims of untouchability.

According to him, the person against whom the offence of untouchability is
committed does not have the courage to approach the court, s/he does not have
the money to spend on the case and s/he will have to face the hostilities of the
upper castes after the case has been disposed off. The amended Act would have
to take into account these realities for making a meaningful contribution to the
abolition of untouchability.105

These discussions on the floor of the house indicate that there was a felt need to
put in place a comprehensive machinery to deal with the issue of untouchability.
While the Act under discussion was one intervention in dealing with the issue, the
wider problem of discrimination faced by members of the Scheduled Castes
required a larger set of policy and institutional involvement for the issue to be
meaningfully tackled.

The Parliament referred the Bill to the Joint Select Committee which was first
headed by Mr. RD Bhandare and then by Mr. SM Siddayya. The Joint Select
Committee emphasised on the protection of rights of victims of untouchability. To
quote from its report, “By reason of the abolition of ‘untouchability’ certain rights
are conferred on those who are subjected to the disability of untouchability and,
therefore, the law should mainly concern itself to protect those rights. Hence,
more emphasis should be laid in order to protect those rights rather than
punishing the offenders who preach or practice untouchability in any form.
105
Id, at p. 95

44
Therefore, the committee feels that the short title of the Principal Act should be
changed to the Protection of Civil Rights Act.”106

The Elayaperumal Committee recommendations were incorporated and the

scope of the Untouchability (Offences) Act 1955 was enlarged. The title of the
Act was changed to the Protection of Civil Rights Act. It included within the
offence of practicing untouchability the following:

(i) Insulting a member of the Scheduled Castes on the ground of

untouchability
(ii) Preaching Untouchability, directly or indirectly or its practice in any
form
(iii) Justifying untouchability on historical, philosophical or religious
grounds or on the ground of any tradition of the caste system.

Punishment was imposed on persons who enforce disabilities in the spheres of

religion, society, public space, institutions such as hospitals and educational
establishments. Boycott of untouchables was also penalised.

The penal sanction was been enhanced by providing that: (a) in the case of
subsequent convictions for the second offence the punishment may range from a
term of not less than six months and not more than one year, and also with fine
which shall not be less than two hundred rupees and not more than five hundred
rupees;(b) for the third offence or any offence subsequent to the third offence
with imprisonment for a term of not less than one year and not more than two
years and also with fine which shall not be less than 500 rupees and not more
than 1000 rupees; (c) a person convicted for the offence of untouchability shall
be disqualified for election to the parliament and state legislatures.

Apart from these changes in the law, to make prosecutions more effective the Act
shifts the burden of proof by prescribing that if the offence is committed on

106
Report of the Joint Committee on the Untouchability (Offences) Amendment and Miscellaneous
Provision Bill, 1972. Submitted by Shri S.M. Siddayya, Chairman of the Committee on Feb 22, 1974 to the
Parliament, Kshirsagar, p. 110

45
members of the Scheduled Castes, the court shall presume, unless the contrary
is proved, that such act was committed on the ground of untouchability (Section
12). A duty was imposed upon the public servant to investigate such offences. It
was provided that if a public servant willfully neglects the investigation of any
offence under the Act, he shall be deemed to have abetted an offence
punishable under the Act. All the State Governments were directed to adopt
additional measures to combat untouchability. They were asked to appoint
special officers and special courts to deal with offenders, to provide legal aid to
victims, and to take strong steps to identify and remedy these problems.

Offences were non-compoundable under the amended Act. They were made
cognizable and could be tried summarily by a Judicial Magistrate First Class.
State Governments are empowered to impose collective fines on the inhabitants
of an area if they commit or abet any offence under the Act. Governments are
also required to provide facilities such as legal aid to victims of untouchability.
Government officials have been mandated to appoint officers for initiating
supervision over prosecutions, to set up special courts, to constitute committees
at different levels, to undertake periodic surveys and identify areas where
untouchability is practiced and to take suitable remedial measures for the
enforcement of the provisions of the Act.

46
V. OBJECTS, STRUCTURE AND SCOPE OF THE “PROTECTION OF
CIVIL RIGHTS ACT (PCRA) - 1955 ”

i. The Landscape of the PCRA

The Preamble to the Protection of Civil Rights Act describes it as an Act to

“prescribe punishment for the preaching and practice of “Untouchability” for the
enforcement of any disability arising therefrom for matters connected therewith.”

The focus of the Act therefore appears to be on punishing the preaching and
practice of untouchability. However, the title of the Act belies this assumption.
The title of the Act was changed from “Untouchability Offences Act” to “Protection
of Civil Rights Act.” This title was mooted even at the time of the enactment of
the Untouchability Offences Act. During the discussion on the Bill in the Rajya
Sabha, Dr. Ambedkar had said that the name of the legislation should be “The
Civil Rights (Untouchables) Protection Act’ so that it would indicate enforcement
and protection of rights in addition to punishment of offenders.107 The same issue
came up for discussion in the Parliamentary Joint Select Committee deliberations
studying the amendment of the Untouchability Offences Act. The Joint Select
Committee recommended that “By reason of the abolition of ‘untouchability’
certain rights are conferred on those who are subjected to the disability of
untouchability and, therefore, the law should mainly concern itself to protect
those rights. Hence, more emphasis should be laid in order to protect those
rights rather than punishing the offenders who preach or practice untouchability

107
Rajya Sabha Debates, Vol. VII, No. 16-29, on 16th September, 1954, p. 2431, Kshirsagar, p. 109

47
in any form. Therefore, the committee feels that the short title of the Principal Act
should be changed to the Protection of Civil Rights Act.”108

The change in title therefore seems to indicate that the intention of the
Legislature was to go beyond mere punishment of the offence of untouchability
and target the root cause behind this social malaise. The Legislature wanted to
create a facilitative environment for the protection of the rights of the former
untouchables. Therefore, any study of the implementation of the Protection of
Civil Rights Act cannot be limited to studying the nature and types of
punishments awarded under the Act. It has to be a comprehensive study
examining the impact of the legislation in protecting the rights of a section of the
citizens of the country.

The debate over the title of the Act therefore highlights the crucial issue of the
goal or purpose of the Act. Dr. Ambedkar’s words in the Constituent Assembly
Debate, while discussing Article 17, still resonate through the PCRA. Dr.
Ambedkar said of Article 17, “Is temple entry the final goal of the advancement of
the social status of the depressed classes in the Hindu fold? Or is it only the first
step? If it is the first step, then what is the final goal... merely an amendment to
provide for temple entry is not sufficient. What is required is to purge it
(Hinduism) of the doctrine of chaturvarna (which is the) parent of the caste
system and untouchability.” 109

The issue that Dr. Ambedkar raised before the Constituent Assembly has not
been satisfactorily answered all these years later. The legislative history and the
content of the PCRA do not provide a clear answer as to the goal of the
legislation. The Preamble describes the Act as targeted against the preaching
and practice of untouchability. The Act itself focuses on removing specific
disabilities associated with the practice of untouchability. However untouchability

108
Report of the Joint Committee on the Untouchability (Offences) Amendment and Miscellaneous
Provision Bill, 1972. Submitted by Shri S.M. Siddayya, Chairman of the Committee on Feb 22, 1974 to the
Parliament, Kshirsagar, p. 110
109
Justice SB Wad, Caste and the Law in India, Ove Centre for Corporate and Business Policy Research,
New Delhi, 1984, p. 6-7.

48
itself, and disabilities imposed on persons by virtue of untouchability, are merely
symptoms of a deeper social malaise, that is, caste-based discrimination and
oppression. Can a legislation that merely targets the symptom but leaves the
disease intact, make a meaningful contribution in ridding the society from the
evil?

This issue was raised by the Elayaperumal Committee as well. It stated that
“[t]he problem of untouchability is, therefore, inseparably linked up with the
question of the caste system and the social set up based on that. It is an
indisputable fact that the caste system is the dominating social force in this
country. Hence any attempt to remove untouchability without striking at the root
of the caste system is simply to treat the outward symptoms of a disease or to
draw a line on the surface of the water. Untouchability cannot be abolished in this
country unless the social order is changed by establishing new values, and for
this purpose the values based on the Hindu religion must be changed first.”110

Similarly, in the 2001-2002 study of the prevalence of untouchability in

contemporary rural India by Action Aid, which comprised of a survey of 565
villages in 11 states, it was found that the practice of untouchability was
entrenched in economic and political inequality and was reproduced by the
ideology of caste hierarchy.111

In light of this, the first issue that needs to be clarified and strengthened is the
goal or purpose of the PCRA. Only when the goal is clear can individual
provisions be analyzed to see if they further, or take away from the end purpose.
It is submitted that if the goal of the legislation is the eradication of untouchability,
then the focus of the legislation has to be on the cause and not on the symptom
of untouchability. Therefore the focus of the Act has to shift from enumerating
specific disabilities that have been prohibited, to targeting the issue of caste-
based discrimination and oppression that manifests itself in the practice of
untouchability. This has four implications for any legislative reform of the Act:

110
From speech of Shri Krishna Chandra Halder, Ramesh Chandra, p. 42
111
Id,at p. 62

49
 1. The substantive content of what is criminalized and how much, and what
is left out, will have to be re-examined;

2. The focus of the Act shifts from pursuing and prosecuting individual
offenders to also looking at societal structures, institutions and policies
and processes which perpetuate and entrench the discrimination and
oppression that leads to the practice of untouchability;

3. The institutional setup will have to be strengthened to deal with the wider
issue of not only removing disabilities but also creating the abilities that
are required to cast off the burden of centuries of discrimination and
oppression. Merely outlawing a socially entrenched practice, and
expecting it to create a level playing field, will result in formal not
substantive equality.

4. The role of the state and its instruments needs to be revised keeping in
mind the goal of the Act. If the goal is the mere punishment of the practice
or preaching of untouchability then the role of the state is restricted to
ensuring that when matters of such nature are brought before it, it deals
with them effectively and efficaciously. However, if the focus is on
effectuating the guarantee of Article 17 and abolishing the practice of
untouchability, then the state has to take on a pro-active role in bringing
about the change in social conditions which will enable this norm
transformation to take place. The Parliamentary Debates over the
Protection of Civil Rights Act indicate that the legislature was aware of this
greater and more robust involvement of the state in striking at the root of
untouchability.

It is recommended that the purpose of the PCRA should be that of giving effect to
the Article 17 guarantee of abolishing untouchability in all its forms. If this is the
purpose, then the focus of the PCRA cannot be limited to punishing the practice
of untouchability. Criminalizing the practice is important to effectuate the
guarantee, but it is not the sole or sufficient intervention by the state in this

50
respect. The PCRA will be required to address the issue of discrimination and
oppression in Indian society that lead to the practice of untouchability. This
discrimination and oppression then becomes the target of the legislation, and the
focus shifts from merely punishing individual infringers, to creating a societal
environment which negates the root causes behind the practice of untouchability.

ii. Constitutionality

The constitutional vires of the Protection of Civil Rights Act has been challenged
twice in the 50 years since its enactment. Both challenges were made after its
amendment in 1976. The grounds of the challenges and the responses of the
judiciary have been detailed below.

In Shanmughasundaram Pillai v. State,112 the petitioner challenged S. 12 as

being violative of A. 14 of the Constitution. The Court dismissed the challenge. It
referred to a precedent A. B. Krishna v. State of Madras,113 which had involved a
similar contention with respect to the shifting of burden of proof provision in the
Madras Prohibition Act 1937. The Supreme Court in that case had held that the
presumption was raised against all persons against whom the facts mentioned
had been established. It said that such presumptions were ancillary to the
exercise of legislative power and did not apply to offences outside the Act. The
Madras High Court “in view of the categorical statement made by the Supreme
Court” said that S. 12 was not violative of A. 14.

The shift in the burden of proof onto the defence is critical to secure prosecutions
and the court by rejecting the challenge to S. 12 had upheld the social welfare
characteristics of the Protection of Civil Rights Act. However, its reasoning is
limited to the decision in AB Krishna does not explain the necessity of the
presumption of S. 12 in favour of the Scheduled Castes.
112
MANU/TN/0019/1982
113
1957 SCR 399

51
In Laxminarayana Reddy v. Union of India,114 the respondent, a KEB employee,
had been transferred to a different place. He delayed in handing over charge as
a result of which the petitioner, a colleague, along with four others, abused him
and called him names like ‘Holiya’ and ‘Madiga’. The respondent registered a
case under the Protection of Civil Rights Act. The petitioner denied all allegations
and questioned the validity of S. 7. He challenged Section 7 on the grounds that
it had it infringed upon the petitioner’s liberty, equality and freedom of speech
and expression and that it conferred absolute power on state agencies to initiate
criminal proceedings irrespective of whether they were genuine.

The Court did not uphold the challenge. It said that the PCRA had been enacted
to expound the various forms of untouchability that had been abolished by the
Constitution.

With respect to the challenges to Articles 14, 19 and 21, the Court said that the
petitioner did not have a right to do any act that was forbidden by the same
chapter. The rights under Articles 14, 19 and 21 cannot be treated as superior to
rights and obligations created by other articles under the same chapter. The
Court referred to the precedents Kochuni v. States of Madras and Kerala115 and
Madhu Limaye v. S. D. M. Monghyr116 which said that the rule of harmonious
construction had to be adopted which says that an article cannot defeat the
object of another article unless it is impossible to reconcile both.

The Court further said that the Preamble of the Act along with various definitions
described forms of enforcement of disability and hence the contention that
unguided and arbitrary power had been conferred on state authorities was not
valid. It is often alleged that the PCRA is abused by Government servants who
are entangled in service disputes. The Karnataka High Court has sustained the
strong provisions of the legislation despite these allegations. It should be noted

114
MANU/KA/0016/1987
115
MANU/SC/0019/1960
116
MANU/SC/0147/1970

52
that the present report has not studied aspects relating to the abuse of the
PCRA.

Having examined the history and purpose of the PCRA, let us turn to its scope. A
study of the scope of the Act raises two related questions that will be examined in
this segment. These are:

1. What does the Act mean by the term untouchability? What forms and
types of untouchabilities are covered by the Act?

2. Who is protected by the Act? Who can commit an offence under the Act?
Is the Act limited to Scheduled Castes or does it extend to members of
other castes/ religions as well?

iii. Definition of Untouchability

The word untouchability has not been defined under the Act and there is no
definition in the Constitution either. The assumption is that the word has a well-
known connotation – it refers to any social practice, which looks down on certain
depressed classes, solely on account of their birth and disables them from
having any interaction with people from the so called higher castes or classes.
The Executive, Legislature and the Courts tend to define the term denotatively by
pointing to well known examples of practice rather than connotatively by
demarcating specific boundaries, leaving it to the judge to decide whether the
notion of untouchability was a part of the mental framework of the accused when
he committed the act.117

The National Human Rights Commission (NHRC) has made an attempt to define
the term. In its Report on Prevention of Atrocities Against Scheduled Castes
(Saxena Committee Report), untouchability has been defined to mean the

117
KD GENGADE, SOCIAL LEGISLATION IN INDIA, 254 (1978)

53
practices evolved as social restrictions in sharing food, access to public places
118
and denial of access to drinking water sources etc. This is again an inclusive
definition and it does not lay down any generic connotation of the term. The
problem with such a definition is that is may not take into account all forms of
practice of untouchability.

One understanding of the term is to include all instances in which a person is

stigmatized as unclean or polluting or inferior because of his origin or
membership in a particular group. However, this view has been rejected by the
courts, and the use of the varna classification continues without judicial
censure.119 The High Court of Bombay in Laxman Jayaram Shant v. State of
Maharashtra,120 ruled that “Untouchability” is referable to the caste and sub-
caste. In different parts of the country, different castes have been considered as
“untouchable”. This shows the emphasis of the judiciary on limiting the definition
of untouchability to certain castes, irrespective of other forms of untouchability
practiced against groups not on such basis.

The practice of untouchability is not confined literally to the avoidance of contact.

It would seem to include any invidious treatment associated with the victim’s
membership or origin in an untouchable group even if the practice does not
involve the avoidance of pollution, e.g. restrictions on dress of untouchables.

The Supreme Court has had no occasion to define the term, but the Mysore High
Court has defined it as:

“The subject matter of Article 17 is not untouchability in its literal or

grammatical sense but the practice of it as it has developed
historically in the country.”121

118
Report on Prevention of Atrocities Against Scheduled Castes s, National Human Rights Commission,
New Delhi, 2004, p. 13.
119
Ajit Kumar v. Ujayar Singh, AIR 1961 SC 1334.
120
MANU/MH/0021/1980.
121
Devarajiah v. Padmanna, AIR 1958 Mys 14.

54
 5.1 The caste and economic status of the perpetrator in the
cases

State SC ST OBC Others Mixed Not responded

Andhra Pradesh 0 0 1 0 0 3

Karnataka 2 1 3 4 0 4

Madhya Pradesh 1 0 0 2 0 3

Rajasthan 0 0 1 1 0 1

Uttar Pradesh 0 0 0 0 12 1

West Bengal 0 0 0 0 0 0

Grand Total 3 1 5 7 12 12

Notwithstanding the fact that the Statement of Objects and Reasons of the PCRA
states that the Act is not confined in its application only to Hindus, there is a
common perception, even amongst judges,122 that the practice of untouchability
is confined only to members of the Scheduled Castes, who by their very
definition are Hindus. The above Table which is based on the interviews of police
personnel shows that the practice of untouchability is prevalent even within the
members of SCs and STs. It has to be understood, however, that untouchability
is a social phenomenon, whereas the characterisation of certain groups as
Scheduled Castes is based on the discretion of the President. Even if a caste is
taken out of the purview of the list under Article 341, under which such list is
made, untouchability might still be practiced against it. Further, Scheduled
Castes as contained in the list are only those professing the Hindu religion. Later
amendments were made to the Presidential Order of 1950 to include Dalit
coverts to Sikhism and Budhism If a member of such Scheduled Castes converts
to, say, Christianity/Islam, he is no longer considered a member of the Scheduled

122
Source: Interviews conducted by the Team. See annexures.

55
Castes. However, since untouchability is a social phenomenon, it might still be
practiced against such person. Therefore, the concept of untouchability has to be
separated from the varna gradation and each circumstance of untouchability
should be examined in its own context. Another problem with confining the scope
of untouchability to the varna gradation is that it is concluded that persons who
belong to categories against whom untouchability is practiced, would not in turn
be practicing untouchability themselves. This interpretation would not take into
account the fact that there might be caste demarcations within Scheduled Castes
themselves. For example, in, Nizampatnam of Guntur district, fishermen who
belong to Scheduled Castes became economically rich because of prawn-culture
and fish-culture during 1990s. Fishermen dominate the religious festivals,
religious ceremonies. It is the Fishermen caste, which now practice
untouchability towards Dalits.123

It cannot be said, therefore, that the Scheduled Castes are a homogenous group,
with the same interests and values. Such notions of homogeneity however, do
exist, as is amply clear from legislations like the POA Act.124

Finally, untouchability can be practiced even between members of different

religions. This issue has been discussed later in detail. It is sufficient to say, at
this point, that the term untouchability cannot be confined only to members of the
Scheduled Castes. They are certainly the main beneficiaries of this provision.
However, the practice of untouchability can extend beyond the legal
categorization of castes, into the social interaction between different groups.
Therefore, in light of consistent judicial practice that limits the application of the
Act only to members of the Scheduled Castes, it is necessary to clarify that the
Act covers the imposition of disabilities against any person because of his
membership in a particular social group, on grounds of untouchability.

123
People’s Report on Status of Untouchability Practices in India, p.72.
124
Most provisions in the Prevention of Atrocities Act begins with the caveat, “whoever, not being a
member of the Scheduled Castes s or Scheduled Tribes…”. There is nothing to suggest that there will not
be hierarchies and caste demarcations within the Scheduled Castes s themselves.

56
An alternative to defining the scope of the act in terms of what constitutes
untouchability, would be to define the term ‘untouchable’. The Untouchability
Offences Bill in S. 2 (f) had defined untouchable as:

“Untouchable means a member of the Scheduled Castes as

defined in Article 366 (24) of the Constitution and includes any
other person who by custom or usage is regarded as untouchable
by any community or section thereof:

Explanation I:

A member of the Scheduled Castes shall not cease to be a

member if he resides in any locality other than the locality specified
in relation to him in any public notification issued or any law made
by Parliament under Article 341 of the Constitution.

Explanation II

A member of the Scheduled Castes who has been converted from

the Hindu religion to any other religion shall, notwithstanding such
conversion, be deemed to be an untouchable for the purposes of
this act.”

It is submitted, that this is a comprehensive definition and can be adopted in

place of a definition of untouchability, if it is felt that the definition of the latter
term is superfluous, given the common usage of the same. The need for this
definition arises in the context of confusion with respect to applicability of the
PCRA in situations where offences are committed against persons who are not
members of a Scheduled Caste. This leads us to the second question in relation
to the scope of the Act. The precise application of the PCRA to different caste
groups has been litigated in several cases discussed below.

57
iv. Applicability of the PCRA

1. Exclusion based on ‘Sectional’ differences

The Mysore High Court addressed the question of the applicability of the PCRA
in Devarajiah v. Padmanna.125 In this case, the petitioner had filed a complaint
against the respondent for distributing pamphlets which stated that the petitioner
was prohibited from entering temples or places of public worship belonging to
Jains. He also alleged that the respondent had instigated Jains not to have social
or religious intercourse with others belonging to the same religious community as
the petitioner. The case was registered under the Untouchability (Offences) Act.
Justice Sreenivasa Rau said that Article 17 did not use the word ‘untouchability’
in its literal or grammatical sense but in the context of the practice as it had
developed historically. Similarly, the Act referred to untouchability in its historical
context. The Court warned that a literal interpretation of the term would lead to
situations where temporary untouchability of persons due to an illness suffered
by them or because of their association with a dead person, would also fall within
the purview of the Act, which did not have any connection to the practice of
untouchability on a specific group of persons.

The Court held that the respondent was not guilty of the offence of untouchability.
His acts and conduct could amount to instigation to social boycott towards a
particular community not on the ground of their origin but because of religious or
social beliefs and practices of the Jain community. The emphasis of the court is
on protecting the freedom of religious denominations to manage their own
religious affairs. The Court was clear that the Act applied only to persons who
belonged to communities that were regarded as ‘untouchable’ over time.

It would be necessary to discuss the implications of the decision on the

interpretation of S. 3 after the 1976 amendment deleted the words, “belonging to
the same religious denomination”. The Elayaperumal Committee recommended
125
AIR 1958 Mys 84

58
such deletion on the ground that prevention of temple entry on the ground of
untouchability should be punishable even if the person obstructing entry does not
belong to the same religious denomination as the person prevented. However, it
said that access to places of public worship to persons belonging to the same
religion was subject to Article 26 of the Constitution. To briefly outline S. 3, it
punishes persons who enforce religious disabilities on the ground of
untouchability by preventing any person from entering any place of public
worship which is open to other persons professing the same religion, or any
section thereof as such person, or from praying or performing religious services
or from using the waters of any sacred tank, well etc in the same manner and to
the same extent as is permissible to other persons professing the same religion
or any section thereof as such person. The Madhya Pradesh High Court in State
v. Puranchand126 stressed on the italicised words above to clarify that S. 3
intended to put untouchables at par with other caste Hindus.127 The Kerala High
Court offered further clarifications on the interpretation of S. 3 in Parameswaran
Moorthy v. Vasudeo Kurup128 by holding that the Section does not confer
unfettered and absolute rights to perform religious services that are supposed to
be performed only by priests according to religious tenets or to enter such places
where such rituals are being conducted.129 The Supreme Court has also adopted
the same line of reasoning and has held that there is no unregulated and
unrestricted right of entry in a public temple or other religious institution for
persons who are not connected with religious functions.130 In the case of
Venkatraman Devaru v. State of Mysore,131 it held that denominations’ had the
religious freedom to manage their own religious affairs and could hence exclude
outsiders from temple ceremonies.132

126
AIR 1958 MP 352
127
Kshirsagar, p. 117
128
ILR 1960 Ker 73
129
Kshirsagar, p. 117
130
Hindu Religious Endowments Board v. L.T. Swamiyar, AIR 1954 SC 282, Kshirsagar, p. 117
131
AIR 1958 SC 255
132
Kshirsagar, p. 119

59
As stated earlier, the 1976 amendment deleted the words, “belonging to the
same religious denomination” from S. 3. However, it retained the words “sections
thereof”. This would indicate that the section does away with denominational
differences but retains sectional differences. However, there is no explanation as
to what the distinction between denominations and sections is. The Explanation
to the section adds to the confusion by including a number of
sects/denominations/sections within the ambit of “Hindus” such as Virashaivas,
Lingayats, Adivasis, Brahmo Samaj, Arya Samaj, Buddhists, Sikhs, Jains etc.

One means of resolving the ambiguity with respect to the use of such
terminology would be to look at the intent behind the exclusion. If the intent is to
exclude on the basis of untouchability, then such intent cannot be protected as it
falls foul of the Article 17 guarantee that abolishes untouchability in all its forms.
An indication of the intent behind the exclusion can be gauged by observing how
a particular community treats all non-members. If it excludes certain sections of
non-members and allows other non-members, then it might be guilty of practising
untouchability. If it excludes all non-members, then it could prove such exclusion
as being “essential” to the practice of its religion. Therefore, for example, if a
particular place of worship excludes all non-members, the situation would be
characterized differently than if it excludes members of one particular religion, or
caste.

2. Whether PCRA applicable to Other Backward Classes, non-Scheduled

Castes/Scheduled Tribes and non-Hindus

In Bharatinath Namdeo Gavand v. Lakshman Mali133, the complainant had

obtained an injunction in respect of agricultural lands that were sought to be sold
by the accused Panchas and village representatives. The complainants filed a
case under S. 7 of the Protection of Civil Rights Act on the ground that the
accused did not permit them to participate in village festivals, that they did not
accept donations from them, were not on talking terms with them and penalised
people who interacted with them. The respondents filed a criminal revision
133
MANU/MH/1020/2006

60
petition contending that the PCRA was not applicable to the complainants as
they were members of the Agra community which fell under the category “Other
Backward Classes” and hence not “untouchable”. The Court had to decide
whether the PCRA would be applicable to the complainants. The Bombay High
Court examined the object and provisions of the Act and held that the Act had
been enacted in the background of the practice of untouchability prevalent in
India and to prohibit it, the same must receive an interpretation so as to sub-
serve the said object. Hence the provisions cannot be extended to those who are
not entitled to the protection thereof. The court referred to the distinction in the
constitution between Backward Class of citizens and Scheduled Castes and
Tribes [Articles 15(4) and 16(4)], stating that Scheduled Castes were the only
groups entitled to invoke the Protection of Civil Rights Act.

In Kanhu Ram v. Durga Ram,134 the respondent had stood as surety for Ramka,
a member of the Scheduled Castes, against whom a case had been registered.
According to the respondent, the petitioners resolved to ex-communicate him as
he had stood as surety for a Harijan. He filed a private complaint with the Judicial
Magistrate under the PCRA. The petitioners moved an application before the
Magistrate contending that the respondent could not file a complaint under the
Protection of Civil Rights Act as he was a Rajput and not a member of the
Scheduled Castes. The Court dismissed their application and held as follows,

“It is evident by reference to Section 15 of the Untouchability (Offences Act,

1955 that the offences under the Act are cognizable and there is nothing in the
Act to show that only a particular person can file a complaint for the offences
committed under the Act. Under the circumstances, there is no substance in the
contention that the respondent-complainant has no locus standi to file this
complaint.”135

The above decision is a rare one where the court has allowed a non-Scheduled
Castes /Scheduled Tribe member to use the PCRA. The Himachal Pradesh High

134
MANU/HP/0029/1979
135
Id, at Para 7.

61
Court did not examine the evolution of the practice of untouchability to see
whether it was practised only on particular categories of people. It examined the
bare provisions of the legislation, did not find any bar as regards the caste of the
complainant and upheld the complaint. The case highlights an interesting point
whereby untouchability is practised on a person by reason of his association with
a member of the Scheduled Castes group.136

By and large however, the courts have concluded that the definition of
untouchability has to be interpreted in the historical context of the practice of
untouchability where members of certain groups have been excluded from
various spheres because of their supposedly ‘impure’ and inferior caste status.
While this approach is possibly in keeping with the legislative intent, it does not
logically follow that the protection of the Act should be extended only to members
of the Scheduled Castes. This is of immense consequence for those groups who
have been historically discriminated against on grounds of untouchability but are
not part of the legal category of Scheduled Castes for various reasons. This
proposition finds support in the argument of the then Home Minister GB Pant,
who had stated during the debates on the Untouchability Offences Bill that “[t]his
Bill does not apply to Hindus alone. It applies to all – we have, however, enlarged
the scope of this Act. It will apply not only to Scheduled Castes, but probably to
Christians in the South who are not allowed to enter Churches by those who
consider themselves belonging to higher classes. There are certain Muslims who
are treated in the same manner by the followers of Islam. They will have the
benefit of the Provision.”137

136
It is pertinent to note that the PCRA has taken such situations into consideration and incorporated a
remedy in its provisions. S. 7 (2) imposes punishment of anybody who denies any right/privilege to which a
member of a community is entitled, or who participates in the excommunication of such person because of
his/her refusal to practice untouchability or because such person has acted in furtherance of the objectives
of the Act. The scope of the words “any act done in furtherance of the object of this Act” is wide and would
include cooperating with or providing assistance to ex-untouchables. In the Kanhu Ram case, the
respondent by standing as surety for a member of the Scheduled Castes provided him assistance and hence
would be able to take recourse to S. 7 (2) (ii). Though the Court came to the right conclusion, it should
have made use of the relevant provision of the law which clearly allowed any person to take recourse to the
PCRA irrespective of his caste, if he was discriminated against or excluded because of his association with
an ex-untouchable.
137
Lok Sabha Debates, April 27, 1955, pp. 6545-6672, in Kshirsagar, 120

62
At this juncture, it is also important to examine S. 7 (1) (d) of the PCRA. The
section states that it is an offence to insult or attempt to insult a member of the
Scheduled Castes on the ground of untouchability. The scope of the clause is
restricted to members of the Scheduled Castes thus implying that the rest of the
Act (apart from S. 12) is applicable to Scheduled Castes and other castes as
well. Section 12 shifts the burden of proof as to the intent behind the action
where a disability is imposed on a member of the Scheduled Castes. This implies
that there might be cases where the offence is not committed against members
of Scheduled Castes s. In such cases, the burden of proof will not shift.

3. Whether applicable when accused is member of Scheduled Castes /

Scheduled Tribes

Another question as regards applicability of the Act is whether a complaint can

be registered against an accused who is a member of the Scheduled Castes. In
State of Karnataka v. Shantappa138, it was held that where the complainant and
accused are members of the Scheduled Castes, an offence cannot be registered
under the PCRA as there cannot be any preaching or practising of untouchability
on the ground of caste. In this case, during a meeting on the choice of
construction of a Ram temple, the respondent/accused had abused the
petitioners in the name of their caste and had poked the chin of the first petitioner
with a torch. The Court held that even if the petitioners proved that the
respondent had indeed abused them, this would mean that he engaged in “self-
condemnation of the community to which he equally belonged.”139

While the reasoning of the Court is sound in so much that the respondent would
be insulting his own community by abusing the petitioner, it does not take into
account complex hierarchies that may exist within the Scheduled Castes or
Tribes. Empirical investigation into the forms and practices of untouchability has
revealed for example that in Nizampatnam of Guntur district, fishermen who
belong to Scheduled Castes become economically rich because of prawn-culture

138
MANU/KA/0137/1996
139
Id, at Para 9.

63
and fish-culture during 1990s. Fishermen dominate the religious festivals,
religious ceremonies. It is the Fishermen caste, which now practice
untouchability towards Dalits.140 Therefore, treating the Scheduled Castes as a
homogenous group structured horizontally rather than hierarchically would be
simplifying the issue.

4. Whether applicable to persons who have converted to Buddhism or any

other sect

In Kumara Mangala v. State of Maharashtra141, the accused had insulted the

complainant and other members of his community who had converted to
Buddhism during a palanquin procession. A case was filed and the accused were
convicted by the trial court under S. 7 (1) (c) and (d) of the PCRA. On appeal, the
Sessions Court remanded the matter back for trial for the accused to lead
evidence to show that the complainant was not a member of the Scheduled
Castes. A revision application against this order was filed before the High Court.
The High Court held that the Sessions Court had erred in applying S. 12 and
putting the burden of proving that the complainant was not a Scheduled Caste on
the complainant. It said that the complainant had to show that he belonged to the
Scheduled Castes. While admitting that the end result was unfortunate and that
the conduct of the accused had been improper, the Court said that it was
restrained and had to acquit the accused.

It is necessary for the PCRA to take such situations into account. The reason
why many Scheduled Castes have converted to Buddhism is because of the
discrimination and humiliation faced by them from the upper castes. They convert
to another faith in the hope of a better life, but this does not always happen. They
continue to be treated as lower castes. They will be left without remedy if they
are not allowed to use the PCRA. Similarly, Dalit Christians are also known to
face discrimination and are demanding that they be classified as Scheduled
Castes.

140
People’s Report on Status of Untouchability Practices in India, p. 125.
141
MANU/MH/0249/1979

64
After the passage of the Constitution (Scheduled Castes) Order (Amendment)
Act 1990, paragraph 3 of the Constitution (Scheduled Castes) Order 1950
includes Buddhists to say that conversion of a Scheduled Caste into Buddhism
will not alter their status in respect of their caste.142 Thus, the present position is
that members of Scheduled Castes who convert to sects that are considered to
be a part of the Hindu religion will not lose their caste status that entitles them to
certain constitutional and legal protections. SC/ST members who convert to
another religion will lose their caste status.

It is important to note that there is no Supreme Court decision that has set the
matter at rest as a result of which disputes regarding the scope of the PCRA
have come up before High Courts at regular intervals. The Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act on the other hand, as the title
suggests, is clearly applicable only to Scheduled Castes and Scheduled Tribes.
This is evident from the sections as well which begin by stating that a person who
is “not a member of the SCs/STs” is liable to be punished for carrying out any of
the atrocities mentioned in the Act.143

5. Notification of Scheduled Castes not uniform across all States

The case of Charles Raj v. State of Maharashtra144 highlights the conflict that
exists in the notification of Scheduled Castes between different states. Here, the
complainant filed a case under the PCRA in the State of Maharashtra alleging ill-
treatment by the accused on the grounds of untouchability. It was found that the
caste of the complainant had not been notified as Scheduled Castes in
Maharashtra but had been notified in Tamil Nadu from where the complainant
hailed. However, the Court referred to Article 341 which states that a caste would
be deemed to be a Scheduled Caste only in relation to that State as notified in
the list. Hence no offence would lie either under the PCRA or the POA.

142
Naval, T.R., “Legally combating atrocities on Scheduled Castes s & Scheduled Tribes”, p. 59
143
Naval, p. 73
144
MANU/MH/0859/2004

65
There is a need for the PCRA to address this problem. Humiliation/discrimination
by upper castes does not necessarily take place based on whether Dalits have
been notified as Scheduled Castes such by their respective states as this case
indicates. While the POA clearly requires the complainant to be a member of the
Scheduled Castes / Scheduled Tribes, the PCRA does not mandate such a
requirement. If the judiciary reads in such a requirement in the legislation, such
an interpretation could leave victims of untouchability without remedy especially
in cases like the present one which are a result of administrative shortcomings.

66
VI. DISABILITIES UNDER THE “PROTECTION OF CIVIL RIGHTS ACT
(PCRA), 1955”

This Chapter details the various disabilities arising from the practice of
untouchability that are sought to be removed under the Act, the provisions
relating to the same, and the incidence of such practices as revealed through our
field study. It attempts to analyze the data gathered in order to evaluate the
provisions of the PCRA which relate to such specific practices.

i. Religious Disabilities

Section 3 punishes the enforcement of religious disability on the ground of

“untouchability” in the form of preventing any person from entering a place of
public worship open to persons professing the same religion, or from
worshipping/offering prayers or bathing in a sacred well or any other sacred
water body. The punishment is imprisonment between one month and six months
and a fine of Rs. 100 or more upto a maximum of Rs. 500.

Section 3 prescribes imposition of disabilities against persons of the same

religion. This has been controversial right from the time of the legislative debates
on the PCRA. During the Parliamentary debates, Mr. J.M. Gowder was of the
opinion that that the use of the phrase ‘professing the same religion’ would
adversely affect the secular nature of the state as the Act was applicable only to
Hindus preventing Scheduled Castes from entering temples but not to non-
Christians or non-Muslims who were prevented from entering churches or
mosques. He felt that in a secular State like India, people belonging to different
religions should have the freedom to worship wherever they want. So, if a non-
Muslim wants to pray in a mosque or a non – Christian in a church, they should
not be prevented from doing so. He opined that religion was the bedrock of
casteism and bigotry, which was bedeviling the entire country and unless religion

67
was deprived of its legal backing, it was not possible to successfully implement
any legislation for the removal of untouchability. Hence, to whichever religious
faith a place of worship may belong, there should not be any practice of
untouchability and there was no need of mentioning religion in the Act.145

Section 3 is confined only to those situations where the oppressor and the victim
belong to the same religion. This does not take into account the fact that
untouchability is no longer a mere religious phenomenon, but a social one. In
situations where a Hindu, who perceived to be an untouchable, converts to
another religion, say, Christianity, he might still wish to follow the rituals of his
earlier religion. This is not uncommon. In this respect, untouchability might still be
practiced against him. However, he will not be protected by Section 3, since he is
now a Christian whereas the oppressor is a Hindu.

Further, linking the Act back to Article 17 of the Constitution which provides for
abolishing untouchability in all its forms, the limitation imposed by the Act is
incongruent. If persons of other religions are kept out merely on the notion that
they are untouchable, then the legislative policy should provide for proscribing
such practices. The clear indication of whether a group is kept out for reasons of
discrimination based on notions of pollution or inferiority can be determined by
examining whether exclusion is practiced against all groups or whether it is
practiced selectively. In the latter case, discrimination on the basis of
untouchability can be presumed.

Field studies reflected in the following data indicate that untouchability is still
practised in the religious sphere despite the existence of S. 3. Disabilities in the
religious sphere are the most common forms of practice of untouchability.

Our study interviewed 648 people about their experience of untouchability in the
religious sphere. About 619 persons out 648 said that they like to go to temple.
Only about 29 said that they are not interested in going to the temple. (table.
6.1).

145
Lok Sabha Debates, May 23 1972, cols. 174 – 75.

68
 Table 6.1 Whether want to go to Temple

State Yes No Total

Andhra Pradesh 110 0 110

Karnataka 190 0 190

Madhya Pradesh 142 0 142

Rajasthan 25 17 42

Uttar Pradesh 70 12 82

West Bengal 82 0 82

Grand Total 619 29 648

When asked whether the respondents are allowed to enter the temple in the
village. For this, about 132 said that they are allowed to enter the temple. But
majority of them (about 516) answered that they are not allowed. This is exactly
the problem. The casteist practices have a religious sanctioning. This is the real
threat to the implementation of the PCRA.

6.2 Allowed to enter the temple

State Yes No Total

Andhra Pradesh 0 110 110

Karnataka 116 74 190

Madhya Pradesh 0 142 142

69
 State Yes No Total

Rajasthan 16 26 42

Uttar Pradesh 0 82 82

West Bengal 0 82 82

Grand Total 132 516 648

Let us move on to see the kinds of activities that are performed in the temple.
About 358 said that they take part in the temple activities of the village.

6.3 Taking part in the activities of temples

State Yes No Total

Andhra Pradesh 106 4 110

Karnataka 59 131 190

Madhya Pradesh 142 0 142

Rajasthan 9 33 42

Uttar Pradesh 5 77 82

West Bengal 37 45 82

Grand Total 358 290 648

70
If so then in what kind activities do they participate? About 36 said that they
participate in temple activity by beating the drums. Most of them are found in
Andhra Pradesh. Another 36 said that they act as harbingers of information. All
these are found in MP. Only about 43 said that they have to do both. Another 34
who are from Karnataka, said that they have to do both. About 78 have said that
they participate in prayers. About 397 said that there is no fixed activity. About
375 said that Brahmins preside over their religious activities. Only about 98 said
the community elders would officiate the activities. Again another 21 said that the
local priest performs for them. About 158 have not responded.

6.4 Who acts as purohit while performing marriages

State Brahmin Community elderLocal priestNot responded Total

Andhra Pradesh 0 89 21 0 110

Karnataka 190 0 0 0 190

Madhya Pradesh 57 0 0 85 142

Rajasthan 19 9 0 14 42

Uttar Pradesh 27 0 0 55 82

West Bengal 82 0 0 0 82

Grand Total 375 98 21 154 648

To another question regarding marriage processions in the village about 599

have said that they could take the procession in the village vicinity of other

71
castes. About 581 said that they are allowed drum beats during procession. Only
about 49 said that they are not allowed.

6.4 (a): Whether Dalits are prohibited from participating in the

temple activities

State Yes No Not responded Total

Andhra Pradesh 5 8 1 14

Karnataka 1 8 1 10

Madhya Pradesh 1 13 1 15

Rajasthan 4 3 1 8

Uttar Pradesh 0 2 8 10

West Bengal 0 10 1 11

Grand Total 11 44 13 68

This questionnaire was also presented in non-dalit households. In response, a

considerable number of them agreed that untouchability was still observed
especially in connection with temple activities.

6.5 Taking marriage processions

State Yes No Total

Andhra Pradesh 106 4 110

72
 State Yes No Total

Karnataka 150 40 190

Madhya Pradesh 142 0 142

Rajasthan 39 3 42

Uttar Pradesh 82 0 82

West Bengal 80 2 82

Grand Total 599 49 648

With regard to whether Bridegrooms had to walk in the vicinity of the upper
castes, about 101 said that they have to. But majority said that they need not
(Table -6.6). About 4 said that they have to take the mandatory blessings.
Whereas the majority have said that they need not. Are there any conflicts over
marriage? To this only in Rajasthan it is said that Brahmins did not allow taking
baarat, and the police had to intervene.

Table: 6.6 Have to walk in upper caste vicinity during Marriage processions

State Yes No Total

Andhra Pradesh 0 106 106

Karnataka 0 150 150

Madhya Pradesh 83 59 142

Rajasthan 8 31 39

Uttar Pradesh 6 76 82

73
 State Yes No Total

West Bengal 4 76 80

Grand Total 101 498 599

Regarding separate burial grounds the following responses were made: about
586 said that funeral procession will take place. But only about 62 said there will
no be procession (Table: 6.6).

Table: 6.7 Funeral procession

State Yes No Total

Andhra Pradesh 81 29 110

Karnataka 188 2 190

Madhya Pradesh 112 30 142

Rajasthan 41 1 42

Uttar Pradesh 82 0 82

West Bengal 82 0 82

Grand Total 586 62 648

To a question about organizing processions for their deities, about 436 said that
they are allowed to do so, and 151 that they were not allowed. (Table: 6.7).

74
 Only a negligible minority of non-dalits accepted that prohibition of this nature is
imposed on dalits.

Table: 6.8 Religious processions of deities (Survey in dalit households)

State Yes No Not Practice Total

Andhra Pradesh 46 64 0 110

Karnataka 142 48 0 190

Madhya Pradesh 142 0 0 142

Rajasthan 23 19 0 42

Uttar Pradesh 21 0 61 82

West Bengal 62 20 0 82

Grand Total 436 151 61 648

When the same data was triangulated with that of the response from non dalit
only a few agreed to the prevalence of such practice.

6.8 (a) : Whether Dalits are allowed to bring Marriage processions to

localities where non-dalits live (Survey in non-dalit households)

State Yes No Not responded Total

Andhra Pradesh 7 2 5 14

75
 State Yes No Not responded Total

Karnataka 10 0 0 10

Madhya Pradesh 14 0 1 15

Rajasthan 7 0 1 8

Uttar Pradesh 10 0 0 10

West Bengal 11 0 0 11

Grand Total 59 2 7 68

With regard to the question of being called by their caste names, about 26
persons said that their employers do so. Another 40 said that the dominant
castes call them so. Thus, totally about 114 said that they are addressed by their
caste names. Only about 2 felt bad about being addressed by their castes. But
about 114 said that it is generally accepted notion. Only in Rajasthan there was a
conflict when a Brahmin called a dalit as chamaar, then they fought and
complained to the police.

76
 Table: 6.9 Calling by caste names.

State employersUpper caste Brahmin, Jats Generally Total

Andhra Pradesh 26 0 0 0 26

Karnataka 0 40 0 0 40

Madhya Pradesh 0 0 0 31 31

Rajasthan 0 0 17 0 17

Uttar Pradesh 0 0 0 0 0

West Bengal 0 0 0 0 0

Grand Total 26 40 17 31 114

To briefly summarise, it is heartening to see that there seems to be progress in

certain areas to religious disabilities – for example, in many states, all
untouchables were allowed temple entry. However, notable instances of caste
based discrimination still exists in the religious sphere, giving cause and reason
to better implement beneficial legislation like the PCRA. Data suggests that in
some states, traditional forms of discrimination still exist, like prohibitions from
organizing processions for deities, etc.

ii. Social Disabilities

Section 4 imposes punishment for enforcing social disabilities on the ground of

untouchability. It lists the offences that fall under the purview of ‘social disabilities’

77
- preventing any person from - entering a shop, public restaurant or place of
public entertainment; using utensils and other articles kept in any public
restaurant, dharamshala, sarai or musafirkhana; practising any profession; using
any river, stream, well, tank or any other water body, or any cremation ground,
sanitary convenience, road/passage or pubic resort; using any place which is
used for charitable or public purpose wholly or party out of state funds; using any
public conveyance; constructing, acquiring or occupying any residential premises
and observing any social or religious custom or ceremony.

The empirical study reveals rampant violations of Section 4. This was observed
in Bommanahalli village of Gulbarga district, Karnataka. Members of the
Scheduled Castes were made to reside in settlements outside the city. Further,
they were not allowed to sit in the presence of people from “upper” castes. They
were also not allowed to enter houses of people who were not from the
Scheduled Castes. They were served food separately in weddings and if there
was a wedding in their family, to which they had invited people from the “upper”
castes, they were required to arrange for a special cook. Even the sources of
water were segregated. Where there were allowed to draw water from common
sources, they were not allowed to operate the pump themselves. They had to
wait for an “upper” caste person to draw water and give it to them. Members of
the Scheduled Castes/tribes were not allowed entry into temples as well,
especially during festivals. The field investigators discovered that there had been
instances of violence when the members of the Scheduled Castes/Tribes tried to
enter these temples. Another violation of the PCRA found in Bommanahalli
village was the fact that the members of the Scheduled Castes/Tribes were made
to carry on certain tasks like drum beating and cleaning the village streets.
Though they were not forced to do these tasks, refusal to do them led to verbal
abuse. There were also separate graveyards for “upper” castes and the
Scheduled Castes/tribes. The latter were strictly prohibited from taking
processions of dead bodies through the streets were people of the “upper” caste
resided.

78
 6.9(a): Are dalits supposed to carry their own plates

State Yes No Not responded Total

Andhra Pradesh 1 10 3 14

Karnataka 0 10 0 10

Madhya Pradesh 0 12 3 15

Rajasthan 2 6 0 8

Uttar Pradesh 1 9 0 10

West Bengal 0 11 0 11

Grand Total 4 58 6 68

The responses of dalits have suggested that the practice of untouchability

leading to social disabilities is prevalent. A few non-dalit respondents have also
confirmed that untouchability is observed with members of dalit community
during the social gatherings and feasts.

6.9(b) Are dalits supposed to wash the plates used by them

State Yes No Not responded Total

Andhra Pradesh 2 11 1 14

Karnataka 1 9 0 10

79
 Madhya Pradesh 1 12 2 15

Rajasthan 2 5 1 8

Uttar Pradesh 6 4 0 10

West Bengal 1 10 0 11

Grand Total 13 51 4 68

If we look at the responses from non-dalits, we find that only 4 out of 68 overtly
accepted that dalits are served food in different vessel. However the next table
shows that about 20% of the non-dalits responded that dalits are supposed to
wash their own utensils after having food during a marriage procession.

A similar situation was found in Waganagare village of the same district. Further,
in Waganagare, it was found that the usage of caste name was very prevalent. In
terms of usage of water, the investigators found an instance where the members
of the Scheduled Castes were not permitted to take water from a common
source, even when “their” source had been highly contaminated, since a dog had
died in the well. In Waganagare, the members of the Scheduled Castes/tribes
were forced to perform certain vocations like grave digging, drum beating,
cleaning the village streets. If they refused to do these tasks, they were subject to
physical and verbal abuse. There was a major issue as regards graveyards as
well. Separate graveyards were maintained. However, due to shortage of space,
non- Scheduled Castes people started burying their dead in graveyards
earmarked for the Scheduled Castes people. This led to a situation where the
latter have had to bury one body over another. Further, there have been cases of
violence on this issue.

80
Hence, the PCRA seems to have had no impact in these two villages of Gulbarga
district of Karnataka. Even in Honnavar taluk of Uttara Kannada district of
Karnataka, which was chosen by virtue of having the least number of cases
reported under the PCRA, there were restrictions on people from the Scheduled
Castes entering the house of people of the “upper” caste. They were not allowed
to take water from wells earmarked for use by the non- Scheduled Castes
people, nor were they allowed entering houses of Konkani Brahmins. In case of
other castes, people belonging to the Scheduled Castes were allowed to enter
the house, but not the kitchen and the pooja room. Usage of caste names to
address people is a common practice in Honnavar. Further, if people from the
Scheduled Castes were asked to work in houses of the non – Scheduled Castes,
they were made to eat using plantain leaves or if they used plates, they were
made to wash the plates with ash. In some instances, they were required to
sweep the area on which they sat and clean it with cow dung as well. Hence,
practices related to untouchability seem to be prevalent in areas of Karnataka
and the PCRA seems to have failed in its objective.

In Murshidabad District of West Bengal, where the research investigators visited,

the people of the dom community were not allowed to fill water from common
taps and they were served food in different vessels. This was practiced by the
sadgoph community. When the sadgophs were interviewed, they accepted that
they followed these practices, but attributed it to personal hygiene, rather than to
untouchability. In Brahminpara village of Murshidabad district, it was observed
that the Brahmins washed taps after people from the Scheduled Castes filled
water from them and also did not allow the people from the Scheduled Castes to
enter temples, except during festivals. However, in Muchipara and Daultapur
villages of South 24 Parganas, no such discriminatory practices were found. In
Lauli and Bhagwanpur villages in Sitapur district of Uttar Pradesh, it was
observed that separate utensils were given to people belonging to the Scheduled
Castes and the schedules tribes. However, there were no issues as regards
untouchability or other forms of discrimination flowing from the practice. The
conclusion drawn by the field investigators in Uttar Pradesh was that there was

81
no untouchability in the traditional sense. Hence, it appears that in general, the
PCRA seems to be having little effect in preventing practices prohibited by
Section 4 in Karnataka and parts of West Bengal. However, in Rajasthan,
Madhya Pradesh and Uttar Pradesh, traditional forms of untouchability, and
those forms which come within the purview of the PCRA were not being
practised.

Another important place to check the practice of untouchability is the Village Main
Street. Are the dalits free to enter the main street in the village? Only about 48 of
them said that they can enter the main street they are prohibited to enter the
main street. This aspect is especially evident in Karnataka and Madhya Pradesh.

6.10: Prohibition on entering the main street

State Yes No Total

Andhra Pradesh 1 109 110

Karnataka 15 175 190

Madhya Pradesh 30 112 142

Rajasthan 2 40 42

Uttar Pradesh 0 82 82

West Bengal 0 82 82

Grand Total 48 600 648

82
With regard to wearing of sandals and walking in front of a dominant caste
person, about 597 of the respondents said that they have no problems of wearing
sandals. But about 51 of them said that they cannot wear the sandals and walk.
Surprisingly in UP and WB those incidents are not reported.

Table: 6.11 Wearing of Sandals

State Yes No Total

Andhra Pradesh 106 4 110

Karnataka 175 15 190

Madhya Pradesh 112 30 142

Rajasthan 40 2 42

Uttar Pradesh 82 0 82

West Bengal 82 0 82

Grand Total 597 51 648

Respect for Other Castes in social Interactions:

Talking to people of other castes with folded hands: regarding this, only about 57
said that they have to do that. Whereas the rest 589 said that they need not do
so. Asked to sit at lower level than other caste people: to this also only about 46
said that they have to sit at a lower place before the dominant castes.

83
 6.12 Talking with folded hands

State Yes No Total

Andhra Pradesh 3 107 110

Karnataka 16 174 190

Madhya Pradesh 36 106 142

Rajasthan 2 38 42

Uttar Pradesh 0 82 82

West Bengal 0 82 82

Grand Total 57 589 648

6.13 Standing up in respect in front of dominant caste

State Yes No Total

Andhra Pradesh 53 57 110

Karnataka 17 173 190

Madhya Pradesh 36 106 142

Rajasthan 2 38 42

84
 State Yes No Total

Uttar Pradesh 78 4 82

West Bengal 1 81 82

Grand Total 187 459 648

Table: 6.14 Sitting at a lower level

State Yes No Total

Andhra Pradesh 1 109 110

Karnataka 2 188 190

Madhya Pradesh 36 106 142

Rajasthan 2 38 42

Uttar Pradesh 5 77 82

West Bengal 0 82 82

Grand Total 46 600 648

85
 Table: 6.15 Reaction of Respondents to these practices.

Andhra Madhya West

Reaction Karnataka RajasthanUttar Pradesh
Pradesh Pradesh Bengal

It is Common
0 15 1 0 12 6
Practice

Oppose 0 0 0 1 0 0

Should complain to
0 1 0 0 0 0
Police

No Reaction 110 174 141 41 70 76

Total 110 190 142 42 82 82

Entry to Non-Dalit Houses:

When asked how far they could enter into the house of the other caste a
significant number i.e., 535 said that they do have entry to the houses. Only
about 113 said that the upper caste people do not accept them into their houses.
(Table: 6.15). About 113 said that they could go into the interior of the house.

86
 6.15(a) Acceptance into their house

State Yes No Total

Andhra Pradesh 109 1 110

Karnataka 157 33 190

Madhya Pradesh 112 30 142

Rajasthan 27 15 42

Uttar Pradesh 82 0 82

West Bengal 48 34 82

Grand Total 535 113 648

On being asked whether they are supposed to clean their feet and hands before
entering their houses, about 137 said that they have to clean their feet and
hands.

Are there particular castes who do permit the dalits to enter their houses? For
this about 49 of them answered that Brahmins and Konkani castes don’t allow
them to their houses. (Table 6.16). But in West Bengal we find that about 34
OBC castes don’t allow entry into their houses.

87
 6.16 The castes which does not allow in their house

Andhra Madhya Uttar West

Caste Karnataka Rajasthan
Pradesh Pradesh Pradesh Bengal

Brahmin &
0 33 1 15 0 0
Konkani

Reddy 1 0 0 0 0 0

Some OBC 0 0 0 0 0 34

Total 1 33 1 15 0 34

6.16(a) If Dalits are allowed entry, how far can they enter the house

State Interior Exterior Not Responded Total

Andhra Pradesh 5 2 7 14

Karnataka 8 2 0 10

Madhya Pradesh 2 2 11 15

Rajasthan 2 5 1 8

Uttar Pradesh 3 6 1 10

West Bengal 9 1 1 11

Grand Total 29 18 21 68

88
A good number of non-dalits said that even if dalits are allowed into their houses,
they are not allowed to enter the interior parts of the house. This was especially
true in Karnataka, Andhra Pradesh and West Bengal.

Serving of Food and water in Non-Dalit Houses:

With regard to serving food and water about 516 said that they are served. Only
about 132 have said they are not served. If so then do they serve them in
separate vessels? About 160 said that they are being served in separate vessels
(Table. 6.18).

Table: 6.17 Served food and water in non-dalit houses

State Yes No Total

Andhra Pradesh 110 0 110

Karnataka 190 0 190

Madhya Pradesh 29 113 142

Rajasthan 23 19 42

Uttar Pradesh 82 0 82

West Bengal 82 0 82

Grand Total 516 132 648

89
 Table. 6.18 Serving with segregated vessels

State Yes No Total

Andhra Pradesh 6 104 110

Karnataka 55 135 190

Madhya Pradesh 0 142 142

Rajasthan 12 30 42

Uttar Pradesh 51 31 82

West Bengal 36 46 82

Grand Total 160 488 648

6.18(a): Are dalits served food and water in segregated vessels

State Yes No Not Responded Total

Andhra Pradesh 1 11 2 14

Karnataka 2 8 0 10

Madhya Pradesh 0 13 2 15

Rajasthan 4 3 1 8

90
 State Yes No Not Responded Total

Uttar Pradesh 8 1 1 10

West Bengal 1 10 0 11

Grand Total 16 46 6 68

In responding to questions about the serving of food, more than 25% of the non-
dalit respondents said that food and water is served in different vessels for dalits
and non-dalits.

6.18(b): Whether Dalits are served food in their towels or upper

garments

State Yes No Not responded Total

Andhra Pradesh 1 11 2 14

Karnataka 0 10 0 10

Madhya Pradesh 1 12 2 15

Rajasthan 0 6 2 8

Uttar Pradesh 6 4 0 10

West Bengal 0 11 0 11

Grand Total 8 54 6 68

91
A small number of non-dalits, especially in Uttar Pradesh also said that instead of
vessels or plates, dalits are served food in their towels and/or upper garments. A
larger number agreed that while giving drinking water to dalits, they prefer
pouring it directly in their hands instead of using a tumbler or any other vessel.

6.18(c): Do non-Dalits pour drinking water into the hands of the dalits

State Yes No Not Responded Total

Andhra Pradesh 1 12 1 14

Karnataka 0 10 0 10

Madhya Pradesh 0 13 2 15

Rajasthan 6 1 1 8

Uttar Pradesh 8 0 2 10

West Bengal 3 8 0 11

Grand Total 18 44 6 68

When dalits were asked if they walk at a distance when they encounter someone
from other castes, 78 persons answered in the affirmative.

92
 Table: 6.19 Walking at a distance

State Yes No Total

Andhra Pradesh 0 110 110

Karnataka 56 134 190

Madhya Pradesh 0 142 142

Rajasthan 22 20 42

Uttar Pradesh 0 82 82

West Bengal 0 82 82

Grand Total 78 570 648

Segregation at Feasts and Community Lunch:

Festivals are part and parcel of life. At least during these festivities there is
leniency in discriminatory practices. But they could also serve to reinforce the
existing realities. Table 6.20 shows that about 591 are being invited to take part
in important occasions such marriage. About 10 remarked that they are invited
as workers. Only about 52 said that they are not invited. But in these said
occasions about 171 said that they have to eat only after the other castes finish
their eating whereas about 476 answered negatively. But there are incidences of
serving food standing in a distance. About 89 said that these practices are still
alive. Reaction to these practices: only about 7 respondents feel that it is a
common or normative.

93
 6.20 Do other caste people invite

State Yes As Worker No Total

Andhra Pradesh 110 0 0 110

Karnataka 153 5 32 190

Madhya Pradesh 142 0 0 142

Rajasthan 23 0 19 42

Uttar Pradesh 82 0 0 82

West Bengal 81 0 1 82

Grand Total 591 5 52 648

Inter-dining:

Inviting other castes for any celebrations? About 508 said that they do invite
other caste people for celebration or important occasions. About 139 reported
that they don’t invite. The following table gives us the glimpses at the various
celebrations or important occasions for which all castes invited.

94
 Table: 6.20.1 Various Occasions

Andhra Madhya Rajast Uttar West

Occasion Caste Karnataka
Pradesh Pradesh han Pradesh Bengal

Marriage & other All

84 143 142 5 81 50
Function caste

All
House ceremony 0 13 0 0 0 0
caste

Laximipooja/Tula All
0 24 0 0 0 0
si Pooja caste

All
Jathras 0 0 0 0 0 0
caste

All
Some Festival 0 5 0 0 0 4
caste

Only 11 out of 68 non-dalits agreed that dalits are prohibited from participating in
temple activities.

6.20.2: Are Dalits prohibited from participating in the temple activities

State Yes No Not responded Total

Andhra Pradesh 5 8 1 14

Karnataka 1 8 1 10

95
 State Yes No Not responded Total

Madhya Pradesh 1 13 1 15

Rajasthan 4 3 1 8

Uttar Pradesh 0 2 8 10

West Bengal 0 10 1 11

Grand Total 11 44 13 68

Access to Drinking water

Another important area where untouchability is practised is accessibility to

drinking water. The sources of water, who draws, how water is drawn all these
throw much light on the caste discriminatory practices.

Table: 6.21 Sources of water for the respondents:

Drinking Andhra Madhya Uttar West

Karnataka Rajasthan Total
Water Pradesh Pradesh Pradesh Bengal

Well 72 128 60 19 0 0 279

Handpum
0 21 68 13 82 82 266
p

Tap 2 11 14 10 0 0 37

96
Drinking Andhra Madhya Uttar West
Karnataka Rajasthan Total
Water Pradesh Pradesh Pradesh Bengal

Both Well
0 15 0 0 0 0 15
& Tap

Tank 36 0 0 0 0 0 36

Canal
0 15 0 0 0 0 15
Water

Total 110 190 142 42 82 82 648

On whether both the communities are using the same sources of water or there
is exclusive source, about 46 have their own individual sources of water. But
another big number i.e. 343 have common water sources. Only about 259 said
that they exclusively for their own community. Only about 20 out of 425 said that
they have to wait until others draw the water. None reported the existence of a
separate queue.

Table 6.22 Drinking facilities

State Own Used by othersOur community Total

Andhra Pradesh 0 69 41 110

Karnataka 38 105 47 190

Madhya Pradesh 0 142 0 142

97
 State Own Used by othersOur community Total

Rajasthan 8 22 12 42

Uttar Pradesh 0 0 82 82

West Bengal 0 5 77 82

Grand Total 46 343 259 648

6.22.1: Whether Dalits are allowed to avail the services of other public
sources of drinking water

State Yes No Not responded Total

Andhra Pradesh 8 1 5 14

Karnataka 10 0 0 10

Madhya Pradesh 9 5 1 15

Rajasthan 4 3 1 8

Uttar Pradesh 8 1 1 10

West Bengal 10 0 1 11

Grand Total 49 10 9 68

98
 6.22.2 Is there a separate drinking water facility for dalits

State Yes No Not responded Total

Andhra Pradesh 5 8 1 14

Karnataka 2 8 0 10

Madhya Pradesh 1 14 0 15

Rajasthan 2 5 1 8

Uttar Pradesh 1 9 0 10

West Bengal 0 11 0 11

Grand Total 11 55 2 68

The fact that untouchability is observed even in case of access tp drinking water

was further substantiated with the data coming in from the non-dalit respondents.

11 out of 68 non-dalit respondents also agreed that there are separate sources of

drinking water for dalits and non-dalits. It was observed that the practice is more

prevalent in Andhra Pradesh. 10 out of 68 non-dalit respondents also said that

dalits are not allowed to avail the facility of other public sources of drinking water.

The Action Aid study examining the prevalence of untouchability in rural India
also found extensive imposition of social disabilities in contemporary rural
society. The following table reflects this position:

99
The study also highlights a disturbing trend of imposition of restrictions on public
behaviour that is not adequately dealt with by the PCRA. The study found the
following:

100
To briefly summarise, the above data on the social disabilities indicate that the
numerous and widespread instances are to be found of the practices sought to
be eradicated through Section 3, including segregation and restriction of access
to basic human resources. Such instances are found not only in the ‘public’
domain such as marriage processions and common water resources but also in
the manner of invitation to one’s household.

iii. Refusal to admit persons to hospitals etc.

Section 5 punishes the refusal (on the ground of untouchability), to admit persons
to hospitals, dispensaries, educational institutions or hostels that have been
established for the benefit of the public. It also makes an offence any act that
discriminates against any person after his/her admission into such institutions.
The punishment that can be imposed is a fine of a minimum of Rs. 100 and
maximum of Rs. 500, and imprisonment of a minimum of 1 month to a maximum
6 months.

Our field studies indicate that despite the existence of this enactment, there is
discrimination against dalits in the field of public services. Public life today is

101
 largely defined to an extent how much a society is being educated. Given caste
politics in Indian society we have to investigate this aspect seriously.

School Life

About 487 reported that their children go to school. About 161 said that their
children do not go to school. The following reasons have been sited as to why
they have to send their children go to school. About 22 reported that the children
go to school because of mid day meals. If they are not sending what are the
reasons? 31 have responded that they are not interested. Another 31 have said
due to economic reason their children do not go to school.

6.23 Why do they go to school

To get government or For mid day

State Education Both Total
good job meals

Andhra Pradesh 94 0 26 0 120

Karnataka 27 62 40 0 120

Madhya Pradesh 55 18 13 22 108

Rajasthan 29 4 0 0 33

Uttar Pradesh 45 9 14 0 68

West Bengal 42 7 6 0 55

Grand Total 292 100 0 22 513

102
If children are going to school where do they go? About 10 reported that they go
to a private school. Whereas 477 out of 487 have said they go to government
school.

Table 6.24 Private school or Govt. school

State Private Govt. Total

Andhra Pradesh 0 94 94

Karnataka 2 127 129

Madhya Pradesh 0 108 108

Rajasthan 8 25 33

Uttar Pradesh 0 68 68

West Bengal 0 55 55

Grand Total 10 477 487

Are there any restrictions on going to school? All reported that there are no
restrictions. Again everybody reported that there are no separate seating
arrangements in the school. Though there are no separate seating arrangements
yet the dalit children are asked to sit back in the class.

103
 Table: 6.25 Children are asked to sit at the back of the class

State Yes No Total

Andhra Pradesh 4 106 110

Karnataka 16 174 190

Madhya Pradesh 0 142 142

Rajasthan 2 40 42

Uttar Pradesh 2 80 82

West Bengal 46 36 82

Grand Total 70 578 648

About 78 have said that mid day meals are not served along with other caste
children. This practice has been reported to a significant level from Andhra
Pradesh. And to receive mid day meals about 12 reported of standing in separate
queue.

6.25(a) Whether dalit children have entry into village school

State Yes No Not responded Total

Andhra Pradesh 7 0 7 14

Karnataka 9 1 0 10

104
 State Yes No Not responded Total

Madhya Pradesh 13 0 2 15

Rajasthan 5 1 2 8

Uttar Pradesh 9 0 1 10

West Bengal 6 4 1 11

Grand Total 49 6 13 68

In West Bengal 6 out of 11 non-dalits also said that dalit children do not have
entry to schools in the states. This brings into light the extent of untouchability
being observed in the State.

Table: 6.26 Children allowed having food with other children

State Yes No Total

Andhra Pradesh 74 36 110

Karnataka 2 188 190

Madhya Pradesh 0 142 142

Rajasthan 2 40 42

Uttar Pradesh 0 82 82

West Bengal 0 82 82

105
 Grand Total 78 570 648

The aforementioned findings are further substantiated by the results of a recent

study conducted by Action Aid, which showed that caste-based discrimination
and untouchability is rampant even in schools and among children. It was
reported that Dalit children are made to sit separately during meal time in village
schools of Madhya Pradesh. When they protest, they are threatened and beaten
badly by the teacher. Villagers of dominant caste do not even allow Dalits to cook
midday meals at the school.146 The case provides an insight into the penetration
of the practice of untouchability.

Library

When asked about the availability of library facility in the village, about 83 have
said that there is library facility. But a large number i.e. 565 have said that there
is no library in their village. The library is utlilsed based on literacy levels. There
are no restrictions whatsoever.

Table: 6.27 Public library in the village

State Yes No Total

Andhra Pradesh 31 79 110

Karnataka 42 148 190

Madhya Pradesh 0 142 142

Rajasthan 10 32 42

146
http://www.actionaid.org/india/index.aspx?PageID=%202942

106
 State Yes No Total

Uttar Pradesh 0 82 82

West Bengal 0 82 82

Grand Total 83 565 648

Women and untouchability

Caste Discrimination ultimately results in victimising women, particularly in Dalit

community. Hence it becomes important to check whether the PCRA has
resulted in giving agency to women or not.

About 55 of the respondents said that women of Dalit community have to walk at
a distance when she encounters someone from other castes. We find this
interestingly being practiced in Karnataka. With regard to the question of wearing
saree above their knees, only about 12 from Andhra Pradesh said that they have
to do so whereas 636 have reported that there is no such practice. Is there a
practice that women are not allowed to wear blouses? None reported this
practice. But about 20 respondents said that the women of Dalit Community are
not allowed to wear jewellery. About 628 reported there is no such practice.

107
 Table 6.28 Woman walking at a distance

State Yes No Total

Andhra Pradesh 0 110 110

Karnataka 53 137 190

Madhya Pradesh 0 142 142

Rajasthan 2 40 42

Uttar Pradesh 0 82 82

West Bengal 0 82 82

Grand Total 55 593 648

To briefly summarise, with respect to access to public services, while many

untouchables do not have access to these services, it is still doubtful as to
whether the cause is caste-based discrimination. In services like public schools,
there are reports that children are asked to sit behind, and often there is
discrimination practiced in the implementation of public services like the mid day
meal scheme. Women especially face this discrimination in the context of their
appearance and clothing. Here again, while the magnitude of figures is not high,
the problem still exists.

108
iv. Refusal to sell goods or render services

Section 6 states that whoever, on the ground of untouchability, refuses to sell any
goods or render any services to any person at the same time and place and on
the same terms as they are sold to other members of the public during the
ordinary course of business can be punished with is a fine of a minimum of Rs.
100 and maximum of Rs. 500, and imprisonment of a minimum of 1 month to a
maximum 6 months.

The Action Aid study found the prevalence of other forms of economic disability
imposed on the grounds of untouchability. The following table illustrates this
issue:

109
110
 6.28(a) Whether there are any Dalit Teachers in schools

State Yes No Not responded Total

Andhra Pradesh 6 6 2 14

Karnataka 6 0 4 10

Madhya Pradesh 0 8 7 15

Rajasthan 0 4 4 8

Uttar Pradesh 1 8 1 10

West Bengal 9 2 0 11

Grand Total 22 28 18 68

The scant number of dalit teachers also reflects upon the bias towards these
castes. As many as 28 out of 68 non dalit respondents accepted that there are
no dalit teachers in schools in their respective villages.

The data also indicates that despite the existence of Section 6, many goods and
services are still denied to dalits and lower castes, as indicated below.

111
Hotel/ Public Eating places:

The following table shows the number of people who go to hotels in the villages
across different states. Majority i.e., 350 out of 648 are not going to village hotels.
Why? Is it being restricted? Our study shows, in Table 6.29, that either in most of
villages there is no hotel, or the reason seem to be no money. Generally access
to hotels is not restricted. Here the economic criterion seems to be the main
cause than one’s caste.

Table 6.29 Reason for not going to hotel

Andhra Madhya Uttar West

Reason Karnataka Rajasthan Total
Pradesh Pradesh Pradesh Bengal

Economic 19 72 0 0 0 2 93

We eat at home 3 0 0 1 0 1 5

No Hotel 0 0 130 34 40 45 249

Had quarrel
0 0 0 1 0 0 1
with hotel owner

Too far 0 0 0 0 0 2 2

Total 22 72 130 36 40 50 350

Table 6.30 shows the kind of practices that exist in serving food and beverages
in the hotels in the villages. Out of the 298 respondents who go to hotel only 48
responded that they are served outside the hotel. Majority of them are from
Andhra Pradesh. Another 12 respondents are from MP and in Karnataka only 2

112
reported of being kept outside the hotel. But in UP and W.B such practices are
not reported.

Table 6.30 Serving food outside the hotel

State Yes No Total

Andhra Pradesh 28 60 88

Karnataka 2 116 118

Madhya Pradesh 12 0 12

Rajasthan 1 5 6

Uttar Pradesh 0 42 42

West Bengal 0 32 32

Total 43 255 298

But when the respondents were asked whether they are served in separate
vessels, totally 18 respondents reported that they were served in separate
vessels. Out of this number 17 are from Karnataka. Here, the peculiarity is that
they are not restricted from entering the hotels but inside the hotel food is served
with separate utensils.

Shops

Another public space where every body has to go is the village shop for grocery.
Table 6.31 shows the location of the shops in the village. About 461 respondents
said that the shops are located inside the village.

113
 Table: 6.31 Location of the Shop

Main Road/
State Inside the Colony Near by town Total
Inside the village

Andhra Pradesh 110 0 0 110

Karnataka 88 24 78 190

Madhya Pradesh 122 0 20 142

Rajasthan 12 0 30 42

Uttar Pradesh 58 0 24 82

West Bengal 71 0 11 82

Total 461 24 163 648

With regard to the question whether they are allowed touch the items they buy,
about 627 persons said that they could touch and chose items to buy. Only 21
respondents said that they cannot touch and buy.

Table: 6.32 Touching and choosing items

State Can touch Can’t touch Total

Andhra Pradesh 90 20 110

Karnataka 190 0 190

114
 State Can touch Can’t touch Total

Madhya Pradesh 142 0 142

Rajasthan 41 1 42

Uttar Pradesh 82 0 82

West Bengal 82 0 82

Total 627 21 648

Another question was asked to the respondents, where would they sell their
products. Table 6.33 shows their responses. About 407 do not sell their products.
Only about 177 sell their products in the market place. Another 38 of them sell
through the middle men.

Table: 6.33 Selling of products

No Production Both market &

State Market Middle Man Total
/don't Sell Middle man

Andhra Pradesh 90 0 20 0 110

Karnataka 188 2 0 0 190

Madhya Pradesh 0 142 0 0 142

115
 No Production Both market &
State Market Middle Man Total
/don't Sell Middle man

Rajasthan 3 21 18 0 42

Uttar Pradesh 78 4 0 0 82

West Bengal 47 8 0 27 82

Total 406 177 38 0 648

Table: 6.34 Respondents stand outside the shop while purchasing

State For every one Yes No Total

Andhra Pradesh 1 49 60 110

Karnataka 0 8 182 190

Madhya Pradesh 0 0 142 142

Rajasthan 0 1 41 42

Uttar Pradesh 0 0 82 82

West Bengal 0 0 82 82

Total 1 58 589 648

116
Laundry

The respondents were asked whether they wash their clothes by themselves,
everyone said yes. Further when it was asked whether the Dhobi gives them
laundry services (table-6.35) about 43 said yes. But about 344 said that Dhobis
do not give services to the respondents. Another 206 said that there are no
dhobis in their villages and again another 55 said that they don’t require their
services.

Table 6.35 Village Dhobi gives laundry services

State Yes No No Dhobi We don't take service Total

Andhra Pradesh 43 67 0 0 110

Karnataka 0 135 0 55 190

Madhya Pradesh 0 142 0 0 142

Rajasthan 0 0 42 0 42

Uttar Pradesh 0 0 82 0 82

West Bengal 0 0 82 0 82

Grand Total 43 344 206 55 648

Barber:

Another area that was investigated is the services of the Barber to the
respondent community. About 317 of the respondents across the states said that
they would go to the barber shop for haircut. Another 218 said that the Barber

117
comes to their colony for haircut. This is found in Karnataka, M.P and West
Bengal. The rest 113 said that they go to the nearby town for the same purpose.
When the question was posed regarding the denial of haircut there was an
unanimous response that nothing of that sort existed.

But about nine respondents reported that though there is no denial of haircut but
separate instruments are used for them. (table. 6.36)

Table: 6.36 Using Separate instruments

State Yes No Total

Andhra Pradesh 0 110 110

Karnataka 2 188 190

Madhya Pradesh 0 142 142

Rajasthan 0 42 42

Uttar Pradesh 0 82 82

West Bengal 7 75 82

Total 9 639 648

Again, about 58 respondents, particularly from Uttar Pradesh reported that they
are not allowed to enter into the Saloon. This is quite interesting because in the
above table it is seen that the Barber gives services to them all, but in the Saloon
entry is denied. This might be due to the fact of where the saloon is located. To
the other questions there are no negative responses recorded.

118
 Table. 6.37 Entry into the Saloons

State Yes No Total

Andhra Pradesh 110 0 110

Karnataka 48 0 48

Madhya Pradesh 90 0 90

Rajasthan 40 2 42

Uttar Pradesh 0 55 55

West Bengal 57 1 58

Total 345 58 403

To briefly summarize, data suggests that largely there is access to services like
hotels, public eating places, and discriminatory access was only reported in a few
states. There are disturbing instances with some persons not being able to touch
goods in a shop, and a large percentage of untouchables apprehensive about
selling their goods in the village shop. Other services like haircuts also seem to
be not subject to caste based discrimination.

v. Other offences arising out of untouchability

S. 7 prescribes punishment for other offences that arise out of untouchability.

The offences under sub-section include preventing any person from exercising
his/her right under Article 17; molesting, injuring, annoying, obstructing, or

119
causing a person to lose his/her right or injures or boycotts any person who has
exercised such right; using words (spoken or written), signs, visible
representations or incites or encourages any person/s to practice untouchability;
or insults or attempts to insult a member of the Scheduled Castes on the ground
of untouchability. The punishment that can be imposed is a fine of a minimum of
Rs. 100 and maximum of Rs. 500, and imprisonment of a minimum of 1 month to
a maximum 6 months.

The following data from our field report suggests that dalits are still being denied
their basic rights, despite the existence of this section. In this section the
following aspects are verified: Forced services, Discriminatory practices in wage/
workplace/ irrigation etc. the responses are largely varied.

1. Forced Services dalits /people perform in the village: whether there are
forced services in the following category, the responses again varied.

i. Drum beating

ii. Grave digging

iii. Cremation

iv. Harbingers of death news

v. Chappal making

vi. Removal of carcass

vii. Animal Sacrifice

viii. Manual scavenging

ix. Cleaning the village

About 154 said that they are forced for drum beating, another 42 have said that
they have to dig the graves for burial. About 97 have said that they have to make

120
 chappals and about 78 have said that they have to do animal sacrifice.
Scavenging is not reported (Table: 6.38)

Table: 6.38 Services that respondent and people from respondent caste
perform

Scavenging
Removal of

Traditional
cremation

Sweeping
Sacrifice
Chappal

brewers
carcass
digging
beating

State

making

Animal
Grave
Drum

Total
Andhra
60 6 0 42 63 63 57 0 0 291
Pradesh

Karnataka 86 0 0 19 0 0 0 0 0 105

Madhya
0 26 0 26 0 0 0 0 0 52
Pradesh

Rajasthan 0 10 0 10 0 15 0 0 0 35

Uttar
8 0 0 0 0 0 0 0 5 13
Pradesh

West
0 0 0 0 0 0 0 0 57 57
Bengal

Grand
154 42 0 97 63 78 57 0 62 553
Total

121
Discrimination in Wages: The following table shows the mode of payment that
exists in the village. About 328 have said that the mode of payment is through
money for their work. Either money or grain is given in another 313 cases.
Regarding restrictions on the type of work, 10 respondents, all from MP have
said that there are restrictions on type of work they have to do.

Table 6.39 Mode of Payment

State Money Grains Both Not working Total

Andhra Pradesh 39 0 71 0 110

Karnataka 127 0 61 2 190

Madhya Pradesh 103 0 36 3 142

Rajasthan 30 0 12 0 42

Uttar Pradesh 14 0 66 2 82

West Bengal 15 0 67 0 82

Grand Total 328 0 313 7 648

122
 Table: 6.40: Difference in lease rates and conditions

State Yes No Total

Andhra Pradesh 0 110 110

Karnataka 0 190 190

Madhya Pradesh 10 132 142

Rajasthan 0 42 42

Uttar Pradesh 0 82 82

West Bengal 0 82 82

Grand Total 10 638 648

Table: 6.41: Does employer keep money on the floor or throw into your
hands to avoid touch

State Don’t touch Give it to hand Total

Andhra Pradesh 0 110 110

Karnataka 0 190 190

Madhya Pradesh 0 142 142

123
 State Don’t touch Give it to hand Total

Rajasthan 2 40 42

Uttar Pradesh 0 82 82

West Bengal 0 82 82

Grand Total 2 646 648

Discrimination at workplace:

Standing outside the field until other castes finish ritual performance in the
beginning of agricultural activity: about 55 have said that they have to perform
this. 82 persons reported they are allowed to enter the field only after non-Dalits.

Table: 6.42: Standing outside the field

State Yes No Total

Andhra Pradesh 0 110 110

Karnataka 55 135 190

Madhya Pradesh 0 142 142

Rajasthan 0 42 42

Uttar Pradesh 0 82 82

West Bengal 0 82 82

124
 Grand Total 55 593 648

As an indication of discrimination in the work place as well as in access to basic

resources, about 197 have said that they cannot take water from wells and pots,
and also 58 said that they have to sit separately at lunch.

Table: 6.43 Taking water from wells and ponds

State Yes No Total

Andhra Pradesh 56 54 110

Karnataka 175 15 190

Madhya Pradesh 86 56 142

Rajasthan 15 27 42

Uttar Pradesh 42 40 82

West Bengal 77 5 82

Grand Total 451 197 648

125
 Table: 6.44: Sit separately while taking lunch

State Eat at home No Yes Total

Andhra Pradesh 23 87 0 110

Karnataka 0 135 55 190

Madhya Pradesh 0 142 0 142

Rajasthan 0 39 3 42

Uttar Pradesh 0 82 0 82

West Bengal 0 82 0 82

Grand Total 23 567 58 648

Discrimination in Irrigation facilities:

371 farmers said they did not have the facility of access to water from a public
source, as indicated below. In 26 cases, it is said that they have to take
permission for utilising water. All of these cases are reported from MP.

Table: 6.45: Showing the accessibility of water from public source

State Yes No Total

Andhra Pradesh 44 66 110

Karnataka 55 135 190

126
 State Yes No Total

Madhya Pradesh 62 80 142

Rajasthan 38 4 42

Uttar Pradesh 4 78 82

West Bengal 74 8 82

Grand Total 277 371 648

Traditional maid Service:

Any Dalit daya/maid working in other caste houses: about 293 have said that
they have to work as maids/dayas in other caste houses. About 26 have said that
there is discrimination in wage payment offered to a dalit daya and a non-dalit
daya. During their work in the house about 293 have said that they are allowed
inside the house. Whereas about 355 said that they are not allowed

Table: 6.46 Maids working in other caste houses

State Yes No Total

Andhra Pradesh 55 55 110

Karnataka 97 93 190

Madhya Pradesh 52 90 142

127
 State Yes No Total

Rajasthan 13 29 42

Uttar Pradesh 68 14 82

West Bengal 8 74 82

Grand Total 293 355 648

Table: 6.47 Differentials in the wages offered to a dalit daya and a non-dalit daya

State Yes No/ Not sure Total

Andhra Pradesh 0 110 110

Karnataka 0 190 190

Madhya Pradesh 26 116 142

Rajasthan 0 42 42

Uttar Pradesh 0 82 82

West Bengal 0 82 82

Grand Total 26 622 648

128
 Table: 6.48 Maid allowed entering the house

State Yes No Total

Andhra Pradesh 55 55 110

Karnataka 97 93 190

Madhya Pradesh 52 90 142

Rajasthan 13 29 42

Uttar Pradesh 68 14 82

West Bengal 8 74 82

Grand Total 293 355 648

6: Political Life

Exercising Rights:

About 625 have said that they have freedom and liberty to participate in the
political activities of the Village. Only about 3 from West Bengal have said that
there are restrictions to that.

Then are they prevented from entering the Village Panchayat Office? No such
thing exists. They are even free to contest elections. But with regard to voting
pattern about 4 have said that they are prevented from voting. Again the same
number have said that they had to wait for their turn to cast their vote.

129
 Table: 6.49 Prevented from exercising respondent’s right to vote

State Yes No Total

Andhra Pradesh 0 110 110

Karnataka 0 190 190

Madhya Pradesh 0 142 142

Rajasthan 4 38 42

Uttar Pradesh 0 82 82

West Bengal 0 82 82

Grand Total 4 644 648

Table: 6.50 Compelled to vote only after the other castes finish their turn

State Yes No Total

Andhra Pradesh 0 110 110

Karnataka 0 190 190

Madhya Pradesh 0 142 142

Rajasthan 4 38 42

130
 State Yes No Total

Uttar Pradesh 0 82 82

West Bengal 0 82 82

Grand Total 4 644 648

The following tables based on the data collected from non-dalits reflect more
upon the political disabilities emanating from the practice of untouchability. The
indicate that although dalits are not prevented from contesting elections,
exercising their right to vote and participating in the village panchayat meetings,
the level of participation of dalits in political life is negligible.

6.50.1: Do Dalits have the freedom and liberty to participate in the political
activities of the village

State Yes No Not responded Total

Andhra Pradesh 6 0 8 14

Karnataka 10 0 0 10

Madhya Pradesh 15 0 0 15

Rajasthan 7 0 1 8

Uttar Pradesh 6 4 0 10

131
 State Yes No Not responded Total

West Bengal 11 0 0 11

Grand Total 55 4 9 68

6.50.2: Whether Dalits are prevented from contesting in elections

State Yes No Not responded Total

Andhra Pradesh 0 7 7 14

Karnataka 0 10 0 10

Madhya Pradesh 1 14 0 15

Rajasthan 0 7 1 8

Uttar Pradesh 4 6 0 10

West Bengal 0 11 0 11

Grand Total 5 55 8 68

6.50.3: Are dalits prevented from exercising their right to vote

State Yes No Not responded Total

Andhra Pradesh 0 7 7 14

132
 State Yes No Not responded Total

Karnataka 2 8 0 10

Madhya Pradesh 1 14 0 15

Rajasthan 0 7 1 8

Uttar Pradesh 0 10 0 10

West Bengal 0 11 0 11

Grand Total 3 57 8 68

The fact that is worth considering is that even though dalits themselves have at
many instances complained about the untouchability practiced by other castes,
very few non-dalit respondents accepted that dalits are discriminated against
during the Gram Sabha proceedings.

6.50.4: Are Dalits given segregated seating arrangement in the meetings of

the village panchayat

State Yes No Not responded Total

Andhra Pradesh 0 7 7 14

Karnataka 0 10 0 10

Madhya Pradesh 0 11 3 14

133
 State Yes No Not responded Total

Rajasthan 0 7 1 8

Uttar Pradesh 2 8 0 10

West Bengal 0 11 0 11

Grand Total 2 54 11 67

6.50.5: Are Dalit representatives served food and drinks in segregated

vessels

State Yes No Not responded Total

Andhra Pradesh 0 8 6 14

Karnataka 0 10 0 10

Madhya Pradesh 0 13 2 15

Rajasthan 1 6 1 8

Uttar Pradesh 2 8 0 10

West Bengal 0 11 0 11

Grand Total 3 56 9 68

134
 6.50.6: Do dalits participate in the meetings of the Grama Sabha

State Yes No Not responded Total

Andhra Pradesh 3 1 10 14

Karnataka 10 0 0 10

Madhya Pradesh 0 0 15 15

Rajasthan 1 7 0 8

Uttar Pradesh 6 4 0 10

West Bengal 11 0 0 11

Grand Total 31 12 25 68

6.50.7: Are Dalits prohibited from participating in the meetings of the

Grama sabha

State Yes No Not responded Total

Andhra Pradesh 1 4 9 14

Karnataka 3 7 0 10

Madhya Pradesh 0 13 2 15

135
 State Yes No Not responded Total

Rajasthan 0 7 1 8

Uttar Pradesh 0 3 7 10

West Bengal 0 11 0 11

Grand Total 4 45 19 68

About 58 have said that there are separate seating arrangements at Panchayat
Meetings. whereas about 590 have denied such practice. About 30 have said
that Dalit representatives served Food and Drinks in separate vessels. But about
618 have denied any such thing.

Table: 6.51 Given segregated seating arrangement in the meetings of the

village panchayat

State Yes No Total

Andhra Pradesh 0 110 110

Karnataka 0 190 190

Madhya Pradesh 26 116 142

Rajasthan 22 20 42

Uttar Pradesh 3 79 82

136
 State Yes No Total

West Bengal 7 75 82

Grand Total 58 590 648

To other questions about restrictions on exercising power/ called by caste name,

or being invited to preside over functions in the village etc, there are no negative
responses.

The following table shows that normally dalits contest elections only from the
reserved constituencies. Even if they contest from unreserved sets, their chances
of winning are bleak. It shows that the political empowerment of dalits through
affirmative action has been largely confined to the constituencies reserved for
SCs/STs.

6.51.1: Have Dalits contested and won in constituencies which were not
reserved for Dalits

State Yes No Not responded Total

Andhra Pradesh 1 5 8 14

Karnataka (for member ship) 3 7 0 10

Madhya Pradesh (BSP influence) 7 8 0 15

Rajasthan 3 5 0 8

Uttar Pradesh 4 6 0 10

137
 State Yes No Not responded Total

West Bengal 0 8 3 11

Grand Total 18 39 11 68

Table: 6.54 Respondents participating in the meetings of the Grama Sabha

State Yes No Total

Andhra Pradesh 95 15 110

Karnataka 115 75 190

Madhya Pradesh 31 111 142

Rajasthan 37 5 42

Uttar Pradesh 0 82 82

West Bengal 82 0 82

Grand Total 360 206 566

Though there is no prevention of respondents from expressing their view points

in the council meeting, but about 66 have said that they are addressed by their
caste names

The following tables, based on the data collected from non dalit respondents,
also testify to the fact that the participation of dalits in the political life of village is

138
far from satisfactory. More than 20 non dalit respondents out of the total 68, have
agreed that dalits are not invited to be the president of official functions of the
village panchayat. Only 31 out of total 68 non dalit respondents positively replied
to the question about the participation of dalits during the meetings of village
panchayats.

6.54 (a): Whether Dalits are being invited to be the president of all official
functions within the jurisdiction of the village panchanyat

State Yes No Not responded Total

Andhra Pradesh 1 0 13 14

Karnataka 9 1 0 10

Madhya Pradesh 1 12 2 15

Rajasthan 0 3 5 8

Uttar Pradesh 6 4 0 10

West Bengal 11 0 0 11

Grand Total 28 20 20 68

139
 6.54(b) Do dalits participate in the meetings of the Grama sabha
(Village Assembly)

State Yes No Not responded Total

Andhra Pradesh 3 1 10 14

Karnataka 10 0 0 10

Madhya Pradesh 0 0 15 15

Rajasthan 1 7 0 8

Uttar Pradesh 6 4 0 10

West Bengal 11 0 0 11

Grand Total 31 12 25 68

The following table gives glimpses into the various facilities that are accessed by
Dalits. Are there discrimination in schemes to Dalits and non-Dalits? Only about
2 in Rajasthan have said that they have been discriminated.

Table: 6.52 Facilities and schemes meant for the Dalits

Gas Given school, PDs card,

Reservation, School,
State connection, houses, hospital, Emp No Total
Chattels, rashan, Loans at guarantee SC
Food for particular
Health Light, low interest scheme certificate
work
camps, Drinking (road

140
 scholar Water construction
ship works)

Andhra
85 0 0 0 0 0 25 110
Pradesh

Karnataka 0 143 0 0 0 0 47 190

Madhya
0 0 84 0 0 0 58 142
Pradesh

Rajasthan 0 0 0 32 0 0 10 42

Uttar
0 0 0 0 52 0 30 82
Pradesh

West
0 0 0 0 0 24 58 82
Bengal

Grand Total 85 143 84 32 52 24 228 648

It was also observed that the non-dalit respondents had very limited knowledge
about the schemes are facilities available for dalits. This also, at times, prevents
the proper execution of the welfare programmes of state and central
governments to be executed and make the benefits of these schemes reach the
deserving.

141
 6.52(a) What facilities and schemes meant for the Dalits

State All Deepam Panchayat BPL and, BPL educational Not Total
normal budget, Buffaloes cards support, Responded
govt Jawahar Loans ,grdiro employment
schemes Ragar etc awas assurance,
yojans yojna etc
jobs for
SC's ,
subsidy in
veterinary
hospital

Andhra Pradesh 6 2 0 0 0 0 6 14

Karnataka 0 0 8 0 0 0 2 10

Madhya Pradesh 0 0 0 0 0 0 15 15

Rajasthan 0 0 0 8 0 0 0 8

Uttar Pradesh 0 0 0 0 8 0 2 10

West Bengal 0 0 0 0 0 10 1 11

Grand Total 6 2 8 8 8 10 26 68

The following table gives details regarding the reactions against the practice of
discrimination. Of the Respondents, about 360 have said that they participate in
village meetings. About 206 have said that they do not participate. Of the people
participating, 12 in Rajasthan reported separate seating arrangements.

142
 Table: 6.53 Reaction to these practices

State Can't do anything Told to leaders Total

Andhra Pradesh 0 0 0

Karnataka 2 0 2

Madhya Pradesh 0 0 0

Rajasthan 0 3 3

Uttar Pradesh 0 15 15

West Bengal 0 16 16

Grand Total 2 34 36

Table: 6.55 Respondent addressed by their caste name

State Some times No Total

Andhra Pradesh 0 110 110

Karnataka 2 188 190

Madhya Pradesh 0 142 142

Rajasthan 4 38 42

Uttar Pradesh 6 76 82

143
 State Some times No Total

West Bengal 54 28 82

Grand Total 66 582 648

Further offences under Section 7

Section 7 (2) punishes a person who denies to any other person belonging to
his/her community or any section thereof the right or privilege to which such
person would be entitled as a member of such community, or who participates in
the excommunication of such person on the ground that such person has refused
to practice untouchability.

This provision is intended to protect persons who have been associated with
people who are treated as ‘untouchable’ or who refuse to carry out practices of
untouchability. Such persons can avail of the PCRA to take action against those
who have denied them rights or been party to their ex-communication.

In Kanhu Ram v. Durga Ram147, the respondent had stood as surety for Ramka,
a member of the Scheduled Castes , against whom a case had been registered.
According to the respondent, the petitioners resolved to ex-communicate him as
he had stood as surety for a Harijan. He filed a private complaint with the Judicial
Magistrate (provisions of law not mentioned in judgment) under the PCRA. The
petitioners moved an application before the Magistrate contending that the
respondent could not file a complaint under the Protection of Civil Rights Act as
he was a Rajput and not a member of the Scheduled Castes . The Court
dismissed their application and held as follows,

147
MANU/HP/0029/1979, 1980 CriLJ 518

144
“It is evident by reference to Section 15 of the Untouchability (Offences Act, 1955
that the offences under the Act are cognizable and there is nothing in the Act to
show that only a particular person can file a complaint for the offences committed
under the Act. Under the circumstances, there is no substance in the contention
that the respondent-complainant has no locus standi to file this complaint.”148

An important question that has often come up before courts is the interpretation
of S. 7 (1) (d) of the PCRA which punishes persons who insult a member of the
Scheduled Castes on the ground of untouchability. The PCRA does not provide a
definition of “insult”. S. 504 of the IPC defines insult as “an intentional use of
abusive filthy language which is capable of provoking breach of peace on the
part of the complainant.” The problem arises in ascertaining whether the insult of
a Scheduled Castes has occurred on the ground of untouchability. Courts have
held that ‘insult simpliciter’ does not come within the purview of S. 7 (1) (d). The
test is to ask whether the insult would have taken place irrespective of the fact
whether the victim was or was not a member of the Schedule Caste. If yes, then
the insult falls under the category ‘insult simpliciter’ which is outside the ambit of
clause (d). On the other hand, if the insult is uttered specifically because the
victim was a member of Scheduled Castes and would not have been made if he
had been of higher caste, then the insult is on the ground of untouchability.149

150
In Laxman Jayaram v. State of Maharashtra , the accused who was employed
at the same department as the complainant insulted him as follows, “Come on
Maharsaheb. Have you finished the leave? Are you joining? Rs. 900 has been
spent and so now you remember about your service. God has given bread to
your Mahar caste and you do not deserve it. Your caste is such.” An offence was
registered under S. 7 (1) (d) of the PCRA. The question before the court was
whether the insult had been on the ground of untouchability. The Court held in
the negative. It said that the accused intended to tell the complainant to be
honest and hardworking in the discharge of his duties. To quote from the

148
Id, at Para 7
149
Phulsingh v. State of Madhya Pradesh 1991 Cri.L.J. 2954
150
MANU/MH/0021/1980, 1981 CriLJ 387

145
judgment, “A person-returned from long leave and a superior officer expressed
his resentment on the attitude of a person towards his job, cannot be said to be
referable to preaching and practice of untouchability or expression thereof cannot
be said to be on the ground of untouchability. It is necessary to read those words
in the context and the background and one cannot take those words out of
context and say that they deal with the Mahar caste and therefore they are on the
ground of untouchability.” The Court refused to apply S. 12 on the ground that
even assuming that the words alleged to be used by the accused were true, they
were not an insult but an admonition and therefore, no presumption of law arises
in this case.

The reasoning of the Bombay High Court is fallacious. S. 12 comes into

operation once the following two conditions are satisfied – (i) the victim is a
member of the Scheduled Castes , (ii) the use of the insulting words is proved.
The burden is on the defence to prove that the insult was not because of
untouchability. In the present case, both conditions were satisfied and the burden
was therefore on the accused to prove that his words were not on the ground of
untouchability and that they were intended to reprimand the complainant for his
laxity towards his job. Yet, the court put the burden on the prosecution and held
that it could not prove that the insult was on the ground of untouchability.

In Shantabai v. State of Maharashtra151, the complainant received lands for

cultivation from a person and this was not liked by the accused. The accused
went upto the complainant while he was cultivating the land and said, “Mahardya,
do not speak more, I will cut you. This Mahardi of Dahisar had gone too high (has
become arrogant) and each one of them should be killed.” The complainant
registered a case and the accused was prosecuted for offences under Ss. 7 (1)
(b) & (d). The question before the court was whether the insult was on the ground
of untouchability. The court referred to the MR Balaji decision where the Mysore
High Court had examined the caste system and said that its original functional
and occupational bases had been replaced by rigid conceptions of superiority

151
MANU/MH/0032/1981

146
and inferiority. In this context, the word ‘Mahadarya’ was insulting and if used by
a person belonging to a higher caste on a Scheduled Castes, it would have a
nexus with untouchability. However, the court said that no general rule could be
laid down as it would depend on the facts and circumstances of the case. It said
that every insult/attempt to insult a Scheduled Castes was not necessarily on the
ground of untouchability and would not fall under S. 7 (1) (d). But since the abuse
was addressed to a member of the Scheduled Castes, the presumption under S.
12 would be available to him. The Court criticised the decision in Laxman
Jayaram as having restricted the scope of S. 12. To quote from the judgment,

“If for proving an offence under Section 7(1) (d) of the Act, the prosecution is also
required to prove the fact that the act constituting the offence was committed on
the ground of untouchability, then the presumption contemplated by S. 12 will
have no meaning and the entire S. 12 will become redundant or surplusage.”152

With respect to the merits of the case, the Court found that the accused had
been convicted by the trial court under S. 7 (1) (d) without having been given an
opportunity to explain the incriminating circumstances against him during his
examination under S. 313 of the CrPC. Hence, the Court remanded the matter
back to the trial court to give the accused such opportunity.

In Phul Singh v. State of Madhya Pradesh,153 the accused had abused the
complainant and threatened to run over him with a tractor. He was convicted
under S. 7 (1) (d) which he appealed against. The question before the court was
whether the offence was committed on the ground of untouchability. The Court
held that the test was whether the insult would have taken place irrespective of
whether the complainant was an untouchable or not. If yes, then the insult would
not fall under S. 7. If the answer was in the negative, then the insult would be on
the ground of untouchability. The Court further said that it should examine
whether the insult was part of personal quarrel which took place between a
person of higher caste and a member of Scheduled Castes; or whether it was

152
Id, at Para 13
153
MANU/MP/0285/1991, 1991Cri LJ 2954

147
offered in a studied manner in the absence of any quarrel. It found that the
complainant and the accused had quarreled in the past and were not on good
terms. To quote from the judgment, “What the P.C.R. Act seeks to punish is
preaching and practice of untouchability vide the preamble given at the outset of
the Act. The Act does not seek to punish acts simply because they were
committed in relation to a person belonging to Scheduled Castes.”154 It further
stated that when full facts of a case are known, the presumption under Section
12 would not reverse the decision of the case.

The problem with the decision is that the offence of untouchability gets buried in
the finding that there existed previous personal enmity between the parties. The
fact that both the complainant and accused are not on good terms does not
justify the insulting of the former by the latter on the ground of caste. Such an
approach carries the danger of looking for a sole intention of untouchability
whereas no such requirement has been specified in the Act.

In M.A. Kuttappan v. E. Krishnan Nayanar,155 the complainant filed a case under

S. 7 (1) (d) of the Protection of Civil Rights Act alleging that the respondent made
disparaging observations against him stressing on the fact that he was a member
of the Scheduled Castes . (He allegedly stated as follows - There is an MLA
Kuttappan, that Harijan MLA, he climbed over the table and was dancing.) The
Supreme Court acquitted the accused saying that the respondent did not utter
the words against the complainant on the ground of untouchability; neither did he
instigate the audience to practise untouchability.

To quote from the judgment, “To attract the said provision it had to be shown that
the words so uttered had the effect of insulting the appellant on the ground of
‘untouchability’ which is not the case. There was no justification for the
submission that the words allegedly uttered by respondent No. 1 encouraged his
audience to practise untouchability or that respondent No. 1 practised

154
Id, at Para 8
155
(2004) 4 SCC 231

148
untouchability. The appellant was neither insulted nor attempted to be insulted on
the ground of untouchability”.156

In Pandurang Laxman Chaudhry v. State of Maharashtra,157 the accused, who

was the landlord of the complainant, got annoyed by smoke that was being
emitted by the water heater and went to the house of complainant and abused
him by calling him names such as ‘Dhedgya Mahardya’. The complainant lodged
a complainant under S. 7 (1) (d). The accused was convicted for criminal
trespass under the IPC and under the PCRA. He went on appeal to the Court of
Sessions which upheld his conviction. He then filed a criminal revision petition.
The High Court set aside the conviction and said that the appellant had visited
the complainant’s house with the primary purpose of stopping the smoke
nuisance. Also, the case had been filed after the delay as a result of which the
witnesses could not remember the exact words used. Hence the conviction under
the PCRA was not sustainable.

The survey of case law under Section 7 (1) (d) reveal a measure of judicial
‘stinginess’ in deciding cases in relation to this Act. The Section makes it an
offence to insult or attempt to insult “on the ground of ‘untouchability’ a member
of a Scheduled Castes.” Most of the cases, as discussed above have held in
favour of the accused by interpreting the term ‘on ground of untouchability’
narrowly. The section no where states that the insult should be on grounds of
untouchability alone. There might be other reasons for the insult, but as long as
untouchability is part of the rationale matrix of the accused, the offence is
committed. Further, the phrase ‘on grounds of untouchability’ can be interpreted
in two ways, each imposing a different standard of scrutiny for the offence. If ‘on
grounds of untouchability’ is deemed to mean that the insult would not have been
made if the victim was not a member of the Scheduled Castes , then the focus of
the court will be on the parties themselves and the relationship between them.
Another interpretation of the phrase would be to look at the content of the insult.

156
Id, at Para 11
157
MANU/MH/0285/1980

149
If the insult is directed at the caste characteristic of the member of the Scheduled
Castes, it is sufficient to constitute an offence of untouchability. In the cases
described above, the accused used language that sought to belittle the victim on
the basis of his or her caste characteristic. The field work also shows that verbal
abuses and calling SCs by their caste names, especially when they try to assert
their rights is a very common phenomenon. For example, the empirical study in
Bommanahalli village revealed that members of the Scheduled Castes s/tribes
are abused using their caste names, when there is a conflict/dispute. This shows
that abusing a person by his/her caste name is still a prevalent practice. Not
prosecuting/punishing a person just because the caste name was used during a
conflict would amount to a miscarriage of justice. If the goal of the Act is to
eradicate the practice of untouchability, then any form of oppression or
discrimination based on caste characteristics has to be targeted. In keeping with
this goal, it is submitted that it is this second interpretation that has to be adopted
to give meaning and effect to the purpose of the Act.

Section 7, by and large deals with mild forms of atrocities. The more aggravated
forms are dealt with under the POA Act. However, as stated above, the practice
of untouchability and the commission of atrocities are inextricably interlinked.
Untouchability is often the root cause and atrocity is the result. Therefore, both
atrocities and untouchability should be dealt with in the same legislation and the
same machinery should be set up to fight both these evils.

To conclude, the role of judges, as also other state functionaries, including

legislators under this Act can be summed up in the words used by Justice
Ramaswamy in State of Karnataka v. Appu Balan,158 where he said, “In
interpreting the Act, the judge should be cognizant to and always keep at the
back of his/her mind the constitutional goals and the purpose of the Act and
interpret the provisions of the Act in the light thus shed to annihilate

158
AIR 1993 SC 1126

150
untouchability; to accord to the Dalits and the Tribes right to equality, bring social
integration to fruition and make fraternity a reality.”159

159
Id, at Para 35

151
VII. PROCESSES UNDER THE “PROTECTION OF CIVIL RIGHTS ACT
(PCRA), 1955”

A certain procedure is followed for the way complaints are made, FIRs are
registered, and the institution functions in the prosecution of caste-based crimes
under the PCRA. This chapter contains data on the study of these processes,
and has slotted the issues and problems pertaining to processes in four broad
problem areas.

i. Problems with Registration of FIRs

While making a complaint under the PCRA, it is mandatory for the complainant to
state his caste in the FIR. In Manoj alias Bhau v. State of Mali,160 it was specified
that while an FIR is not an encyclopedia of events, the basic prosecution case
had to be stated whereby it discloses the requirement of law which would enable
the police to conduct their investigation. For offences under the PCRA, if the
complainant does not state his caste in the FIR, then they cannot be registered.
The caste of the accused has to also be stated in order to show that s/he is not a
member of the Scheduled Castes.

In Bhalchander v. State of Maharashtra,161 the complainant (village Sarpanch)

was abused by the respondents in the name of his caste and manhandled as
well when he tried to maintain peace during a Panchayat meeting where they
had tried to create obstructions. The complainant did not state the caste of the
accused in the typed report but added it in his own handwriting later. This was
held to be valid as an FIR by the court. To quote from the judgment, “even
though in the body of the F.I.R., the complainant has failed to specifically mention
that the accused does not belong to the Scheduled Castes or Scheduled Tribe,
still he may bring sufficient material before the concerned Police Officer to make

160
(1994) 4 SCC 268
161
MANU/MH/0812/2006

152
out his case under the Atrocities Act and to commence investigation for the
same. For this, the complainant could make a statement before the Police Officer
about the caste of the accused or he could produce certain documents and if the
Police Officer finds that material sufficient to come to prima facie conclusion that
the accused does not belong to Scheduled Castes or Scheduled Tribe, he may
register the offence under the Atrocities Act or Civil Rights Act and investigate
the offence, provided other ingredients of such offence are made out.”162

In Manohar v. State of Maharashtra163, the Court had to decide a common

question in many appeals regarding the non-mention of the caste of the
complainant and the accused. The High Court referred to the decision of
Laxmibai Poul v. State of Maharashtra164 which “laid down that if the caste of the
complainant is not disclosed in the F.I.R. the police authorities could not be said
to have any material to invoke the powers under Chapter XII of the Criminal
Procedure Code and to commence investigation considering the complaint to be
a cognizable complaint”.165 It also referred to Manoj v. State of Maharashtra
which had said that “there is a distinction which can and ought to be drawn
between disclosure of all facts and details relating to a cognizable offence and
disclosing essential substantial facts which are necessary to be given for
conducting that a cognizable offence has been committed.”166 Hence the caste of
both the complainant and the accused is a mandatory requirement of FIRs for
offences under the PCRA and POA. FIRs without mentioning the caste are
invalid and hence liable to be quashed.

In Bibhishan v. State of Maharashtra167, the complaint was quashed because the

complainant did not state his caste in the FIR. The facts were that the
respondents were chatting by the side of a road when the accused persons
stopped near them, abused them by calling them by the name of their caste

162
Para 6, The Court referred to the decisions in Martandrao Kulkarni and Anr v. State of Maharashtra
[2005 (4) Mh.L.J. 588] & Anant Vasantlal Sambre v. State of Maharashtra.
163
MANU/MH/0877/2005 [2005 CriLJ 4653]
164
MANU/MH/0966/2004.
165
Id, at Para 7
166
Id, at Para 7
167
2006 INDLAW MUM 353

153
‘Mangtya’ and manhandled them. When Respondent One’s wife tried to
intervene, she was also beaten. A case was registered under the IPC, S. 3 (1) (x)
of the POA and S. 7 (1) (d) of the PCRA. The accused filed a writ petition
seeking to quash the FIR on the ground that it had been falsely filed because of
previous enmity and because the complainant had not stated his caste in the
FIR. The format of the FIR shows the caste of the complainant to be ‘Hindu
Mang’ and that of the accused to be ‘Hindu Mali’ whereas the body of the FIR
does not state the caste of the complainant. The Court accepted the contention
of the accused and held that no case could be registered under either the PCRA
or the POA. Though the format of the FIR shows the complainant as belonging to
the ‘Mahar’ caste, it is not known where the police got this information from, and
the complainant has not stated his caste anywhere in the body of his report.

It is interesting to note that while the PCRA itself does not differentiate between
accused belonging to different castes, the judicial as well as police policy has
read in the need for this information into the FIR. Further, invalidating FIRs on the
ground of small technicalities reveals that the judicial policy is not attuned to the
larger social goal of the enactment.

It should be the duty of the police officers to inform the complainants to state their
caste in the FIR since the PCRA does not contain provisions indicating the
procedure of filing complaints.

ii. Procedural lapses

In State of Maharashtra v. PC Tatyaji168, the respondent, a police constable had

been charge-sheeted for an offence under S. 7 of the PCRA. He contended that
the chargesheet had been filed beyond the period of limitation (6 months) under
S. 468 of the CrPC, and that the investigation had continued beyond the
stipulated 6 months without the prior sanction of the Magistrate as required by S.
167 (5) of the CrPC and was hence illegal. The trial court discharged the
respondent on the ground that the charge-sheet was illegal as it had been filed

168
MANU/MH/0034/1985

154
late. The state appealed against this order contending that the chargesheet had
been filed within the period of limitation and that irregularity in investigation does
not affect the Court’s power to take cognizance of an offence. The High Court
found that the charge-sheet had been filed within the period of limitation which
was one year for an offence punishable with imprisonment of a term not
exceeding one year. With respect to the requirement of magisterial sanction of
investigations continuing beyond 6 months, it sent the case back to the trial court
to see whether additional investigation was necessary and whether any
miscarriage of justice had been caused because of the delay in filing the charge-
sheet.

In State of Karnataka v. Lakshminarayan Bhatt169, the question before the court

was whether the prosecution was barred by time. The facts of the case were that
the Deputy Superintendent of Police had conducted a raid on a tea hotel run by
the respondents on the basis of a petition filed by the chairman of the Panchayat
Committee. He found that certain utensils (lower part of a coconut chip) were
kept aside for use by Scheduled Castes s. He registered a case under Section 4
(i) and (ii) of the Protection of Civil Rights Act. The Sub-Inspector of Police filed
the charge-sheet beyond time, he submitted an application requesting that the
delay be condoned as the accused had been absconding and evading arrest.
The Magistrate condoned the delay and the respondents filed a revision petition
challenging this order. The Magistrate allowed the petition on the ground that the
reasons given by the prosecution for the delay were not acceptable. The State
filed a revision petition against this order in the High Court. The Court held that
the Magistrate’s order was not based on a proper appreciation of the matter and
hence invalid. It said, “Having regard to the mandate of our Constitution in Article
17 of the Constitution, the object and purpose of the Act, the nature and the
gravity of the allegations made against accused Nos. 1 and 2, the seriousness of
the charge, which totally escaped the attention of the Magistrate when he
proceeded to consider the question as to whether the delay should or should not

169
MANU/KA/0147/1991, 1991 Cri LJ 2126

155
be condoned; in their cumulative and total effect would show that this is a fit case
to take cognizance of the offences alleged against accused Nos. 1 and 2 after
expiry of the period of limitation, in the interest of justice.”170 It directed the
Magistrate to proceed with the trial and to conclude the proceedings within six
months.

The approach of the court works to the advantage of the victim of untouchability
since s/he has no control over the investigation beyond the filing of the offence
and testifying during the proceedings. Non-compliance or irregularities in
procedural requirements result in the loss of a remedy to the complainant for no
fault of his/hers. At the same time, the reason for specifying such requirements is
to ensure that the rights of the accused are protected so that s/he is not put
behind bars for an indefinite period of time without being tried. It is the
responsibility of the investigation and prosecution agencies to ensure that
procedural irregularities do not take place resulting in vitiation of proceedings to
the detriment of the complainant or violation of the rights of the accused.

In Jagadeesh Ram v. State of Rajasthan171, the accused-petitioner refused to

accept water from the non-petitioner who had offered water to him on his request
for the same as he was a Scheduled Castes. A case was registered but the
Magistrate proceeded with the case without considering the police report that
been submitted as per the requirements of S. 210 of the Code of Criminal
Procedure. This action was challenged before the High Court which set aside the
order of the lower court for not considering the police report during his enquiry
under Sections 200 and 202 of the CrPC. The High Court said, “The record
which has been submitted by the police is a material placed on the record and it
is the duty of the Court to consider that record and then to arrive at its own
conclusion whether in such a case process should be issued against the accused
or not. In this case, the Magistrate has not at all considered that record. The
order issuing process against the accused does not disclose that he even looked

170
Id, at Para 44
171
MANU/RH/0152/1988 (1989 CriLJ 745)

156
into that record what to talk of its consideration before it ordered to issue the
process against him and, therefore, that has resulted in the abuse of the process
of the Court and grave miscarriage of justice.”172 The Court this sent the matter
back to the trial court to proceed according to the law.

This case involves a procedural lapse on the part of the Magistrate leading to
unnecessary prolongation of the trial to the detriment of both the victim and the
accused. There is an urgent necessity for the State investigation and prosecution
machinery to be made aware of the procedures to be followed by them.

As this section highlights, there have been several instances of non-compliance

with procedural requirements on the part of both the police and the Judiciary.
There have been some instances of misinterpretation of the provisions of the
PCRA by Judges. Both sets of cases highlight the authorities’ ignorance of the
substantive and procedural aspects of the law. We strongly recommend the
preparation and distribution of training manuals that will detail out the required
procedures that are to be followed by the police during registration of offences,
investigation and charge-sheeting of offences, as well as by the Magistrates in
commanding the police to stop or continue investigations etc. The Police and
Judicial Academies can play a pivotal role in preparing manuals and bench
books for the proper implementation of the Act.

iii. Problems with Witnesses

One important factor in the large number of acquittals under the Act is that of the
problems faced by witnesses. The following provides more information on the
problems with regard to the witnesses during the trials.

When asked about the response of witnesses during the trials half the dalit
leaders said that the witnesses did not cooperate at all. Such non cooperation
from the witnesses was particularly observed in Karnataka, Andhra Pradesh and
Uttar Pradesh.

172
Id, at Para 14

157
 6.55(a): How do witnesses respond to the trial

Do not Respond With money they can Not

State cooperate well go back Responded Total

Andhra Pradesh 2 0 0 1 3

Karnataka 4 0 0 0 4

Madhya Pradesh 0 0 0 2 2

Rajasthan 0 1 1 0 2

Uttar Pradesh 2 0 0 2 4

West Bangal 0 0 1 0 1

Grand Total 8 1 2 5 16

The following Table highlights another issue with regard to the role of witnesses
in the cases. All the DPPs who were interviewed felt that in many cases,
witnesses turn hostile and this, in absence of other admissible evidence, results
in the acquittal of the perpetrators. Judges also shared the same view. (Table…)
Another Table (….) depicts that delay in trials, economic reasons and settlement
of cases between parties are primarily responsible for witnesses turning hostile.

158
6.55(b): Do the witnesses turn hostile resulting in acquittal of the accused
(DPPs)

State Yes No Not Responded Total

Andhra Pradesh 0 0 0 0

Karnataka 0 0 0 0

Madhya Pradesh 1 0 0 1

Rajasthan 1 0 0 1

Uttar Pradesh 9 0 0 9

West Bangal 0 0 0 0

Grand Total 11 0 0 11

6.55(c): Whether witnesses turn hostile resulting in acquittal of the accused

(survey amongst judges)

State Yes No Not Responded Total

Andra Pradesh 0 0 0 0

Karnataka 1 1 1 3

Madhya Pradesh 0 0 1 1

Rajasthan 1 0 1 2

159
 State Yes No Not Responded Total

Uttar Pradesh 4 1 0 5

West Bangal 0 0 0 0

Grand Total 6 2 3 11

6.55(d): Why do witnesses turn hostile? (data from judges)

Economic Delay in Settlement between the Not

State reason trail parties Responded Total

Andhra Pradesh 0 0 0 0 0

Karnataka 0 0 0 0 0

Madhya Pradesh 1 0 0 0 1

Rajasthan 1 0 0 0 1

Uttar Pradesh 1 2 3 3 9

West Bangal 0 0 0 0 0

Grand Total 3 2 3 3 11

160
It can be concluded that the main factors responsible for the failure of cases of
atrocities in the courts are considered to be the following:173

1. Economic vulnerability of the witnesses leading to their being won over at

the hearing stage;

2. Pendency of atrocity cases in the courts for long periods;

3. Atrocity cases being taken over by less experienced prosecutors and

some of them playing dubious roles;

4. Lack of interest by the police in the investigation of the case;

5. Failure on the part of the investigating officer to produce requisite

evidence; and

6. Lack of adequate support and protection by the police to the prosecution

witnesses.

The protection of witnesses is, therefore, another important factor that needs to
be effectively dealt with. It has been stated in a note furnished to the Eleventh
Committee, by the Ministry of Welfare, that the State Governments have pointed
out that witnesses turning hostile, or the witnesses being won over by accused
persons, or complainants themselves not supporting their complaints are the
major reasons for large scale acquittals. The Governments have stated that they
are taking measures to expedite the investigation of such cases. They have
further mentioned that cases are being contested vigorously by the accused also
resulting in large scale acquittal.174 The Committee recommended in this regard
that adequate protection should be provided to witnesses to prevent them from
turning hostile.175

173
Prasad, Chandra, Kumar, Effective Implementation, pp. 17-18.
174
Committee on the Welfare of the Scheduled Castes s and Scheduled Tribes (1985 – 86), Eighth Lok
Sabha, Eleventh Report, Ministry of Welfare – Atrocities on Scheduled Castes s and Scheduled Tribes, Lok
Sabha Secretariat, New Delhi, April 1986, pp. 79-80.
175
Ibid. , p.85.

161
In response to a query by the Twenty-Third Committee, the Ministry of Home
Affairs replied that most cases lodged under the PCR and POA ended in
acquittal because of the unwillingness on the part of the witnesses to attend court
due to various reasons principal among which is their loss of wages on the day
they attended courts, the time spent by them and the expenditure incurred by
them.176 Other reasons for the high rate of acquittals were found to be weak
prosecution, no-coordination amongst investigation officers and lack of control
over supervision.177

In speaking to Judges who handle cases under this Act, we asked them whether
this was still a reason why there were such a large number of acquittals in caste
based offences. We were told that even though the POA Act provided for
compensation to witnesses, this was not given till months after the witness
appeared in court. Thus, in practical effect, giving of compensation to the
witnesses had not proved useful in bringing down acquittal rates. It is pertinent to
note that the NHRC has also recommended that necessary arrangements have
to be made for providing traveling expenses and maintenance to victims and
witnesses.178 Therefore, it is important not only to compensate the witnesses, but
to do so expeditiously, and as far as possible, on the same day.

Another good suggestion, which was given by Shri. Gowder, MP at the time of
debate in Parliament was that mobile courts should be set up throughout the
country for the purpose of implementing the Act vigorously. He also suggested
that adequate protection should be given to victims who approach the Court.179

iv. Non-compoundable nature of offences

176
This was also given as a major reason for high rates of acquittal by the Ministry of Welfare to the
Eleventh Committee. Committee on the Welfare of the Scheduled Castes s and Scheduled Tribes (1985 ).
86), Eighth Lok Sabha, Eleventh Report, Ministry of Welfare – Atrocities on Scheduled Castes s and
Scheduled Tribes, Lok Sabha Secretariat, New Delhi, April 1986,p.80.
177
Committee on the Welfare of the Scheduled Castes s and Scheduled Tribes (1992 – 93), Tenth Lok
Sabha, Twenty Third Report on Ministry of Home Affairs and Ministry of Welfare, Atrocities on
Scheduled Castes s and Patterns of Social Crimes Towards Them Lok Sabha Secretariat, New Delhi,
April 1993, p.22.
178
NHRC, p.271-73.
179
Lok Sabha Debates, May 23 1972, col. 178.

162
The Untouchable Offences Act 1955 contained a provision which permitted
offences to be compounded. The Elayaperumal Committee recommended the
deletion of the provision on the ground that the victims of practices of
untouchability were coerced into withdrawing their complaints and opting for
settlements by the aggressor. This defeated the purpose of the legislation. The
recommendation was accepted and the provision was deleted by the 1976
amendment. Hence, there is no such provision in the Protection of Civil Rights
Act. Yet the question as to whether offences are compoundable has come up
before the courts.

In Dhanraj v. State,180 the Court held that offences under the PCRA were
compoundable. To quote from the judgment – “The Preamble to the Protection of
Civil Rights Act reads that the Act was intended to punish the preaching of and
practice of Untouchability, and for the enforcement of any disability arising
therefrom. When the parties themselves have voluntarily and willingly come
forward to settle their differences, I do not think there can be any legal
impediment in permitting the same, since it is not contrary to the spirit of the Act.
When the affected parties under the Protection of Civil Rights Act themselves
come before this Court and are prepared to compound the offence, there is no
reason why this Court should not accept the same, since, in my opinion, the Act
itself will be better implemented if compounding of such offences is permitted.”181

The Court adopted an erroneous interpretation of the PCRA completely

disregarding the objective of offering protection to victims of untouchability by
omitting the section on compoundable offences after the 1976 amendment.

In almost all the instance, it was found during the study (Table 6.55(e)), that
cases result in compounding which could be attributed to the reasons mentioned
above.

180
MANU/TN/0008/1985
181
Id, at Para 4

163
 6.55(e): The cases that end in compounding (DPPs)

State Yes No Not Responded Total

Andra Pradesh 0 0 0 0

Karnataka 0 0 0 0

Madhya Pradesh 1 0 0 1

Rajasthan 1 0 0 1

Uttar Pradesh 7 1 1 9

West Bangal 0 0 0 0

Grand Total 10 1 1 11

In State v. Kudligere Hanumanthappa,182 the question before the court was

whether offences under the IPC and under S. 7 of the PCRA were
compoundable. The Court held that the PCRA did not make any provision for
compounding offences. With respect to seeking the permission of the court to
compound offences, the Karnataka High Court was of the opinion that once the
State prosecuted a person for the alleged contravention of the PCRA, individuals
who have been responsible for initiating action by the police cannot approach the
court to allow the offence to be compounded without getting the State’s consent.
It further said that compounding of offences would not further the objectives of
the PCRA which was a penal statute whose purpose was to ensure that people
were not ill-treated or humiliated merely because of their caste. To quote from
the judgment, “More often than not those who had suffered any indignity,
suffered humiliation and physical punishment at the hands of those who claim

182
MANU/KA/0149/1991, 1992 CriLJ 832

164
superiority of birth and very often are persuaded to accept a truce imposed either
by further threats or intimidation or at times being lured with the offer of a measly
sum in exchange for their silence.”183 Saying this, the Court expressed its dissent
from the decision in Dhanraj v. State.

183
Id, at Para 6

165
VIII. THE SUPPORTING INSTITUTIONAL INFRASTRUCTURE

This chapter deals with the weaknesses and problems afflicting the myriad
institutional infrastructure behind the PCRA and the efforts to eradicate
untouchability.

i. Institutional Weaknesses

During the British period, the chief legal support for untouchability came not
through affirmative enforcement of disabilities, but through the immunity granted
against self help by the upper castes either through institutional apathy or
through a policy of non-interference, which effectively resulted in support for the
action taken by the upper castes. The institutional setup provided by the PCRA
has aimed at reducing institutional apathy by legislating upon a slew of
substantive and procedural principles to be followed by public officials in the
implementation of the Act. The Act also places a positive obligation on
governments to take affirmative steps to effectuate the provisions of the Act.

The PCRA is part of a wider policy to eradicate caste-based discrimination and

disability. It is recognition that untouchability is deep – rooted and there is a need
for social change to achieve eradication. Hence, various legislations, like the
Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition
Act), 1993, the Bonded Labour (Abolition) Act, 1976, the Child Labour
(Prohibition and Regulation) Act, 1986, the Minimum Wages Act, 1948, the Inter
– State Migrant Workmen (Regulation of Employment and Conditions of
Services) Act, 1979 and the Scheduled Castes s and Scheduled Tribes
(Prevention of Atrocities) Act , 1989 were enacted, in addition to the PCRA, to
bring about social and economic change. It is pertinent to note that all these
enactments are fighting different symptoms of the same disease. Also, all
enactments suffer from the same problems of lack of awareness and
implementation because of the existence of better machinery under one or the
other Acts. All these Acts also overlap in certain areas creating confusion as to
the exact nature and scope of the various provisions. In light of this, it is

166
important to examine whether there is need for separate legislation on each of
these symptoms of caste-based discrimination and persecution, or whether a
comprehensive legislation addressing all these issues, but also locating the cure
in a legislatively mandated framework of affirmative policy options as well as
special institutional structures might be better suited to tacking these issues. In
the particular context of examining the institutional setup to deal with these
legislations there is a clear need to establish an integrated mechanism for
addressing the grave issue of designing an effective institutional solution to
address the problem of caste-based discrimination and untouchability.

In addition to this broader recommendation, let us look at the role of each of the
institutions that are required to play a role in the effective implementation of the
Act.

ii. Police

1. Intelligence

Gathering intelligence and in the process preventing crimes is one of the most
important tasks undertaken by the police. In light of the perception that PCRA
crimes are ‘light’ crimes, the police do not give importance to collection of
intelligence as regards the PCRA. Hence, there have been suggestions to
constitute a Cell to exclusively deal with caste related crimes.

In its Fifty-First report, the Committee on the Welfare of Scheduled Castes and
Scheduled Tribes recommended that a Special Cell should be constituted in the
Central Bureau of Investigation (CBI), which should collect information on
atrocities committed against Scheduled Castes s and Scheduled Tribes wherever
they occur, provide facilities for investigation by a Central team of Officers when
needed and coordinate with the State Governments for speedy disposal of such
cases.184

184
Committee on the Welfare of the Scheduled Castes s and Scheduled Tribes (1973 – 76), Fifth Lok
Sabha, Fifty First Report, Ministry of Home Affairs (Presented on March 31, 1976), Lok Sabha
Secretariat, New Delhi, March 1976, p. 15.

167
When the Eleventh Committee suggested that a special Cell from the side of the
Government should be constituted to look after the instances of atrocities against
Sc/STs, the representative of the Ministry of Welfare stated as follows:

“There is a very large network of Intelligence-gathering machinery in the States.

There are special arrangements to gather special types of Intelligence. You have
already got a Central Agency which again supplements and complements. There
are many other items of work. By fragmenting one particular intelligence
gathering agency and calling it a ‘Cell’ you will not get much purpose out of it.
The important point is this. This subject of atrocities against harijans which
creates or causes such problems which must be the responsibility of all
concerned. That is what has got to be impressed, that is being impressed. We
cannot substitute wide network of agencies that are functioning in the field by
creating any small Cell there and saying, ‘No, you do something about it’ and so
on. I very much doubt that kind of a thing which can substitute the agencies that
exist. We have to continuously improve our functioning. I would in the end only
like to plead with you that it is very difficult to subscribe to the view that the cause
of atrocities, etc., is due to the failure of the machinery. It is not so…..all that I am
saying is that the addition of a Cell in the intelligence machinery at the Central
level may not serve the desired purpose from the Ministry’s point of view.”185

While this point is well made, a reconciliation of the two views can take place by
creating a Cell which acts as a nodal committee for gathering information
supplied by the whole network of intelligence agencies. It would be the
responsibility of such a Cell to forward information so received to appropriate
authorities and help, where required, in investigative work as well. This will help
in streamlining the intelligence gathering mechanism and also apportion
responsibility efficiently.

185
Committee on the Welfare of the Scheduled Castes s and Scheduled Tribes (1985 – 86), Eighth Lok
Sabha, Eleventh Report, Ministry of Welfare – Atrocities on Scheduled Castes s and Scheduled Tribes, Lok
Sabha Secretariat, New Delhi, April 1986, pp.70-71.

168
The argument to set up such a cell is buttressed by the fact that a particularly
disturbing factor behind many of the pre-planned atrocities and other caste based
offences is the absence of adequate advance information with the state
government authorities and, therefore, the lack of a proper protective
arrangement. Such incidents not being a result of sudden eruptions, many of
them can be prevented if timely intelligence is available, a correct assessment of
the situation is made, and adequate preventive action taken in time.186

2. Investigation

Section 15 of the PCRA makes the offences under the Act cognizable in nature.
By virtue of Schedule I of the CrPC, they are bailable. Because of this, the
provisions of the Act lose much of their teeth, since bail becomes a matter of
right. Hence, complaints have been received, that the police advice the informant
not to use this Act. Further, political leaders who usually accompany the victim
insist that the cases be registered under the POA Act since the offences under
that Act are non-bailable. This ultimately leads to a situation where there is a
mismatch between the factual position and the offence that the person is charged
for, ultimately leading to the person being discharged or acquitted, as the case
may be. This brings down, not only the rate of conviction but also the rate of
registration of cases itself. Hence, the police play a very important role, at the
initial stage itself and if there are problems at this stage, it may lead to cases not
being registered and even if they are, of they not being properly investigated,
leading to the acquittal of the accused. Keeping this in mind, various suggestions
have been made regarding the role of the police, with respect to investigation.

At the time of amending the Untouchability (Offences) Act, there was recognition
of the fact that there needs to be an examination of the reasons because of
which the number of cases being registered under the Act was abysmally low. It
was felt by certain MPs that this was because the police were hesitant to register
FIRs under the said Act and even if they were registered, the cases were not

186
Prasad, Chandra, Kumar, Effective Implementation, p.18.

169
pursued with interest. This was attributed to the mindset of the police.187 Prior to
this, in 1962, the Estimates Committee, in its 48th Report, on page 20, had stated
that the PCRA had not been effective and the experience had been that offences
go unnoticed, partly due to the lack of police officials to prevent and investigate
offences and partly due to the fact that the Harijans are dependent on the Caste
Hindus economically, in rural areas, and hence are hesitant to file a report with
the Police.188 There was also an apprehension that in certain cases there was
willful neglect by the police in investigating cases. It was further suggested by
Shri Bhola Prasad, MP, that the Act should set up Appellate machinery, which
could be approached in case the police refuse to register FIRs or if the victims
feel that the police are not taking an active interest in investigating their matter.189
Along the same lines, Shri S.K. Vaishampayen suggested that vigilance
committees be set up at the District level to monitor implementation of the Act. 190

In 1980, the then Home Minister wrote to the Chief Ministers of the States and in
that letter certain guidelines were issued for the proper implementation of laws to
prevent atrocities being committed against Scheduled Castes s and Scheduled
Tribes.191 These guidelines provided, inter alia, that:

• When an atrocity has taken place in a village, there is a possibility of chain

reactions in neighboring villages and areas, therefore, preventive vigilance
and preparedness, and intensive patrolling should be stepped up in such
villages and areas.

• The effectiveness of punishment depends not only on the quantum but also
on the speed with which it is imposed. Therefore, the police machinery should
be required to complete the investigation on a top priority and charge these
cases within the shortest possible time, in any case not exceeding 14 days.

187
Lok Sabha Debates, May 23 1972, col. 167.
188
Lok Sabha Debates, June 15, 1962, col 10940.
189
Rajya Sabha Debates, September 3 1976, col. 67.
190
Rajya Sabha Debates, September 3, 1976, col. 81.
191
Committee on the Welfare of the Scheduled Castes s and Scheduled Tribes (1985 – 86), Eighth Lok
Sabha, Eleventh Report, Ministry of Welfare – Atrocities on Scheduled Castes s and Scheduled Tribes, Lok
Sabha Secretariat, New Delhi, April 1986, p.47.

170
In regard to a suggestion made by the 31st committee that Cells should be set up
at the District level to effectively deal with cases of atrocities, the Ministry of
Home Affairs replied that:

“The suggestion that such cells should be set up at the District level has been
examined. The Ministry is of the view that there should be a cell in the Office of
the District Superintendent of Police for not only collecting statistical information
with regard to cases of atrocities but also to give due attention to the
investigation of such cases. Institutional arrangements should also be made in
the office of the District Magistrate/Collector to deal with grievances of SC/STs.
This cell should register all complaints received from members of Scheduled
Castes and Scheduled Tribes, ask for reports from the concerned authorities and
place them before the Collector/Magistrate for passing of necessary orders. State
governments have been requested to consider setting (sic) of such cells at the
district levels, particularly in areas prone to this problem.”192

It has been seen that even where Special Cells have been created to overlook
investigation etc, the personnel manning such cells are drawn from the regular
police force, and they do not have any special training for this post.

It has been recommended by the 31st committee that the Government should
arrange special training courses for the police officers with a view to enable them
to understand the problems and difficulties of Scheduled Castes and Scheduled
Tribes and to equip them with the basic knowledge of laws and rules in respect of
matters concerning the amelioration of Scheduled Castes and Scheduled Tribes
and also the Government’s approach and policies on these issues.193

At the National Workshop on the Effective Implementation of the POA Act, Dr.
Subramanian suggested the following measures to improve the image of the

192
Committee on the Welfare of the Scheduled Castes s and Scheduled Tribes (1978 – 79), Sixth Lok
Sabha, Thirty First Report, Ministry of Home Affairs – Atrocities on Scheduled Castes s and Scheduled
Tribes, Lok Sabha Secretariat, New Delhi, April 1979, p. 17.
193
Ibid., p. 33.

171
police among the citizens and making it welfare and justice- orientated
organisation.

a. Provide sensitivity training;

b. Conduct orientation courses in terms of innovativeness and social

leadership;

c. Train them in terms of group and public management and related

techniques;

d. Increase their awareness and social participation in public affairs;

e. Recruit and train officers through continuous exposures of various

programmes fostering professional ethics and commitment to social
justice.194

iii. Judiciary

The role of the judiciary in ensuring that the Act is effectively implemented does
not need to be emphasised. Looking at the sensitivity of the issue, and the need
for speedy justice, Section 15 – A(2)(iii) empowers the State Governments to set
up Special Courts for the trial of offences under the Act. The issue of the setting
up of Special Courts has found favour with many persons associated with the
working of this Act.

In 1980, the then Home Minister wrote to the Chief Ministers of the States and in
that letter certain guidelines were issued for the proper implementation of laws to
prevent atrocities being committed against Scheduled Castes s and Scheduled
Tribes.195 In the context of special Courts, these guidelines stated that:

• One specific measure that can help in securing quick trial and ensuring
punishment of offenders with deterrent rapidity is to set up special courts to

194
Prasad, Chandra, Kumar, Effective Implementation, p.48.
195
Committee on the Welfare of the Scheduled Castes s and Scheduled Tribes (1985 – 86), Eigth Lok
Sabha, Eleventh Report, Ministry of Welfare – Atrocities on Scheduled Castes s and Scheduled Tribes, Lok
Sabha Secretariat, New Delhi, April 1986, p.47.

172
 try crimes under the IPC and the PCRA. There may be an erroneous
impression in some minds that the justification for special courts depends on
the number of cases. This is not correct. The real justification for special
courts is the need to secure punishment for crimes under the IPC or under
the PCRA with deterrent rapidity and to impress offenders as well as potential
offenders of the firm determination of the State Government to put an end to
atrocities once for all, irrespective of the number of cases on file. In fact, if this
process of speedy trial through special courts starts, it is very likely that many
cases where complaints are not made by the Scheduled Castes victims of
crimes on account of their lack of confidence in the legal and administrative
machinery, may come to light, providing even numerical justification for
special courts at a later stage.”

Special Courts have been set up, as provided under the Act, in many States.
However, in most cases, existing Courts are given the added title of Special
Courts. They do not deal exclusively with caste-based offences. Therefore, the
very purpose of setting up such Special Courts is lost. As the twenty-third
committee noted with dismay, there was nothing special about the Special
Courts, i.e., they did not have their own Prosecutor, Police Officer, etc., to deal
with atrocities at a faster rate. The Committee therefore recommended that
Special Courts as suggested by the Chief Ministers’ Conference and as set up in
Andhra Pradesh196 and Rajasthan, should also be set up in other States and
Union Territories to exclusively deal with and expeditiously dispose of atrocity
cases. The Committee was of the view that non-setting up of Special Courts was
one of the foremost reasons for the pendency of a large number of cases in
various States.197 They also stressed that the Special Courts/ Special Cells

196
The Government of Andhra Pradesh took the lead in 1979 by setting up 5 Special Courts. The motive
behind the setting up of these Special Courts was to deal exclusively with the crimes against Scheduled
Castes s/Scheduled Tribes. See, Committee on the Welfare of the Scheduled Castes s and Scheduled Tribes
(1985 – 86), Eighth Lok Sabha, Eleventh Report, Ministry of Welfare – Atrocities on Scheduled Castes s
and Scheduled Tribes, Lok Sabha Secretariat, New Delhi, April 1986, p.79.
197
Committee on the Welfare of the Scheduled Castes s and Scheduled Tribes (1992 – 93), Tenth Lok
Sabha, Twenty Third Report on Ministry of Home Affairs and Ministry of Welfare, Atrocities on
Scheduled Castes s and Patterns of Social Crimes Towards Them Lok Sabha Secretariat, New Delhi,
April 1993, p.35

173
should have their own Prosecutor, Police Personnel and other Officials so
appointed to tackle and dispose of the atrocity cases independently and with a
deterrent rapidity.198

It was recommended at the National Workshop on the Effective Implementation

of the PoA that Section 14 of the PoA should be amended to provide for
exclusive special courts of the category of courts of sessions, to deal with cases
arising under that Act.199Further, the Prosecutor appointed under Section 15(i) of
the PoA should deal exclusively with cases arising thereunder. This
recommendation in the context of the POA holds good for the PCRA also.

Shri P. S. Krishnan, Member-Secretary of the National Commission for Backward

Classes has also made certain recommendations for amendment of the PoA Act
which hold good for the PCRA as well. He suggests that special courts set up
under the Act should not be the same as the existing courts. There should be
exclusive courts and they should hear cases under the Act on a day-to-day basis,
so as to provide for speedy disposal of cases. He also suggests the appointment
of Special Public Prosecutors for exclusively conducting trails under this Act.
Similarly, he recommends appointment of a Special Investigating Officer
exclusively for the purpose of investigation in respect of offences under the Act.
He further suggests that judges of the exclusive Special Courts, Special Public
Prosecutors and Special Investigating Officers should be appointed from a
panels prepared on the basis of their record of and reputation for upholding rights
of SCs and STs.200

It has to be noted that under Section 15 of the PoA provisions have been made
for the appointment of a Special Public Prosecutor for the Special Courts under
that Act. However, this is problematic in that it requires the person so appointed
to have experience of at least 7 years, whereas the CrPC in Section 24(7)

198
Committee on the Welfare of the Scheduled Castes s and Scheduled Tribes (1992 – 93), Tenth Lok
Sabha, Twenty Third Report on Ministry of Home Affairs and Ministry of Welfare, Atrocities on
Scheduled Castes s and Patterns of Social Crimes Towards Them Lok Sabha Secretariat, New Delhi,
April 1993, p.35.
199
Prasad, Chandra, Kumar, Effective Implementation, p.57.
200
NHRC, p.291-94.

174
provides that to be appointed as a Special Public Prosecutor, a person appointed
should have at least 10 years experience. Given the fact that the PoA Act is a
special legislation, and deals with offences of a serious nature, it seems
incongruous that it requires lesser experience to be a Public Prosecutor here.
This point should not be lost sight of in appointing Special Public Prosecutors
under the PCRA.

iv. Role of the Central and State Governments

The Central and the State Governments play a very important role in the
implementation of the Act. The Act places a responsibility on the Governments in
this regard. The amended Act has for the first time made the Central Government
responsible to co-ordinate the measures taken by the State Governments under
Section 15A of the Act and to place on the table of each House of Parliament
every year a report on the measures taken by itself and the State Governments
in pursuance of provisions of Section 15A of the Act. Under Section 15A (2) of
the Act, the State Governments are required to take measures for providing
adequate facilities including legal aid, appointment of officers for initiating or
exercising supervision over prosecutions, setting up of special courts,
appointment of committees at appropriate levels, provision for periodic surveys
on the working of the provisions of the Act and identification of the areas where
persons are under any disability arising out of untouchability.

Section 15 A deals with rules that may be made by the State Government, in
addition to the rules made by the Central Government under the Act. This, inter
alia, is to include:

1. Provision of adequate facilities, including legal aid to persons subjected to

disability.

2. The appointment of officers for initiating or exercising supervision over

prosecutions for the contravention of the provisions of the Act. For this, the
Civil Rights Enforcement Cell (CRE Cell) has been set up in Karnataka. It is
headed by an Addl. Director General of Police. It consists of an Inspector

175
 General of Police, a Dy. Inspector General of Police and Superintendents of
Police. The CRE Cell does not investigate cases; it is just a watchdog. All
investigations are done by the local police. The local police are required to
inform the CRE Cell at all stages of the investigative process. It seems to be
mostly concerned in addressing grievances of Dalits. However, it is pertinent
to note that the officers who man the CRE Cell are not specifically trained for
this purpose. They are on deputation to the cell. Further, the duration of the
deputation is not fixed. This takes away from the utility of having such a cell.
A better mechanism would be to have a Special Cell within the police
department, as discussed above.

3. The setting up of Special Courts for the trial of offences under the Act. Even
where these Courts have been set up, the purpose of the Act is defeated as a
Magistrate is given this duty in addition to his regular work, though he is
already overburdened with work. There is need to set up exclusive Special
Courts to deal with caste-based offences, so that there is speedy disposal of
cases and administration of justice.

4. Setting up of Committees at such appropriate levels as the State Government

may think fit to assist the State Government in formulating or implementing
such measures. This is an interesting provision that can be made use of to
not only ensure that the Act is implemented properly, but to adequately
safeguard the rights of untouchables in a comprehensive manner.

5. Provision for a periodic survey of the working of the provisions of the Act, with
a view to suggesting measures for the better implementation of the provisions
of this Act. This can also be done through the mechanism of the Vigilance
Committees.

6. The identification of the areas where persons are under any disability arising
out of “untouchability” and adoption of such measures as would ensure the
removal of such disability from such area.

176
Section 16 B empowers the Central Government to make rules. It also contains
procedure for laying the same before the Legislature. The Protection of Civil
Rights Rules were enacted in 1977. These rules are specific to Section 10 A of
the Act.

The Government of India in pursuance of the statutory provisions contained in

Section 15A (4) of the PCR, Act, 1955, is responsible to lay on the Table of each
House of Parliament an Annual Report containing the measures taken by the
Central Government and the State Governments/Union Territories to ensure that
the rights accruing to persons subjected to disability arising out of untouchability
are made available to them.

Central assistance is also available for the proper functioning of the machinery
under the Protection of Civil Rights Act, 1955.201 A Centrally sponsored Scheme
was introduced for implementation of the PCRA in the year 1974-75. Under this
scheme 50% financial assistance is provided to the State Governments and
100% to Union Territory Administrations. The scheme provides assistance for
strengthening the enforcement machinery and judicial administration, publicity
and relief and rehabilitation of affected persons.

The distribution of financial assistance according to the NHRC report brings out
that firstly, funds released to States bear no correspondence to volume to atrocity
cases therein. Secondly, in states like Bihar, Orissa, Punjab, West Bengal,
Assam, and Himachal Pradesh, the drawal of assistance is extremely low despite
sizable population of SCs and high incidence of cases of violence against them.
West Bengal especially is not claiming assistance though it has the second
largest SC population in the country. This according to the NHRC points towards
the indifference in the implementation of the Act. Thirdly, there is uneven
distribution of assistance across the years in various states. This, according to
the NHRC may be due to unsatisfactory utilisation of the resources already
provided in certain years. This further reflects laxity in the implementation of the
Act. Fourthly, some States are drawing disproportionately large amounts in
201
Thirty-first report, p.5

177
certain years. This shows uneven implementation of the Act across States and
within the same State during different years. The NHRC suggested that the
ground level position in respect of implementation of the scheme State wise with
reference to the level of atrocities is examined in depth by the Ministry of Social
Justice and Empowerment and the problems arising in its implementation in
different states are clearly brought out in the Annual Report submitted to the
Parliament. Being a Centrally sponsored scheme it is governed by the condition
that 50% of the entitlement under it has to be contributed by the State
Government. The NHRC has noted that the inability of some State Governments
to contribute this amount may have stood in the way of receiving Central
share.202

The NHRC observes in its Report that State Governments have not taken the
implementation of the Act very seriously. Punjab and West Bengal have not
taken any administrative measures for implementation of the Act. West Bengal,
in fact has claimed that untouchability is not practised there! Major states like
Assam, Uttar Pradesh, Bihar and Rajasthan have not constituted special courts
under the Act. Madhya Pradesh has wound up the special courts set up because
of the small volume of cases. Only Gujarat, Maharashtra and Rajasthan have
identified Untouchability – prone areas. Madhya Pradesh is conducting the
exercise. Incentives like those for Inter – Caste marriages have not been
implemented in Rajasthan, Tamil Nadu, U.P and Uttaranchal. In Assam,
adequate budgetary allocation has not been made for the scheme. The States
seem to suggest that either the problem of untouchability does not exist or its
incidence is so negligible that it is not worthy of much attention. The NHRC
opines that this shows the inability or perhaps the unwillingness of the State
Governments to come to grips with the practice of untouchability, particularly in
its most subtle forms at various levels of society.203 No measure taken for the
eradication of untouchability can be successful without the active support of the

202
Report on Prevention of Atrocities Against Scheduled Castes s, National Human Rights Commission,
New Delhi, 2004, pp. 48-51.
203
Report on Prevention of Atrocities Against Scheduled Castes s, National Human Rights Commission,
New Delhi, 2004, p. 21.

178
Central and State Governments. Therefore, all recommendations in this paper
are subject to them being faithfully implemented by the concerned Government.
If this is not done, there can be no cure for the evil of untouchability

The NHRC Report further goes on to state that in the rare cases where the State
Governments have identified untouchability prone areas, a plan of action has not
been devised to eliminate the practice. No publicity has been given to the Act, no
periodical surveys, as required by the Act are carried out, special Public
Prosecutors have not been appointed, there is no monitoring of the
implementation of the Act at any level. Further, Vigilance and Monitoring
Committees have not been constituted, functionaries appointed to conduct
prosecution lack competence and motivation.204 There is urgent need for all of
the above to be done; otherwise, none of the recommendations given here will
have any impact on the removal of untouchability.

One other recommendation made with respect to the role of the Government has
been in the context of Local Self Government. The Saxena Committee Report
suggests that State Governments should involve Panchayati Raj institutions in
the implementation of the Act. These institutions, according to the Committee can
play a key role in eliminating untouchability practices and providing necessary
social support in the enforcement of the Act.205 It is submitted however, that such
Panchayati Raj systems are quite often themselves steeped in caste hierarchies.
They are very often instrumental in encouraging as well as perpetuating caste
based discrimination. To involve them in the process of implementation of the Act
might not, therefore, serve any useful purpose. On the contrary, it might be quite
detrimental to the implementation of the Act.

However the idea that there is need for local involvement in the effective
implementation of PCRA is not new. During the parliamentary debates over the
PCRA it was suggested by Shri Bhola Prasad, MP, that the Act should set up

204
Report on Prevention of Atrocities Against Scheduled Castes s, National Human Rights Commission,
New Delhi, 2004, pp. 25 – 26.
205
Report on Prevention of Atrocities Against Scheduled Castes s, National Human Rights Commission,
New Delhi, 2004, p.27.

179
Appellate machinery, which could be approached in case the police refuse to
register FIRs or if the victims feel that the police are not taking an active interest
in investigating their matter.206 Along the same lines, Shri S.K. Vaishampayen
suggested that vigilance committees be set up at the District level to monitor
implementation of the Act. 207

A similar suggestion was made by the 31st Committee, which opined that Cells
should be set up at the District level to effectively deal with cases of atrocities. In
response to this, the Ministry of Home Affairs replied that:

“The suggestion that such cells should be set up at the District level has been
examined. The Ministry is of the view that there should be a cell in the Office of
the District Superintendent of Police for not only collecting statistical information
with regard to cases of atrocities but also to give due attention to the
investigation of such cases. Institutional arrangements should also be made in
the office of the District Magistrate/Collector to deal with grievances of SC/STs.
This cell should register all complaints received from members of Scheduled
Castes and Scheduled Tribes, ask for reports from the concerned authorities and
place them before the Collector/Magistrate for passing of necessary orders. State
governments have been requested to consider setting (sic) of such cells at the
district levels, particularly in areas prone to this problem.”208

The enabling power to create local level bodies is found in Section 15A (2) (iv) of
the PCRA which provides that the State Government may set up Committees at
appropriate levels to assist the State Government it in formulating or
implementing measures for ensuring that the rights arising from the abolition of
“untouchability” are made available to, and are availed of by, the persons
subjected to any disability arising out of the “untouchability”.

206
Rajya Sabha Debates, September 3 1976, col. 67.
207
Rajya Sabha Debates, September 3, 1976, col. 81.
208
Committee on the Welfare of the Scheduled Castes s and Scheduled Tribes (1978 – 79), Sixth Lok
Sabha, Thirty First Report, Ministry of Home Affairs – Atrocities on Scheduled Castes s and Scheduled
Tribes, Lok Sabha Secretariat, New Delhi, April 1979, p. 17.

180
However, it is recommended that merely creating a cell within one institution like
the police will not suffice in fulfilling the broad mandate carved out for such
committees under this provision. A Civil Rights Enforcement Committee
comprising of representatives of the police, administration, civil society and
affected communities is essential to give a holistic perspective to the issue of
caste-based discrimination and structural and institutional reform required to
effectively deal with the issue of untouchability. The mandate of the committee
can inter alia cover the following:

1. Providing assistance to victims of discrimination and disabilities based on

untouchabilities;

2. Pro-actively ensuring that practices of untouchability that are so common-

place as to be accepted as part of normal life, are addressed through
social awareness, reform, and/or litigation;

3. Creating awareness about the constitutional guarantees and the gamut of

legislations on this issue;

4. Working as a watchdog to ensure that local officials implement the

provisions of the Act, and in its absence, acting as a reporting mechanism
for complaints in this regard

5. Providing data and research to the Government on the forms and extent of
untouchability, and other caste-based discrimination in the district, and
making suggestions and recommendations for policy interventions in this
regard;

6. Providing feedback and vigilance for Government initiated schemes for the
welfare and upliftment of oppressed and marginalized groups.

The advantage of such a committee at the local level is that it will serve as a
nodal point for mobilization around the issue of caste based discrimination. The
field work carried out as part of this report has consistently shown that those
areas in which the former untouchables were politically organized were much

181
better off in terms of the prevalence of untouchability than those places which did
not have such organization.

Such nodal points will also be effective in dealing with discrimination arising from
untouchability which takes the form of subtle social and economic pressures and
cannot be categorized into one or the other form of disability criminalized by the
Act. For example, Srinivas makes a reference to Bailey’s study of a village in
Orissa where he found that Sanskritization did not help members of the
Untouchable caste. The Boad caste group whose occupation was selling hide
were not allowed to move up in the hierarchy by the other caste communities
including other untouchables like the sweepers. They have been asking for help
from officials and courts to enforce the rights that have been guaranteed to them
by the Constitution.209 In cases such as this, a Civil Rights Enforcement
Committee can give voice to the sufferings of the marginalized group.

v. Non Governmental Organisations

It has been recognised that attempts made to remove untouchability will only
touch the periphery of the problem unless it is aimed as changing mindsets and
social behaviour. The 31st Committee approved of the recommendation of the
Elayaperumal Committee, which stressed on the role which non-official
organisations can play in this regard. In a democratic form of Government,
increasing participation of the people in the welfare programmes is essential for
the success of any scheme. These organisations should reflect the actual needs
and desires of the society for reformation and change. Coercive methods of law
should always be buttressed by the persuasive methods of ‘slow mass education’
or propaganda. The Committee felt that voluntary organisations in the country
can play an effective role in this sphere and can contribute substantially in
supplementing Governmental efforts for the removal of untouchability. They
recommended that the Government should encourage voluntary organisations in

209
Srinivas, p. 254

182
educating public opinion and in creating a change in the people’s attitude
towards Scheduled Castes and Scheduled Tribes.210

In the Eleventh Report it has been stated that as the removal of untouchability is
a gigantic task it is necessary to elicit the cooperation of other voluntary
organisations which are engaged in similar welfare activities. The government
should encourage other social organisations to come forward to do voluntary
social work for removal of untouchability.211

The Third Five Year Plan emphasised the role of Voluntary Organisations in
eradicating untouchability. Rs. 114 crores was sanctioned for the eradication of
untouchability, part of which was to be allocated to voluntary organisations.
Earlier, the First and Second Five Year Plans had allocated Rs. 1.383 crores and
Rs. 1.22 crores respectively, towards eradication of untouchability.212

Voluntary organisations can play a very important role in the implementation of

the PCRA and in the eradication of untouchability and other caste-based
offences. One possible role for them within the institutionalised framework would
be to identify one voluntary organisation in each district and make it part of the
Civil Rights Enforcement Committee recommended above. With their experience
in working with victims of caste-based offences, they can help in the sensitization
of such Committees and see to the proper functioning of the same. Another use
for such voluntary organisations within the framework of the Act could be to
identify the organisations working in this area and to officially recognise them
under the Act in the same manner as is done under the Juvenile Justice Act.
However, such organisations will function as the nodal agencies for helping the
victim go through the entire process from the filing of the FIR through the trial
stage, to subsequent relief and rehabilitation. This will help in making the system

210
Committee on the Welfare of the Scheduled Castes s and Scheduled Tribes (1978 – 79), Sixth Lok
Sabha, Thirty First Report, Ministry of Home Affairs – Atrocities on Scheduled Castes s and Scheduled
Tribes, Lok Sabha Secretariat, New Delhi, April 1979, pp.50-51.
211
Committee on the Welfare of the Scheduled Castes s and Scheduled Tribes (1985 – 86), Eighth Lok
Sabha, Eleventh Report, Ministry of Welfare – Atrocities on Scheduled Castes s and Scheduled Tribes, Lok
Sabha Secretariat, New Delhi, April 1986, p.67.
212
Lok Sabha Debates, June 16, 1962, col. 10967.

183
victim-friendly, and will prevent the police from not registering cases. With the
force of a dedicated voluntary organisation behind him, the victim will not remain
in the same powerless position as he is now, when confronted with apathetic
State machinery.

vi. Miscellaneous

One of the major weaknesses of all government programmes, protective

legislations and actual achievements is the lack of adequate publicity and
information among the rural population about these measures. Very few people
in the villages are aware of the provisions of the IPC, CrPC, Evidence Act,
PCRA, or POA Act. Even if they are aware, there is no information about the
channels of complaints, whom to make representations to and where to register
cases. It is very important that some method be devised for dissemination of
information on the rural areas so that it can reach the Scheduled Castes
hamlets.213

The Planning Commission set up a Committee under the Chairmanship of Ms.

Renuka Ray to study the manner in which the condition of the backward classes
could be improved. This Committee in its Report stated that legislation alone
cannot achieve the objective of eradicating untouchability. It needs to be backed
up by publicity and propaganda. To highlight this, the Report referred to the First
Five Year Plan, wherein a fourfold approach had been proposed to eradicate
untouchability. The aim was to achieve eradication through:

• Law

• Persuasive and Educative processes

• Practice of democratic behavior in social and recreational activities

213
Prasad, Chandra, Kumar, Effective Implementation, p.20.

184
• Providing opportunity for self – development, betterment of health, education
and economic life.214

The 31st committee recommended that the mass media, i.e., newspapers, films,
radio and T.V. should be extensively made use of for educating and shaping the
public opinion and to fight against discrimination and untouchability. Wide
publicity should be given to the provisions of this Act. Documentary films should
be produced in this subject and those already produced should be dubbed into
different regional languages and compulsorily exhibited in every cinema show in
the rural areas and in the sensitive districts, particularly. Suitable cinema slides
should be made and widely exhibited. Appropriate slogans should also be printed
in bold letters on the postal stationary so that these get widely circulated.215

The National Commission of SCs and STs in its 6th Report has made the
following recommendations as regards the PCRA:216

1. The Central Government and the State Governments should ensure wide
publicity of the Act.

2. The Central Government should review the kind of facilities including legal
aid being provided by the State Governments to the victims of
untouchability and issue guidelines to ensure proper implementation of the
Act.

3. The Central Government should impress upon the State Governments to

ensure that the officers appointed under the Act are utilised for initiating
and exercising supervision over prosecution of all cases registered under
the Act. The State Government should also ensure that the Special Public
Prosecutors are appointed or ear-marked to deal exclusively with the
PCRA. In States where there is no such arrangement, these Public

214
Lok Sabha Debates, June 1, 1962, paras 8437 - 8440.
215
Committee on the Welfare of the Scheduled Castes s and Scheduled Tribes (1978 – 79), Sixth Lok
Sabha, Thirty First Report, Ministry of Home Affairs – Atrocities on Scheduled Castes s and Scheduled
Tribes, Lok Sabha Secretariat, New Delhi, April 1979, p.52.
216
Report on Prevention of Atrocities Against Scheduled Castes s, National Human Rights Commission,
New Delhi, 2004, pp.266-267.

185
 Prosecutors, should be carefully selected and trained and brought under
the scheme of reward and admonition for the success or otherwise of their
labour.

4. The Central Government should request the States to complete

identification of untouchability prone areas on a time bound basis.

5. The Central Government should critically evaluate the impact of the

scheme of liberation of scavengers on removal of untouchability.

6. The State Governments should give wide publicity to the scheme of inter-
caste marriages through mass media in order to encourage large number
of youths for inter-caste marriages.

7. The State Governments should evolve schemes for providing healthy

competition at the village/ Gram Sabha level for eradication of
untouchability.

8. The Central Government should review the impact of the work being done
by voluntary organisations and enlist their support in this matter. In order
to bring about healthy competition among social workers, State
Governments should also consider launching a scheme of giving rewards
and commendation certificates to select social workers for their
outstanding contribution towards the eradication of untouchability.

9. The Central Government should constantly monitor the Special Courts

under the PCRA in terms of the concrete results that they have produced
so far.

The National Commission for SCs and STs also suggested that the remuneration
to public prosecutors should be reasonably enhanced. In order to monitor the
effective implementation of the Act, the Commission suggests that the various
Committees at District and State levels should review the pendency of cases

186
regularly, examine the cause of overwhelmingly large proportion of acquittals and
take urgent corrective measures to improve the rate of convictions.217

217
Id. pp 268-69

187
IX. PUNISHMENT AND SENTENCING

One of the issues that the report seeks to address is whether the penal policy
underlying the PCRA impacts its usage and leads to its not being used. A perusal
of the penal sections of the legislation reveal that the punishment for committing
most of the offences, ranges from a minimum imprisonment for one month and a
maximum of six months. With respect to fines, the minimum fine that can be
imposed is Rupees One Hundred and the maximum is Rupees Five Hundred.
This begs the question of whether quantum of these jail terms or fines is
deterrent enough to prevent people from committing these crimes. Two issues
need to be addressed. First, whether sentences for committing offences under
the PCRA should be enhanced and secondly, whether new sentences need to be
added to the PCRA.

To be able to understand whether there is a need for enhancing sentences, one

needs to examine the penal policy underlying the PCRA. This, however, is not
evident, either from the legislation or from the legislative history. From the
quantum of punishment imposed, especially considering that this is a social
welfare legislation, the aim seems to be rehabilitation, because of which the
offender is not sentenced to a long term in prison. On the other hand, when
compared to the PoA Act, which has more stringent punishment, it appears that
offences under the PCRA are being treated as minor offences, in comparison to
the PoA Act. The punishments under the latter seem to be following the just
deserts and the deterrent theory. Before arriving at a conclusion as regards this
issue, let us first examine a few cases on the issue of sentencing.

Questions relating to the extent of discretion of courts to sentence offenders have

come up for interpretation before various High Courts. In the case of Suhasini
Baban Kate v. State of Maharashtra218, the Bombay High Court upheld the trial
court’s decision to impose less than the minimum prescribed punishment. The
petitioner had abused a Sub-Inspector when he had objected to her throwing

218
MANU/MH/0062/1984, 1985 (1) BomCR 409

188
garbage on a public road. She had responded by abusing him and referring to his
cobbler caste and telling him to leave the locality as its residents belonged to the
Maratha community. The petitioner did not challenge the conviction on merits but
challenged the quantum of the sentence. Her counsel pleaded that the petitioner
was a married lady aged about 30 years and had three children. There were no
bad antecedents to her credit. He further argued that the incident occurred on the
spur of moment and the alleged utterances were also out of a sudden flaring of
temper. The Court accepted the petitioner’s arguments and held that it was
unnecessary to send her back to jail and that she could be released on the
sentence already served “in the interests of justice”. It is pertinent to note in this
context that S. 7 of the PCRA prescribes a minimum imprisonment for a term of
one month and a minimum fine of Rs. 100.

219
In State v. Ponnuvel , the accused had asked the complainant (the President
of an association which worked for the welfare of Scheduled Castes s) why the
SCs did not honour the caste Hindus by calling them “Ande” (Master). He then
referred to her caste and to the private parts of women belonging to her
community and asked her what her association would do if he pulled her breasts.
The complainant registered a case under S. 7 (1) (d). The trial court convicted
the accused and sentenced him to three months imprisonment. On appeal, the
Sessions Court upheld the conviction but modified the sentence into only a fine
of Rs. 300 on the ground that the earlier punishment was “harsh and excessive”.
The State preferred an appeal to increase the quantum of punishment. The
Madras High Court sentenced the accused to rigorous imprisonment of one
month and a fine of Rs. 100 and stated as follows - “The learned Sessions Judge
has erroneously traveled outside the four corners of the Act when there is no
ambiguity at all in the language that an offence under section 7 of the Act is
punishable with imprisonment of not less than one month and a fine of not less
than Rupees 100/-.”

219
MANU/TN/0032/1983

189
In the case, State of Karnataka v. Annappa220, the trial court had imposed a fine
of Rs. 250 but had not imposed any sentence of imprisonment. The question was
whether it had the power to do so despite the minimum requirement of a fine of
Rs. 100 and imprisonment of one month. The High Court held that the court’s
discretion came into operation once the minimum sentence of the fine as well as
imprisonment had been imposed and that it could not impose only a fine.

Hence, practice shows that Courts are sometimes averse to imposing the
mandatory minimum. This might be also because of the perception of the judge
as regards the seriousness of the offence. Viewed from a holistic point of view,
and comparing the PCRA with the PoA Act, the prima facie conclusion would be
that due to the harsher punishments and harsher procedures under the PoA Act,
it is more likely to be preferred in case of prosecution.

However, when compared to the original Untouchability (Offences) Act, 1955, the
‘Protection of Civil Right’ Act, 1955, has considerably tightened the penal
provisions of the law and incorporates various new features to curb the practice
of untouchability. All types of untouchability cases which were cognizable but
compoundable under the old Untouchability (Offences) Act, 1955, have been
made cognizable as well as non-compoundable under the amended Act. Under
the old Act the punishment for committing untouchability offences was
imprisonment which may extend upto 6 months or with fine upto Rs. 500 or both.
Under the amended Act for the first time minimum and maximum punishments
have been quantified, namely, for the first offence the minimum punishment will
be imprisonment for one month and a fine of Rs. 100 and the maximum
imprisonment for 6 months and a fine of Rs. 500. For the second offence the
minimum punishment will be imprisonment for 6 months and fine of Rs. 200 and
maximum imprisonment for 1 year and a fine of Rs. 500 for the third and
subsequent offences, the punishment may range from imprisonment for 1 year
and fine of Rs. 500 to imprisonment for 2 years and a fine of Rs. 1000. From this
it would be seen that in the amended PCRA the law has been considerably

220
MANU/KA/0152/1991

190
tightened with stringent penal provisions. One significant characteristic of the Act
is that public servants who show willful neglect in the investigation of any offence
punishable under the Act are deemed to have abetted an offence punishable
under that Act. The State Governments have also been empowered to impose
collective fines on the inhabitants of any area who are concerned in or are
abetting the commission of untouchability offence.

The Elayapreumal Committee Report had recommended that the first offence
under the PCRA, should be punished with imprisonment of not less than 3
months, upto 6 months and also fine of not less than Rs. 50, but upto Rs. 200.
The Government felt that the quantum of punishment was too high and this
would lead to Judges finding reasons to acquit the accused. Hence, at the time of
proposing the Untouchability (Offences) Amendment Bill, the Government
proposed that in case of the first offence, the mandatory minimum punishment
should be one month.221 It is worth noting that the proposed change from the
recommendation of the Committee was accepted by the Parliament and Section
3 of the PCRA reflects the same. The Report, though had further stated that
increased punishment would not be the solution to eradicate untouchability, but
there is a need to bring about a change in the social order.222 Some of the MPs
were of the opinion that mandatory minimum punishment should not be
introduced in the Act. They were of the opinion that the Judge should study the
character and age of the offender, his early breeding, his education and
environment, the circumstances under which he committed the offence, the
object with which he committed the offence and other factors. They felt that this
would enable the Judge to acquaint himself with the exact nature of the
circumstances, so that he may give a punishment that would suit the
circumstances.223

Shri B.R.Shukla, MP opposed the amendment of the Untouchability (Offences)

Act. He was of the opinion that only if the penal provisions in the Act are

221
Lok Sabha Debates, May 23 1972, col. 156.
222
Lok Sabha Debates, May 23 1972, col. 156.
223
Lok Sabha Debates, May 23 1972, cols. 170 – 72.

191
inadequate, amendment becomes necessary. He felt that the real point to be
considered is whether the punishment of fine or imprisonment upto six months,
as in the 1955 Act has been inadequate to remove untouchability. He opined that
for that one needs to see how many cases have gone to the Courts and how
many persons have been really prosecuted and convicted, and in spite of
conviction and light punishment under the Parent Act, those very persons have
persisted in repetition of the offence. Only in such a case he states that it would
be necessary to make a change. But if the implementation of the provisions of
the Parent Act has been insufficient, there is no question of bringing an
amendment Bill. He further states the Government had not made out a case for
bringing a Bill imposing a mandatory minimum punishment in case of a first
offence, then adding another term for the second offence and adding a further
term for a third offence. He felt that the theory of reformation is what should be
emphasised upon and the present position does not follow this theory and gives
no discretion to the Judges, because after a Judge has come to the conclusion
that a certain person has committed an offence for which he should be punished,
what should be the quantum of punishment should be left to the discretion of the
Judge who decides it taking into account a variety of reasons. He hence opined
that the Bill was uncalled for, the punishment was already there and to amend it
was unnecessary. He felt that the punishment would not in any way deter an
offender from committing a crime, because the offender would look for loopholes
to evade provisions of the Statute. 224

From the legislative history, the penal policy that was sought to be followed is not
clear. The quantum of punishment does not indicate deterrence of just deserts. It
seems to be geared towards rehabilitation. In order to reach a conclusion as to
whether sentences should be enhanced, it is necessary that the purpose of
punishing offenders be clarified. The next issue to be examined is alternative
forms of punishment under the PCRA.

224
Lok Sabha Debates, May 23 1972, cols. 194 – 96.

192
i. Other Forms of Punishment

An alternate form of punishment is dealt with under Section 8 of the Act, which
deals with suspension of licenses in certain cases. It states that suspension of
the license will be with respect to offences mentioned in Section 6.

Section 10 deals with the abetment of offences. The explanation to the section
states that a public servant who willfully neglects the investigation of any offence
punishable under the Act shall be deemed to have committed an offence. This is
a positive step towards enforcement of the provisions of the legislation. Willful
neglect would be a situation where a person is willfully blind towards a situation
and in the process neglects his / her duties. However, there needs to be an
effective mechanism for redressal if a person believes that a public servant is
willfully neglecting his duties. At present, the person has to approach the Court
for the same, under the PCRA. Sanction has to be taken from the State or the
Central Government, as the case may be, by virtue S.15(2) of the Act.

Section 15 (2), which states that sanction needs to be taken for prosecution of
public servants is analogous to Section 197 of the Cr.P.C and Section 19 of the
Prevention of Corruption Act. There is emerging jurisprudence in this area, which
states that the fact as to whether the act was done in the colour of employment
should be decided in the trial and not at the time of cognizance. Hence, sanction
needs to be taken in almost all cases. Recognising this, Shri K.K. Madhavan, MP
sought deletion of this provision.225 However, his suggestion was not accepted.

Hence, it is recommended that the redressal for this grievance should be through
a Vigilance Committee, described below in detail. The Committee can examine
prima facie if the complaint has any substance, and if it is convinced that it does,
then it can refer the matter to the Court. Because of this safeguard, the
requirement of sanction may be done away with.

It is interesting to note that the Amendment Bill had a second explanation

attached to Section 10. This was suggested by the Joint Parliamentary
225
Rajya Sabha Debates, Sept 3 1976, col. 96.

193
Committee. It read : “ Any appointing authority, in relation to any service or post,
or in connection with the affairs of (a) the Union or any State Government, (b) the
Corporation or Undertaking owned or controlled by the Central Government or
the State Government or both, (c) any authority or body established by a Central,
State or Provincial Act, (d) any local authority, who show negligence in giving
effect to the orders of the appropriate authority relating to the reservation of posts
for the employment of members of the Scheduled Castes, shall be deemed to
have abetted an offence, punishable under this Act.” This Explanation did not find
a place in the Bill. Shri Yogendra Makwana, MP pointed out during the debate
that the Commissioner for Scheduled Castes and Scheduled Tribes had
mentioned in his Report that for the year 1973 – 74, that the representation of
Scheduled Castes and Tribes in Central Government services was far from
satisfactory. In this context, he argued that the Explanation ought not to be
deleted.226 Though it might be argued that the position might have changed now,
reserved posts not being filled up should definitely be considered to be abetment
of untouchability.

Section 10 A provides for the imposition of collective fine on the inhabitants of an

area which the government, is satisfied, are concerned in or abetting the
commission of any offence punishable under this Act. This is again a rarely, if
ever, used provision, according to the magistrates who were interviewed.

Regarding this provision, the Home Secretary stated before the 31st committee
that their experience in this matter had not been a happy one. Announcements
were made but as soon as normalcy returned, no State Government wanted to
keep alive the tension for the recovery of the fines imposed. No one can be
certain as to what repercussions would be. The recommendation of the
Government in this regard was that if there were atrocities on a large scale, this
should be done. But no state had done it so far.

A better method may be to take a collective bond and not a fine, returnable after
sustained period of normalcy. This bond shall stand forfeited if normalcy does not
226
Rajya Sabha Debates, Sep 3 1976, cols. 73 – 74.

194
return within stipulated time period. This provides an incentive to maintain
normalcy in the area. The interest on this bond could be used to educate the
people about the ills of untouchability.

Sections 8 and 9 of PCRA have put in place innovative mechanisms for deterring
offenders against the practice of untouchability. These Sections provide for the
cancellation or suspension of licenses held by the accused and the resumption or
suspension of grants made by the Government in certain cases. These are novel
tools for securing the implementation of the Act and should be made use of to
give teeth to the provisions of the Act.

In its current form, Section 8 deals with the suspension of licenses in respect of
offences mentioned in Section 6. This is restrictive. There is no reason as to why
this should not be extended to other sections. It is suggested that suspension of
licenses should extend to any offence of untouchability committed in the course
of or in connection with the business, trade, profession, calling or employment,
which requires a license. This will be a more effective tool that either the
imprisonment or fine provided in the legislation. Magistrates, who were
interviewed in this regard, however claimed that they never used this provision.
To make this section workable, it is therefore suggested that as part of the pre-
sentence hearing, it be made mandatory for the Magistrate to ask the convict to
show cause why his license should not be revoked, and on non-furnishing of
adequate grounds, his license should be revoked.

ii. Civil Remedies

The issue of whether a civil remedy is preferable over criminal liability is one
worth exploring. To do so, one needs to understand what the advantages of one
over the other would be and also examine whether it would work in India, where
there the culture of tortuous litigation, as in other countries, has not really
developed. Even the judges who were interviewed did not reach any consensus
on the issue, although 5 of the 9 DPPs interviewed in Uttar Pradesh did not deem
it necessary. (Table 9.1)

195
 9.1: Do they think civil remedy is desired to strengthen PCRA

Given
adequate
Depends Not
relief to joint liability of on Respon
State Yes No victims the community individual ded Total

Andra
Pradesh 0 0 0 0 0 0 0

Karnataka 0 0 0 0 0 0 0

Madhya
Pradesh 0 0 0 0 0 1 1

Rajasthan 0 0 0 0 0 1 1

Uttar
Pradesh 1 5 1 1 1 0 9

West
Bengal 0 0 0 0 0 0 0

Grand
Total 1 5 1 1 1 2 11

If we examine the practice in other countries, all Australian anti-discrimination

legislations use a hybrid of civil and criminal procedures.227 Various state laws in

227
Margaret Thornton, Anti-Discrimination Remedies, 9 ADEL L. REV 235, 251 (1983-85).

196
the United States have civil remedies available, in addition to criminal
prosecution.228

What are the forms of civil redress that can be permitted? Civil causes of action
could include damages, injunction against future conduct, actual or nominal
damages for economic, non-economic or actual distress, punitive damages,
reasonably advocate fees and litigation costs.229 It has been argued that the
payment of monetary damages contains an in-built element of deterrence. It is
further argued that the criminal law model does not guarantee any tangible
redress to the victim. It is only the society’s disapprobation of conduct. Standard
of proof is an issue in criminal prosecutions. On the issue of intent, the burden
becomes unrealistic. Further, the state machinery like the police and the
prosecutor play an important role in the criminal process.230

When examined in the Indian context, the criticisms of the criminal model are
true in India as well. The case law cited earlier clearly shows that courts have
difficulty in arriving at a conclusion of whether a person committed a crime under
the PCRA, with the specific intent required. Hence, affixing criminal liability,
because of the standard of proof requirements, even with presumptions in favour
of the prosecution, is proving to be difficult. On the other hand, when the profiles
of the victims are examined, it is not likely that their rights will be vindicated by
resorting to the civil process. The civil process in India is time consuming and
expensive. Further, the empirical study in Madhya Pradesh revealed that the
possibility of criminal prosecution does deter people from using caste names.
This would possibly be true of other offences as well. Hence, an ideal system in
India would involve using both civil and criminal remedies to ensure that
discriminatory practices based solely on a person’s caste are not practised.
Another suggestion would be to encourage prosecutors to pray for
compensation, which a court can award under Section 357 of the Cr.P.C.

228
See David Braithwaite, Combating Hate Crimes, 6 B.U. Pub Intl. L. J. 243 (1996-97).
229
Id., 251.
230
Margaret Thornton, Anti-Discrimination Remedies, 9 ADEL L. REV 235, 256 (1983-85).

197
X. IMPLEMENTATION OF THE PROTECTION OF CIVIL RIGHTS ACT
(PCRA ), 1955

This chapter deals with the overall implementation and effectiveness of the
PCRA, and data relating to the same. More specifically, it looks at responses of
institutions like the police and the judiciary to cases that have been registered
under the PCRA, and at the levels of awareness that exist about the PCRA in
common imagination today.

i. The Registration of FIRs and disposal of cases

The following reports have dealt specifically with the issues of implementation of
the PCRA, and more specifically with respect to whether there are cases being
registered and heard by courts under the PCRA. These reports also talk about
how the courts have responded to these cases.

1. The Annual Report on the PCRA, Government of India

As per the data given in this report, 453 cases were registered under the PCRA
in 2005 alone, the state of Jharkand making up the most number of registrations,
with 168 cases being reported.231 This amounts to 37% of the total. The states
with the top sixteen quanta of registration are in the following table.

231
Ministry of Social Justice and Empowerment, Annual Report on the PCRA, 1955 - 2005.

198
 Table 10.1

Of this, the following table provides us with details of how the courts have dealt
with these cases:

199
 Table 10.2

2. The Crime Bureau Reports

The data on the extent to which the PCRA has been implemented has been
reflected in the Crime Bureau Report, 2006.232 A total of 49 cases were reported
in 2006, as opposed to 162 cases in 2005. This shows a steep decline of 69.8 %

232
Crime in India Report, National Crime Record Bureau - 2006.

200
in the implantation and use of the PCRA in 2006. Of all the cases reported, the
state of Jharkand has accounted for 69% of the cases in 2006. Compared to
this, in 2006, 1232 cases were reported under the POA, which in only a decline
of .2% in comparison to the 2005 figures.

Such a decline in the use of the PCRA may be traced through the previous
years, such as a comparative study by the Crime Records Bureau for the years
2003 and 2003,233 which indicate a decline of about 37% in the use of the PCRA
legislation in the two years.

Therefore, the data indicates that a decline of almost 40% has been noted over
the last 5 years in the use of the PCRA, the reasons for which have been
examined in the chapters above.

The table below indicates data about cases registered by the police, and their
dismissal under the PCRA during 2005.

233
Crime in India Report,, 2003.

201
 Table 10.3

It is interesting that the charge sheeting rate of crimes against SCs and STs is at
91.3%, which is higher than the national level of charge sheeting rates for the
IPC crimes, which is approximately 80 %. 79.7% of persons arrested for crimes
under the PCRA and POA were eventually charge sheeted. Surprisingly, the
average conviction rates for these crimes stood at 28%, compared to the national
average conviction rate which is 42.9% for IPC crimes and 84% for crimes under
special laws.

ii. Awareness Programs regarding the PCRA

Our field research specifically looked at the question of the extent of awareness
of the PCRA amongst the population of our country, as awareness is an
important aspect of the implementation and effectiveness of the act. The

202
following placement of data indicates our findings with respect to the situation of
awareness of the PCRA:

Aware of any Legislation against the practice of Untouchability—

About 318 of the dalit respondents have said that they are aware of legislations
against the practice of untouchability, whereas 330 have said no such awareness

Table: 10.4

State Yes No Total

Andhra Pradesh 110 0 110

Karnataka 75 115 190

Madhya Pradesh 84 58 142

Rajasthan 37 5 42

Uttar Pradesh 8 74 82

West Bengal 4 78 82

Grand Total 318 330 648

When the same question was posed to the police personnel most of them said
they are aware of the provisions of the PCRA Act and copies of the act are
available at their offices. (See table 10.4(a)).

203
 10.4(a) Awareness of police regarding provisions of PCRA

State Yes No Not Responded Total

Andhra Pradesh 4 0 0 4

Karnataka 7 0 1 8

Madhya Pradesh 0 3 0 3

Rajasthan 1 0 0 1

Uttar Pradesh 8 5 0 13

West Bengal 0 0 0 0

Grand Total 20 8 1 29

10.4 (b) Do Police have a copy of the PCRA in their office?

State Yes No Not Responded Total

Andhra Pradesh 4 0 0 4

Karnataka 7 0 1 8

Madhya Pradesh 0 3 0 3

Rajasthan 1 0 0 1

204
 State Yes No Not Responded Total

Uttar Pradesh 8 5 0 13

West Bengal 0 0 0 0

Grand Total 20 8 1 29

However, the awareness of dalit leaders did not have optimum understanding of
the provision of the Act. Only 3 in Andhra Pradesh and 2 in Rajasthan said that
they have read the Act. 12 out of the total 16 dalit leaders did not even have a
copy fo the Act in their offices. (Table 10.4(d)) and only 1 out of the total dalit
leaders interviewed had received any training in the administration of PCRA.
(Table 10.4(e)) This points towards the lack of awareness and appropriate
expertise even among the civil society organizations and dalit leaders who are
engaged in protecting and promoting the rights of dalits by combating the
practice of untouchability.

10.4(c) Have Dalit leaders read the PCRA?

State Yes No Total

Andhra Pradesh 3 0 3

Karnataka 1 3 4

Madhya Pradesh 0 2 2

Rajasthan 2 0 2

205
 State Yes No Total

Uttar Pradesh 0 4 4

West Bangal 0 1 1

Grand Total 6 10 16

10.4(d): Have a copy of the PCRA at their office

State Yes No Total

Andhra Pradesh 3 0 3

Karnataka 1 3 4

Madhya Pradesh 0 2 2

Rajasthan 0 2 2

Uttar Pradesh 0 4 4

West Bangal 0 1 1

Grand Total 4 12 16

206
 10.4(e): Respondent received any training in administering PCRA

State Yes No Total

Andhra Pradesh 1 2 3

Karnataka 0 4 4

Madhya Pradesh 0 2 2

Rajasthan 0 2 2

Uttar Pradesh 0 4 4

West Bangal 0 1 1

Grand Total 1 15 16

Means of awareness:

How did they come to know about the legislation? About 103 have said that they
have informed by their elders. About 72 have said that by general means of
awareness. Through camps and media awareness has been rather significant.
For about 181 have endorsed them.

207
 Table: 10.5

Elders/ Awareness
Dalit Political camps/ Panchayat
State leaders Generally leaders media Police meeting Total

Andhra Pradesh 75 0 5 30 0 0 110

Karnataka 9 66 0 0 0 0 75

Madhya Pradesh 15 0 0 69 0 0 84

Rajasthan 0 0 0 0 5 32 37

Uttar Pradesh 0 8 0 0 0 0 8

West Bengal 4 0 0 82 0 0 86

Grand Total 103 74 5 181 5 32 400

About 330 people who don’t know such legislation have expressed their desire to
know such legislations.

208
 Table: 10.6

State Yes Know already Total

Andhra Pradesh 0 110 110

Karnataka 115 75 190

Madhya Pradesh 58 84 142

Rajasthan 5 37 42

Uttar Pradesh 74 8 82

West Bengal 78 4 82

Grand Total 330 318 648

About 343 have said that legal means helps to remove the practice of
untouchability. For fear of law prohibits the practice of untouchability (Table:
10.7). But about 305 have said that legal means will not help.

Table: 10.7

State Yes No Total

Andhra Pradesh 74 36 110

Karnataka 169 21 190

209
 State Yes No Total

Madhya Pradesh 37 105 142

Rajasthan 36 6 42

Uttar Pradesh 8 74 82

West Bengal 19 63 82

Grand Total 343 305 648

Table: 10.8

State Afraid of law No exact idea Total

Andhra Pradesh 74 0 74

Karnataka 169 0 169

Madhya Pradesh 37 0 37

Rajasthan 32 4 36

Uttar Pradesh 8 0 8

West Bengal 19 0 19

Grand Total 339 4 343

210
The following table gives the details regarding why legality is of no use.

Table 10.9

No need, now
Law will not People have to
State people are Total
help change
changed

Andhra
36 0 0 36
Pradesh

Karnataka 9 12 0 21

Madhya
0 82 23 105
Pradesh

Rajasthan 6 0 0 6

Uttar Pradesh 74 0 0 74

West Bengal 0 0 63 63

Grand Total 125 94 0 305

About 491 have said that there is a decline in the practice of untouchability over
the years. About 151 have said that there is still the practice

211
 Table: 10.10

State Yes No Total

Andhra Pradesh 85 25 110

Karnataka 134 56 190

Madhya Pradesh 82 60 142

Rajasthan 31 11 42

Uttar Pradesh 79 3 82

West Bengal 80 2 82

Grand Total 491 157 648

Table: 10.10 shows the reasons for the above, in which education and
improvements of Dalits has been considered significant. The lack of these have
cited as the reason for the existence of this practice.

212
 Table: 10.11

Education
Society
Indira and
Scared of had
State Awareness Leaders Gandhi improvem
law changed
rules ent in
with time
dalits

Andhra
62 23 45 0 0 0
Pradesh

Karnataka 25 16 5 106 9 0

Madhya
0 24 0 0 82 0
Pradesh

Rajasthan 0 0 0 0 31 0

Uttar
0 0 0 0 5 79
Pradesh

West
0 15 0 0 80 0
Bengal

Grand
87 78 50 106 207 79
Total

213
 Table: 10.12

Because of dalits economic

State Not responded Total
condition is poor

Andhra Pradesh 0 25 25

Karnataka 45 11 56

Madhya Pradesh 0 60 60

Rajasthan 11 0 11

Uttar Pradesh 0 3 3

West Bengal 0 2 2

Grand Total 56 101 157

What are the means to strike at the practice of untouchability? About 369 have
said that strict laws would be enough. About 81 have advocated for economic
improvements, another 39 have said the welfare schemes would put an end to
the practice. But the other 249 feel that society has changed and there is no such
practice.

214
 Table 10.13

Implement
welfare Society has
Dalits should changed
Strict Law/ schemes for
State educate/econo
Awareness dalits properly (it has mostly
mically strong
minimizing removed)
corruption

Andhra
110 0 0 0
Pradesh

Karnataka 147 76 0 0

Madhya
57 0 0 85
Pradesh

Rajasthan 39 5 39 0

Uttar Pradesh 9 0 0 82

West Bengal 7 0 0 82

Grand Total 369 81 39 249

Most of the dalit leaders interviewed opined that untouchability can be combated
if dalits are politically organized and economically empowered. (Table 10.12(a))

215
10.13(a): Would the situation would be different if the SCs are politically
organized/ economically empowered?

State Yes No Not responded Total

Andhra Pradesh 3 0 0 3

Karnataka 4 0 0 4

Madhya Pradesh 2 0 0 2

Rajasthan 2 0 0 2

Uttar Pradesh 2 1 1 4

West Bangal 1 0 0 1

Grand Total 14 1 1 16

216
iii. Other Measures Taken for the Implementation of the PCRA

There has been a central scheme set up by the central government for the
implementation of the PCRA, which aims at giving administrative, infrastructural
and financial support to the institutions that implement the PCRA.234 There was
also a conference held in 2005 on the Prevention of Atrocities against Schedules
Castes and Scheduled Tribes. The table below displays the expenditure at the
state level in running these implementation programs:

234
Supra note 240.

217
iv. Special courts under the PCRA

Many states in India today also have special courts in the nature of special
mobile magistrate courts. These courts are equipped with infrastructure and
facilities that empower them, and make it possible to make the benefits of the
PCRA accessible to more persons.235

The following data, by the Ministry of Social Welfare, gives details of the special
courts in existence today.236

Table 10.15

Name of Name of Districts/Jurisdictions

Sl.No.
State of the Courts

1.Guntur 2.Tirupathi (Chittoor)

Andhra 3.Mahabubnagar 4. Nellore 5.
1
Pradesh Kurnool 6 Medak 7. Prakasham
(Ongole) 8 . Secunderabad

9 Divisional places and also at

2 Bihar East Champaran and Bhojpur
districts.

1.Raipur 2. Durg 3. Rajnandgaon

3. Chhattisgarh 4. Bilaspur 5. Raigarh 6. Surguja 7.
Jagdalpur.

1.Banaskantha (Palanpur)
2.Ahemadabad (Rural) 3. Katch
4. Gujarat (Bhuj) 4. Amreli 5. Vadodara 6.
Junagadh 7.Panchmahal 8. Rajkot
9. Surat 10. Surendranagar

235
Id.
236
Ministry of Social Justice and Empowerment, Information on Exclusive Special Courts Set Up By State
Governments Under The Scheduled Castes s And The Scheduled Tribes (Prevention Of Atrocities) Act,
1989.

218
 Name of Name of Districts/Jurisdictions
Sl.No.
State of the Courts

1.Bijapur 2.Gulbarga 3.Kolar

5. Karnataka 4.Raichur 5.Mysore 6. Belgaum 7.
Tumkur

1.Dhar 2.Shajapur 3.Morena

4.Shahdol 5. Damoh 6.Raisen
7.Mandla 8.Sehore 9. Bhind
10.Tikamgarh 11. Mandaleshwar
12. Dewas 13. Mandaur 14. Indore
Madhya 15. 14.Hoshangabad 15. Jabalpur
6. 16. Vidisha 17. Panna 18.
Pradesh
Chhatarpur 19. Ujjain 20 Guna 21.
Satna 22. Rewa 23. Narsinghpur
24. Sagar 26. Gwalior 27. Rajgarh
28. Bhopal 29. Jhabua.

1.Alwar 2.Pali 3.Pratapgarh

4.Jaipur 5.Ajmer 6.Udapur
7.Jodhpur 8.Kota 9.Bikaner
7. Rajasthan 10.Medta 11.Tonk 12.Ganganagar
13.Baran 14.Sawaimodhopur
15.Dausa 16.Jhalawar 17.Bilwara

1.Trichy 2.Madurai 3.Thanjavur 4.

8. Tamil Nadu Tirunelveli

1.Farrukabad 2.Unnao 3.Basti

4.Banda 5.Etawah 6.Hamirpur
7.Gonda 8.Kanpur city 9.Badaun
10.Sultanpur 11.Barabanki
9. Uttar Pradesh 12.Bulandshar 13.Gorakhpur
14.Varanasi 15.Pilibhit 16.Etah
17.Deoria 18.Jhansi 19.Faizabad
20.Agra 21.Kanpur Rural
22.Behraich 23.Lucknow 24.Jalaon

219
 Name of Name of Districts/Jurisdictions
Sl.No.
State of the Courts
25.Merrut 26.Ghaziabad 27.Sidarth
Nagar 28.Mirzapur 29.Chandausi
30.Balrampur 31.Fatehpur
32.Ghazipur 33.Mainpuri
34.Kannauj 35.Gautambudhnagar
36.Hardaui 37.Shravasti 38.Bagpat
39.Barelly 40.Jyotibaphulenagar.

220
XI. IMPACT OF POA ON PCRA

Despite the amendment of the Untouchability (Offences) Act in 1976 and it’s
being renamed as the Protection of Civil Rights Act, 1955, discrimination and
atrocities against the Scheduled Castes continued to occur and limitations in the
enforcement of the Act continued to exist. As a result, in 1989, the Parliament
enacted another law titled the “Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act (PoA Act). As the title suggests, the legislation
sought to target perpetrators of atrocities committed against Scheduled Castes
and Scheduled Tribes and aimed to prevent/deter them from committing such
acts.

The Statement of Objects and Reasons of the legislation states that it was found
that there were increasing attacks on Scheduled Castes and Tribes and
commission of atrocities like making them eat human excreta were on the rise.
Since existing laws like the PCRA and the Indian Penal Code were found to be
inadequate to curb these grave crimes, the new legislation was being enacted.
The PoA Act, in addition to providing stringent punishments created special
courts for the trial of offences under the Act, and also provided for the relief and
rehabilitation of victims of offences. Hence, the main reason for the enactment of
the legislation was the failure of the Protection of Civil Rights Act to check the
growing number of atrocities that were being committed on the Scheduled
Castes and Scheduled Tribes. Statistics from the Reports of the SC/ST
Commission, as well as the annual reports submitted by State Governments on
the working of respective legislations show that the number of cases filed under
the PoA Act is far higher than those filed under the PCRA. In this section, we will
compare and contrast the provisions of the two legislations in an attempt to
analyse possible reasons for such a disparity.

221
i. Scope of the Legislations

The PoA Act does not define the term “atrocity” but, in Section 3, lists out the
various acts that constitute atrocities. The section offers protection and remedies
against the following offences:

Social disabilities – This includes denial of access to places and use of

customary passage, and fouling of water.

Personal atrocities – This includes forceful drinking or eating of inedible and

obnoxious substances; stripping and imposing restrictions on clothing; parading
people naked or with painted faces and/or bodies; outraging the modesty of
women; sexual exploitation of women; causing injury and annoyance by dumping
excreta, waste matter, carcasses or obnoxious substances in premises or
neighborhood causing harm to reputation by way of insults and humiliation
“within public view”.

Atrocities affecting property – These offences include wrongful occupation or

cultivation of land; dispossession from land, residential premises or water; and
damage/destruction of properties.

Punishment for committing social and personal atrocities, as well as atrocities

affecting property, ranges from a minimum of imprisonment for six months to a
maximum of imprisonment for five years, along with a fine, the amount of which
is not expressly prescribed.

Atrocities by malicious prosecution – Offences under this head include

institution of false, malicious, vexatious, criminal or other legal
proceedings/complaints; supplying wrong information to public servants to make
them take action against members of the Scheduled Castes or Scheduled Tribes,
thus causing the injury or annoyance; or giving false evidence against them in
court to get them convicted of an offence with capital punishment or with severe
punishment of imprisonment more than seven years; causing destruction or
disappearance of evidence in order to facilitate acquittal of persons accused of

222
committing crimes against people from the Scheduled Castes s or scheduled
tribes.

Political disabilities – This includes forcing/intimidating a member of the

Scheduled Castes or Scheduled Tribe not to vote, or to vote for a particular
candidate or to vote in a manner not provided by law.

Economic exploitation – This consists of compelling or enticing a person from a

Scheduled Castes or scheduled tribe to do begging or forced or bonded labour
(other than compulsory service for public purpose ordered by the Government).

The PCRA covers religious disabilities, social disabilities and disabilities imposed
on the exercise of rights under the legislation, and has a different scope than the
PoA Act. The PCRA concentrates on removal of disabilities arising out of the
practice of untouchability and restricts the application to Scheduled Castes only,
whereas the PoA Act seeks to punish atrocities, for acts committed with a
specific intent, keeping in mind the caste of the victim. It also offers protection to
persons whose rights are infringed upon because of their refusal to practice
untouchability or because of their association with persons who are considered
‘untouchable’. It is important to note that the PoA Act does not have a
corresponding provision and is applicable in the case of members of Scheduled
Castes and Scheduled Tribes.

ii. Hard & Soft Crime Models

Naval argues that the PCRA adopts a mild crime model to tackle the practice of
untouchability while the PoA Act is based on a hard crime model to prevent the
commission of atrocities on SCs/STs.237 According to him, the features which
categorise the latter within the hard crime model are heavier punishments for
offenders as well as officials who do not enforce the legislation’s provisions
properly, imprisonment for offenders ranging from a minimum of six months to a

237
Naval, p. 73

223
maximum of five/seven years. Other strict provisions include the denial of
anticipatory bail and probation to offenders, cancellation of arms licenses of the
accused, externment of potential offenders and empowering special courts to
attach and forfeit property. He points out that the PoA Act provides a stricter
punishment for public servants who have committed offences under the
legislation. The minimum imprisonment term is one year and extends upto the
maximum sentence provided for the particular offence committed.

Naval also points out that the PCRA does not contain any provisions penalising
officers for neglecting their duties but only has a provision which punishes public
servants for abetting an offence. The rider to the provision is the requirement for
prior sanction by the Central or State Government depending on whether the
offender is a Central or State Government employee. The PCRA contains
provisions that impose sanctions on offenders such as S. 8 which
cancels/suspends licenses of persons who commit offences under S. 6, and S. 9
which suspends grants to managers or trustees of a public institution or place of
worship who are guilty of offences under the Act. The State Government is
empowered to impose collective fines on offenders belonging to a particular area
if they have abetted the commission of an offence under the Act or have
suppressed evidence or have not cooperated/assisted in finding an offender.

iii. Compensation

A significant feature of the PoA Act is its provision on compensation for victims or
their legal heirs. The Rules framed under the legislation mandate the District,
Sub-Divisional Magistrate or any other Executive Magistrate to provide
immediate relief in cash or in kind (food, water, shelter, medical aid, transport
facilities). Immediate relief is in addition to the right to claim compensation by the
victims’ or their legal heirs. The amount of compensation payable varies from Rs.
25,000 to Rs. 2,00,000 depending on the gravity of the atrocity.

224
iv. Special Courts/Prosecution Machinery

The PoA provides for the establishment of special courts for the speedy trial of
offences under the Act (S. 14). The State Government in concurrence with the
Chief Justice of the High Court may specify for each district a Court of Session to
be a Special Court to try offences under the Act. It also provides for the
appointment of Special Public Prosecutors to conduct the trial of offences under
the Act in the special courts (S. 15).

v. ‘Public view’ requirement in “insult” cases

An examination of the provisions of the PCRA and PoA Act reveals that the latter
requires that an offence be committed in “public view” under S. 3 (1) (x)238
whereas S. 7 (1) (d) of the PCRA239 does not have any such requirement.

In Shri Ram Nath Sachdeva v. Govt. of N.C.T. of Delhi240, a complaint registered

under both Acts was allowed under the PCRA but not under the PoA Act on
account of the act not being done in ‘public view.’ The accused, in this case, had
abused the complainant inside a house. A case was registered under S. 7 of the
Protection of Civil Rights Act. The magistrate found that S. 3 (1) (x) of the POA
Act was attracted and that the case would be exclusively triable by a Special
Court. The High Court acquitted the accused of the charges under the PoA Act
as the insults had not been made in ‘public view’. However, the charges under
the PCRA were allowed to proceed. The case of V.P. Shetty v. Inspector of
Police241 highlights the pro-active approach of the court. In this case, though an
offence registered under the PoA Act had not been committed in public view, the
Court held that the police could take cognizance of the offence under the PCRA
by virtue of S. 15 of the Act and S. 154 of the CrPC. However, in Alka A. Misra V.
238
S. 3 (1) (x) of the POA reads as follows – Whoever, not being a member of a SC or ST, -- intentionally
insults of intimidates with intent to humiliate a member of a SC/ST in any place within public view.
239
S. 7 (1) (d) says that whoever insults or attempts to insult a member of the Scheduled Castes on the
ground of untouchability will be punishable.
240
MANU/DE/0713/2001 [93 (2001) DLT 741]
241
MANU/MH/0550/2005 [2005 CriLJ 3560]

225
J.P. Shoke242, the Court acquitted the appellant as it did not find justification for
the complaint. It also found that the ‘public view’ requirement of S. 3 (1) (x) was
not fulfilled. These cases underline the importance of the Protection of Civil
Rights Act in so much that many victims of untouchability can proceed under it
without having to prove that the offences against them were committed in public
view.

vi. Non-mention or insignificant treatment of PCRA in offences registered

under both legislations

In Yunus Daud Bhura v. State of Maharashtra243, the accused was convicted for
insulting the complainant. The court held that the ‘public view’ requirement was
satisfied if the insults were heard by somebody else and that an offence would be
committed under the PoA Act. Though a case had been registered under the
PCRA as well, along with the offences under the PoA and the IPC, the offence
under the PCRA is conspicuous by its absence. It is only at the end of the
judgment when the Judge narrates the sections and laws under which the
accused has been convicted, that the PCRA appears! We have seen that the
remedies under both the Acts differ and the PoA is preferred because of
provisions for compensation. Yet a FIR is registered under both legislations.

In Bhanudas v. State of Maharashtra244, the petitioners registered a FIR against

the respondents under S. 3 (1) (x) of the POA and S. 7 (1) (c) of the PCRA for
insulting and abusing them. The Additional Sessions Judge had allowed an
application of the respondents stating that the petitioners were not members of
the Scheduled Castes and discharged them. On appeal, the Bombay High Court
found that the material on record showed that the petitioners belonged to the
Scheduled Castes and that the order passed by the Sessions Judge was wrong.
It said that there was a prima facie case to proceed against the respondents

242
MANU/MH/0937/2002 [2003 (3) MhLJ 62]
243
MANU/MH/0342/2001 [2002 Bom CR (Cri)]
244
MANU/MH/0842/2003

226
under S. 3 (1) (x) and sent the matter back to the Sessions court for proceeding
to decide it. While the conclusion of the High Court appears to be right, it is
puzzling to find the absence of any mention of the PCRA beyond the narration of
the facts of the case. Similarly in Krishna Kumari Verma v. State of Bihar245, a
FIR was registered under both legislations, but there is not mention of PCRA
while convicting the accused. In M. Niranjan Reddy and Ors. v. State of A.P.246,
investigation was conducted by the Circle Inspector under the PCRA. He found
that an offence was made under the PoA Act as well, and charge sheeted the
offender under the PoA Act. The trial court passed an order allowing the trial to
proceed under the PoA Act. A revision petition was filed in the High Court
challenging this order and questioning the officer’s competency to charge-sheet
the offence under the PoA Act in the light of Rule 7 of the PoA Rules which
states that only the Deputy Superintendent of Police can investigate offences
under the Act. The High Court quashed the charge-sheet. It said, “In order to
ensure any misuse of the Act, Rule 7 of the Rules lays down not only that the
investigation should be done by an Officer not below the rank of Deputy
Superintendent of Police but also lays down that such Officer should be
specifically appointed by the State Government for investigating the offences
under the Act. It further lays down that, while appointing such officers the
Government should take into consideration his past experience, sense of ability
and justice to perceive the implications of the case.”247

vii. Position on the Field

The empirical study indicates that the PCRA is hardly used in comparison to the
PoA Act. The reason for the same could be the factors listed above. In Andhra
Pradesh, when questionnaires were administered in Moida village of Therlam
Mandal in Vizianagaram District, most of those who responded (including many
Dalit leaders and police officials) were ignorant about the PCRA. However most
245
MANU/BH/0406/1999
246
MANU/AP/1029/2000 [2000 CriLJ 3125]
247
Ibid, at Para 1

227
of them (especially police and Dalit leaders) were trained and well versed with
the provisions of the PoA Act (please refer to Table …. at page 194). The
position was the same in Ullindakonda village of Kurnool district. Some activists
also pointed out that the PCRA was used to the detriment of the Dalits, as the
police usually attempted to file cases under PCR instead of PoA which had more
stringent provisions. This they alleged was used to dupe complainants and it thus
fell upon the activists to actively make sure that PoA Act was invoked. In Madhya
Pradesh, when the Director of Public Prosecution was interviewed, he stated that
he had no records of the cases filed under PCRA, and he further said that atleast
during his tenure, very few cases were filed under the PCRA, because most
cases were filed under the PoA Act. However, what this leads to is that acts
which do not fall within the definition of “atrocity” under the PoA Act, but would
lead to punishments under the PCRA are prosecuted under the former, leading
to acquittals. Hence, it appears that the PoA Act is being used in substitution of
the PCRA, and not to supplement it where possible. In Andhra Pradesh, several
Dalit activists interviewed commented that the PCRA was now redundant in the
light of the existence of PoA Act.

The problem arises because the scope of PCRA is confined only to certain
practices of untouchability. It does not take into account the fact that atrocities
committed against members of the Scheduled Castes also arise, by and large,
from this very practice of untouchability. The only place where this is recognised
is under Section 7 of the Act which penalises very mild forms of atrocities.

However, in its fifty-first report, the Committee on the Welfare of the Schedules
Castes and Schedules Tribes took note of the fact that atrocities against SC/STs
by and large emanate from the practice of untouchability.248

In its Twenty Third report, the Committee on the Welfare of the Scheduled
Castes and Scheduled Tribes, stated that the main causes of atrocities on
Scheduled Castes are socio-economic in nature. So far as social causes are

248
Committee on the Welfare of the Scheduled Castes s and Scheduled Tribes (1973 – 76), Fifth Lok
Sabha, Fifty First Report, Ministry of Home Affairs (Presented on March 31, 1976), Lok Sabha
Secretariat, New Delhi, March 1976, p. 14.

228
concerned, Scheduled Castes are subjected to various social and civil disabilities
arising from the evil custom of untouchability.249

In the following cases untouchability related events degenerated into atrocities:

Kafalta, Almora District, Uttar Pradesh on 9.5.1980; Jetalpur, Kheda district,

Gujarat in 1981; Devrali, Sikar district, Rajasthan in December, 1983; Kachur,
Rewa district, Madhya Pradesh, on 25.6.1985; a number of villages in South
Arcot and adjoining districts of Tamil Nadu in 1987-88; Udamgal-Khanapur,
Raichur district in Karnataka on 6.2.1988; Nathdward, Udaipur district, Rajasthan
on 23.6.1988 and again from July 1988 to 1.11.1988; Masari, Alwar District,
Rajasthan on 9.7.1989; Panwari, Agra district, Uttar Pradesh where seven were
killed and 210 injured and Kumber in Rajasthan in 1992.250

From this it follows that both atrocities as well as the imposition of disabilities
arise from the practice of untouchability and should be dealt with together. The
causes of both these social evils are the same and in fact many a times atrocities
are inflicted based on the perceived untouchability of the victim. Having two
separate legislations and different machinery is not an adequate solution.
Therefore it is recommended that there should be a comprehensive legislation
covering both the PCRA as well as the PoA Act. In light of the recommendation
made above, it is further suggested that other enactments like the Employment of
Manual Scavengers and Construction of Dry Latrines (Prohibition Act), 1993, the
Bonded Labour (Abolition) Act, 1976, etc, be dealt with within the same
legislative framework. It is pertinent to note again that all these enactments are
fighting different symptoms of the same disease. Also, all enactments suffer from
the same problems of lack of awareness and implementation because of the
existence of better machinery under one or the other Acts. All these Acts also
overlap in certain areas creating confusion as to the exact nature and scope of

249
Committee on the Welfare of the Scheduled Castes s and Scheduled Tribes (1992 – 93), Tenth Lok
Sabha, Twenty Third Report on Ministry of Home Affairs and Ministry of Welfare, Atrocities on
Scheduled Castes s and Patterns of Social Crimes Towards Them Lok Sabha Secretariat, New Delhi,
April 1993, p.7.
250
Prasad, Chandra, Kumar (ed.), Effective Implementation of Scheduled Castes s and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, p.14.

229
the various provisions. In light of this, it is important to examine whether there is
need for separate legislation on each of these symptoms of caste-based
discrimination and persecution, or whether a comprehensive legislation
addressing all these issues, but also locating the cure in a legislatively mandated
framework of affirmative policy options as well as special institutional structures
might be better suited to tackling these issues. In the particular context of
examining the institutional setup to deal with these legislations there is a clear
need to establish an integrated mechanism for addressing the grave issue of
designing an effective institutional solution to address the problem of caste-
based discrimination and untouchability.

This also makes practical sense. While setting up a different machinery, as has
been suggested in the course of this Study, might not be feasible with regard to
the number of cases reported in relation to untouchability, in case these
legislations are combined together, the setting up of such a machinery becomes
a more viable option.

230
XII. RECOMMENDATIONS AND CONCLUSIONS

This report has been prepared keeping in mind several important lessons gained
from the study of attempts at reform and legislation to do away with the practice
of untouchability, including the Protection of Civil Rights Act. First, that attempts
at removing the symptoms of untouchability without addressing embedded
hierarchies cannot meet with success. Second, that the practices of
untouchability persist due to the avoidance of any perceived interference in the
so-called ‘personal’ sphere. Third, legislation dealing with issues such as
untouchability can only be successful if accompanied by active engagement at a
social and political level. Last, that any redressal mechanism has to be instituted
keeping in mind social realities such as issues of access to justice and
corruption. While there is increasing awareness, and assertion of rights, the
same resisted through the embedded hierarchies, resulting in new forms and
practices of social evils such as untouchability, thus requiring newer methods of
studying and dealing with the same. It is with that background that the study of
the PCRA has been carried out in the present report. The following are the
conclusions and recommendations of this study.

i. Conclusions and Observations on the Basic Scheme of the Act

After six decades of independence, a study of the working of the PCRA provides
a glimpse of the changes among the down-trodden sections of society, as well as
all that remains unchanged. The very alteration of the title in 1976 indicates that
the legislation was not intended to merely punish the offence of untouchability but
also to address deeper concerns regarding the basis of this social evil. However,
the content of the legislation in its present form does not reflect clearly
enunciated goals—whether the Act exists merely to remove specific disabilities
symptomatic of the prevalence of untouchability or whether it makes a concerted

231
effort to strike at the root of the problem. If the stated goal of the legislation is
eradication of untouchability, it must attempt the latter, not just the former.

If the stated goal is the eradication of untouchability as a social evil, provisions

relating to criminalization have to be seen in a different light—instead of focusing
on the punishment of individuals, the Act has to deal with societal structures that
perpetuate oppression. This would require the creation of an institutional set-up,
as discussed above, which will not only remove disabilities but also create the
opportunity and the environment to assert and enjoy rights freely. Therefore, to
truly effectuate Article 17, the legislation has to ensure a greater role by the
State, not limited to the punishment of individuals.

ii. Definitions of Untouchability

Most definitions of untouchability seem to only highlight practices associated with

the same instead of demarcating clear boundaries. A further problem with the
understanding of untouchability is its persistent association with the Scheduled
Castes, notwithstanding the fact that the Statement of Objects and Reasons of
the PCRA states that the Act is not confined in its application only to Hindus.
Also, there is a perception that a person belonging to the Scheduled Castes,
against whom historically untouchability has been practiced, cannot in turn
practice untouchability. A definition of untouchability which would address these
problems should make clear that that concept of untouchability is separate from
any varna gradation, or membership of any caste or religion. A comprehensive
definition of untouchable may be found in the Untouchability Offences Bill in S. 2
(f):

“Untouchable means a member of the Scheduled Castes as

defined in Article 366 (24) of the Constitution and includes any
other person who by custom or usage is regarded as untouchable
by any community or section thereof:

232
 Explanation I:

A member of the Scheduled Castes shall not cease to be a

member if he resides in any locality other than the locality specified
in relation to him in any public notification issued or any law made
by Parliament under Article 341 of the Constitution.

Explanation II

A member of the Scheduled Castes who has been converted from

the Hindu religion to any other religion shall, notwithstanding such
conversion, be deemed to be an untouchable for the purposes of
this act”.

The above definition of untouchability may be adopted to remove

confusion regarding the commission of offences of persons who are not
members of the Scheduled Castes, as is seen in cases where FIRs are not
registered or remedies under the PCRA are denied on the ground that the
particular caste is not notified as a Scheduled Castes in a particular state,
notwithstanding the fact that the PCRA does not mandate Scheduled Castes
status.

iii. Scope of the PCRA

The PCRA covers religious and social disabilities, and disabilities imposed on the
exercise of rights under the legislation. It has a different scope than the POA Act,
since it focuses on removal of disabilities rather than the punishment of atrocities.
Milder forms of the practice of untouchability are covered by the PCRA and
aggravated offences under the PoA Act. Section 7 (1) (d), PCRA acquires
particular importance in this context since it does not have the requirement that
the offence be committed in public view, as the corresponding Section S. 3 (1)
(x), PoA does. Our field work indicates that the PCRA is hardly used in
comparison to the PoA Act, due to harsher punishments in the latter, as well as

233
provisions for compensation. But such preference leads to offences which are
not ‘atrocities’ being prosecuted under the PoA Act and acquitted, although they
would have secured convictions under the PCRA. The PoA Act is therefore being
used in substitution of the PCRA.

It should be kept in mind that both atrocities as well as the imposition of

disabilities arise from the practice of untouchability and should be dealt with
together. Therefore it is recommended that there should be a
comprehensive legislation covering both the PCRA and the POA Act, as
well as laws like the Employment of Manual Scavengers and Construction
of Dry Latrines (Prohibition Act), 1993, the Bonded Labour (Abolition) Act,
1976, etc., which fight the same problem, and suffer from similar institutional
weaknesses. They also overlap leading to confusion. While different machinery
may not be easily set-up for each separate Act, a comprehensive legislation
would lend to greater feasibility in the establishment of the institutional
mechanisms described in this report.

iv. Conclusions with respect to specific provisions

1. Procedural Reform

With respect to the interpretation of the provisions of the PCRA and the
compliance with the procedural requirements of the same, several instances of
the same have been highlighted above. For example S. 7 (1) (d) dealing with
insult has been interpreted in a number of decisions to mean that in order for
insult to amount to an offence has to be on the ground of untouchability alone,
although the Section itself does not require the same. A further example is the
persisting question of whether offences under the PCRA are compoundable, in
spite of deletion of the provision which had allowed compounding of offences
under the Act.

234
With respect to procedural issues, the conceptual ambiguity with respect to
Scheduled Castes status and offences under the PCRA is also reflected in the
fact that FIRs require a statement of the caste of the complainant and the
accused, and may be quashed if the information is missing, although the Act
itself does not mandate the same. At the very least, police officers should instruct
complainants to state their caste in the FIR in such cases. Also, there is non-
compliance with procedural requirements by prosecution agencies which result in
the vitiation of trials, as seen in a number of decisions. This is to the detriment of
the complainant who does not retain any control over the proceedings, but is left
without a remedy due to irregularities committed by prosecuting agencies.

In order to deal with procedural lapses, we recommend the preparation and

distribution of training manuals, in consultation with the Police and
Judicial Academies, detailing procedure to be followed for registration of FIRs,
investigation and charge-sheeting that will detail out the required procedures that
are to be followed by the police during registration of offences, investigation and
charge-sheeting of offences, as well as by the Magistrates in commanding the
police to stop or continue investigations etc.

2. Witness Protection
Witness protection is a substantive provision of great importance as hostile
witnesses are a principal cause for the large number of acquittals. Our field study
indicates that compensation is not made available to witnesses till months after
the witness appears in court, which is a reason that the practice of compensating
witnesses has not resulted in a lowering of acquittal rates. We therefore
recommend an expeditious compensation, if possible on the same day, as
well as measures of protection to victims who approach the Courts.

3. Sentencing and Conviction

With respect to sentencing, it is not clear whether the policy being followed is that
of deterrence or rehabilitation, although the focus seems to be on the latter.

235
Sentencing may be altered only once the goal of the same is made clear, since, if
the theory of deterrence is pursued, harsher punishments would be in order.
However, the overall focus of the PCRA seems to be more indicative of social
rehabilitation, and this should be kept in mind when prescribing punishment.
Some specific suggestions are given below:

a) While conviction proves to be difficult, civil remedies are often time-

consuming. Hence, incorporating both civil and criminal remedies
seems to best serve the goals of the PCRA, such as by encouraging
prosecutors to pray for compensation, which a court can award
under Section 357 of the Cr.P.C.

b) A new Section should be incorporated penalizing practice of

untouchability by employees of the State, to which a more stringent
punishment should be prescribed, to address the fact that
untouchability is rampant in the State services and in access to State
services.

c) In Section 10, the offence of abetment by a public servant, situations

where reserved posts in service are not filled up should be
considered for possible offence of abetment to untouchability, as
originally proposed in the 1976 Amendment Bill Explanation to Section 10.

d) Instead of the requirement of sanction in Section 15 (2), the redressal of

a grievance of this nature against a public servant should be through
a Vigilance Committee. The Vigilance Commission may also conduct
periodic surveys of the working of the provisions of the Act, with a
view to suggesting measures for the better implementation of its
provisions.

e) The little-used Section 10A for the imposition of collective fine may
be done away with, and instead the practice of taking a collective
bond may be instituted, returnable only after a specified period of

236
 normalcy in an area. Interests earned from such bond may be used to
spread awareness on untouchability.

f) Further use should be made of the little-used Sections 8 and 9 for

cancellation of government licenses which are innovative practices
which may be better used to tackle untouchability, by not merely
restricting it to offences under Section 6, but extending it to any
offences of untouchability committed in relation to any business,
trade, profession, calling or employment, which requires a license.
As part of the pre-sentence hearing, it should be mandatory for the
Magistrate to ask the accused to show cause why his license should
not be revoked.

4. Institutional Reform

a) With respect to the investigation of crimes, since it has been noted that
investigation of PCRA crimes is not given a great deal of importance by
the police, a Cell should be constituted to exclusively deal with caste
related crimes. The Cell may act as a nodal committee for gathering
information supplied by the entire network of intelligence agencies
already in existence. It would then forward such information to
appropriate authorities and engage in further investigation.

b) Cells such as the Civil Rights Enforcement Cell (CRE Cell) in Karnataka
however are set up only to initiate prosecution or exercise supervision
over prosecutions for contravention of the provisions of the Act, and
perform a watchdog function rather than an investigative one, as the local
police are required to inform the CRE Cell at all stages of the investigative
process. A Special Cell within the police department, as discussed above,
would instead be a better mechanism.

c) With respect to the Special Courts under the Act, they should deal
exclusively with caste-based offences, and be set-up in all States
and Union Territories, and also have their own Prosecutor, Police

237
 Personnel and other Officials. While Section 15 of the POA requires a
Special Public Prosecutor of atleast 7 years, this is less than the
mandated 10 years in Section 24(7) of the CrPC. The POA provision loses
sight of the fact that special legislation would require persons of greater
experience, and the same should be kept in mind when appointing Special
Public Prosecutors under the PCRA as well.

d) With respect to institutional support from the Panchayati Raj

institutions, as recommended by the Saxena Committee Report by
the NHRC, it is submitted that since such institutions are very often
enmeshed in caste hierarchies, their involvement may not assist in
the eradication of untouchability. Local involvement may be in the
form of Vigilance Committees at the District Level.

e) Implementation of the Act is fundamentally impeded by the fact that basic

institutional requirements such as the establishment of Vigilance and
Monitoring Committees under the Act have not been carried out. Such
requirements must be met before any of the suggestions in this report are
to have any effect.

f) An important institutional support is required which may be met by

the setting up of a Civil Rights Enforcement Committee comprising
of representatives of the police, administration, civil society and
affected communities whose mandate would include:

A. Providing assistance to victims of untouchability practices;

B. Creating awareness about the constitutional guarantees and the
gamut of legislations on this issue;
C. Working as a watchdog to ensure that local officials implement the
provisions of the Act, and in its absence, acting as a reporting
mechanism for complaints in this regard
D. Providing data and research to the Government on the forms and
extent of untouchability, and other caste-based discrimination in the

238
 district, and making suggestions and recommendations for policy
interventions in this regard;
E. Providing feedback and vigilance for Government initiated schemes
for the welfare and upliftment of oppressed and marginalized
groups.
F. A significant role may be played by Voluntary Organizations,
through involvement in the Civil Rights Enforcement Committee,
and through official recognition under the Act. Such organizations
may assist the victim in going through the process of filing of the
FIR, trial, relief and rehabilitation.

Awareness generation and capacity building

239
 Annexure I a
INFORMATION INVENTORY
SOURCE INFORMATION METHOD
State Directorate of 1. State-level Consolidated Annual data on number Documentary
Public Prosecution of cases filed under PCRA and POA and the Analysis
status of the Cases
2. District-wise annual data on number of cases
filed under PCRA and POA and the status of the
Cases (Selection of sample villages)
3. Administrative hierarchya
4. Contact details of the concerned
authorities/representatives at the
divisional/district levels and other lower levels Interview
5. Procedural matters
6. Case files- for case analyses
7. Besides identify 2-3 prospective respondents for
administering the Opinionaire
CRE Cell 1. State-level Consolidated Annual data on number Documentary
of cases filed under PCRA and POA and the Analysis
status of the Cases
2. Progress of Cases Interview
3. Besides identify 2-3 prospective respondents for
administering the Opinionaire
Ministry of Social 1. Compensation Documentary
Welfare/ Similar 2. Other official data Analysis
Mechanism
Interview
State Public 1. Details of the number of cases where appeal is Documentary
Prosecutor made in high courts Analysis
2. Facts of those cases Interview
District Special 1. Data on number of cases filed under PCRA and Documentary
Courts POA and the status of the Cases for the selected Analysis
And regions/villages and for the entire district
Special Public 2. Case files- for case analyses
Prosecutor 3. Contact details of the complainant and the
accused for indepth interviews in each selected
case
4. Besides identify 2-3 prospective respondents for
administering the Opinionaire
Interview
Local Police 1. Data on number of cases filed under PCRA and Documentary
Station POA and the status of the Cases Analysis
2. Steps taken in concerned cases- triangulation
3. Besides identify 2-3 prospective respondents for Interview
administering the Opinionaire

240
 Annexure I b
TEMPLATE FOR COLLECTING INFORMATION ON VILLAGE
BACKGROUND:

Background Information Source

component
Education 1) Year of establishment of Primary School GP and School
(up to 4th or 5th (probe),
Upgrading of School to 8th Std

2) Where would children go for beyond 5th

standard schooling before upgrading?

3) Time of change from single teacher

school

4) Statistics on enrolments, failures and Teachers and

drop-outs by standard and sex (probe on Head Teacher
potential performance and retention
problems among students from different
backgrounds, castes)

5) Facilities available in the school: govt. or

other support programs (free uniforms,
books, etc)

Social structure 1. Caste composition (house-list) and GP and a key-

hierarchy informant

2. Main festivals celebrated by villagers:

Time of the year and name of festival and
any community specificity.

3. Important recent events in the village GP

(e.g. the construction of a new road –
brief description along with date – “time-
line”)

4. Temples and priesthood

5. Patterns of inheritance across different

communities (matriliny, patriliny) and
implications for hh-structure and hh
decision-making

241
 Background Information Source
component

6. Aspects of marital practices across

communities (preferences, dowries etc)

7. History of the communities in the village

Economic 1. Main Economic Activities Individual
activities 2. Cropping, tasks and activity patterns by villagers
season. Prices. (triangulate),
3. Water availability and specific strategies group
for water harvesting discussions, GP
4. Non-agricultural activities and
availability of work by season
5. Structure of land holdings
6. Wage rates of males, females and
children, by season and task. Changes
over time. Work on contract
7. In Yeljith: Organisation of seasonal
migration to Sirsi
8. Livestock
9. Main problems and constraints in
agriculture
10. The opportunities and future prospects
and problems facing the youth
11. Patterns of in-migration for construction
and agricultural work

Forest Species 8. Predominant species (trees) Local forest

9. Local use of the forest officer, villagers
10. Wild animals
11. Hunting in the forest
Activities of 5. Facilities available in the village (Post GP
Gram panchayat office, bank, dairy, shops, electricity, Villagers
telephone, etc)
6. Drinking water facility
7. Development of roads, bridges-the
timing and employment potential
8. Roles of Extension education centre, Extension
Anganavadi Education Center
9. Origin of GP personnel
10. History of relationship/patterns of
conflict and their causes/ between
different social groups

242
 Annexure I c
PRACTICE OF UNTOUCHABILITY QUESTIONNAIRE

“Evaluation of the working of the Protection of Civil Rights Act, 1955 and its
impact on the abolition of Untouchability”
(Project undertaken by NLSIU and sponsored by Ministry of Social Justice and Empowerment)
Information collected through this questionnaire shall be strictly confidential and will not
be used for any other purpose than that of the present research
(To be administered to four different non-dalits in the village at different points of time)

SECTION 1: BACKGROUND INFORMATION

Name of the Village:

Taluk:

District and State:

Village Panchayat:

Population:

Male: Female: Total:

Number of Shops:

Number of Sources of Drinking Water:

Number of Hotels:

Name and Profile of the Respondent:

Name of the Interviewer:

Date of Interview:

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 SECTION 2: SOCIAL LIFE

1. Caste composition of the village:

Sl No Caste No of Households Population

2. At the Village level, who are the Upper, Middle and Lower Castes and where do
they live?

Upper Middle Lower Location of Houses Inside the Village/Outside

Castes Castes Castes the Village

3. Names of the Castes who live in the main streets of the village:

4. Do the dalits have access/entry into the houses of the non-dalits? Y/N
List the castes which allow and disallow

5. If Dalits are allowed entry, how far can they enter the house?

6. Are dalits served food and water in non-dalit houses? Y/N

7. Are dalits served food and water in segregated vessels? Y/N
8. Do non-dalits pour drinking water into the hands of the dalits? Y/N
9. Are Dalits prohibited from entering the main streets of the village? Y/N

10. Hotels, their location and ownership

Number of Hotels Caste of the Owners Location of the Are Dalits Are Dalits
Hotels allowed to take working?
food?

11. If Dalits are allowed to use the hotel, are they served food and beverages in
separate vessels? Y/N

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12. Where is the post office? Inside the Villege/Outside
13. What is the caste background of the postal staff:
Post-man: Post-master:
14. Whether Postman delivers the letters to dalits at their door-steps or
commands/informs them to collect themselves?
15. Is there a prohibition on the entry of the Postman into Dalit inhabited areas? Y/N
16. Is there a public library in the village? Y/N
17. If yes, its location………..
Caste background of the librarian………………..
Whether Library functions everyday? Y/N
Whether dalits have entry to Library? Y/N
Is there a separate seating arrangement for Dalits? Y/N
18. Is there Early Child Care and Education Centre (balawadi/anganawadi) in the
village? Y/N
19. If yes, its location:
Caste of the Personnel in-charge:
Whether it functions everyday? Y/N
Whether dalit children have entry? Y/N
If not is there a prohibition on them? Y/N
Is there a separate seating arrangement for Dalit children? Y/N
Number of children in the centre? Total: Dalit Children:
Boys: Girls: Dalit Boys: Dalit Girls:
20. Facilities extended at the centre:

21. Are dalit Children discriminated in provision of these facilities? Y/N Give details.

22. Does the Village have Extension Education Centre? Y/N

23. If Yes, its location:
Caste of the Personnel in-charge:
Whether it functions everyday? Y/N
Whether dalits have entry? Y/N
If not is there a prohibition on them? Y/N
Is there a separate seating arrangement for Dalits? Y/N
24. Is there a Primary Health Centre? Y/N
25. If yes, its location……………
26. Whether Dalits have access? Y/N
27. If No, where do the patients go for treatment?

245
 28. If there is a private medical practitioner,
(a) his/her Caste:
(b) Location of the clinic:
(c) Whether Dalits also come for treatment? Y/N
(d) Details of the practice of untouchability:

29. Is there a bank? Y/N Name of the Bank:

30. Its Location:
31. Number of Account holders:
32. Number of Dalits who hold accounts in the bank
33. Facilities available for Dalit customers:

34. Number of dalit and non-dalit beneficiaries of different schemes:

35. Number of various sources of drinking water, their location and control:
Source Number Control
Well
Pump well
Tube well
Tank
River
Stream
Any other

36. Is there a separate drinking water facility for dalits? Y/N Name it if Yes

37. Are Dalits allowed to avail the services of other public sources of drinking water?
Y/N

38. During scarcity, are Dalits allowed to use the drinking water sources being used
by non-dalits? Y/N

39. Is public drinking water facility extended to dalits? Y/N

40. If dalits and non-dalits use the same source of drinking water, is there as
restriction on dalits to use it after the non-dalits finish their turn? Y/N

41. Are there any instances of conflicts between dalits and non-dalits over access to
drinking water? Y/N

246
 42. Do dalits stand up in respect before some Non-dalits? Y/N

43. Are Dalits being made to sit at lower levels than non-dalits? Y/N

44. Are dalits used to the practice of standing with folded hands in front of non-
dalits? Y/N

45. Shops, their location and ownership:

46. Do Dalits have access to shops in the main streets of the village? Y/N

SECTION 3: CULTURAL LIFE

1. Name of the important festivals and processions in the village:

2. Important Temples in the village, their Location and Priesthood:

Sl Name of the Location Caste of the Do Dalits have
No Temple Inside Priest entry?
/outside

3. Do Dalits take part in the religious activities of the temples: Y/N

4. If Yes, what are their roles:
(a) beating drums
(b) harbingers of information
(c)

5. Are Dalits prohibited from participating in the temple activities? Y/N

6. Do Non-Dalits invite Dalits on important occasions such as marriages? Y/N
7. If Yes, How are Dalits treated?

8. Are Dalits supposed to eat after the non-dalits finish their turn? Y/N
(Narrate the hierarchy in dining if any)

247
 9. Are dalits supposed to carry their own plates? Y/N
10. Are dalits supposed to wash the plates used by them? Y/N
11. Are Dalits served food in their towels or upper garments? Y/N
12. Are Dalits served at a distant place than the place of feast for non-dalits? Y/N
13. Do Dalits invite Non-Dalits on important occasions such as marriages? Y/N
14. If Yes, do Non-Dalits attend such functions? Give details

15. Are Dalits allowed to bring Marriage Processions to the localities where non-
dalits live? Y/N
16. Are dalits allowed to take Funeral Processions in the localities where non-dalits
live? Y/N
17. Do Dalits cremate or perform the funeral in the same graveyard used by the don-
dalits? Y/N
18. Do Dalits wear clothes which are distinct from the clothes worn by Non-Dalits:
Y/N
19. If Yes, is it incidental or is there a restriction on the clothing patterns of Dalits?

20. Is there a restriction on Dalits wearing Clean clothes? Y/N Narrate

SECTION 4: EDUCATIONAL LIFE

1. Name and year of establishment of the School:

2. Location:

3. Levels of Schooling:

4. Nearest Destination for further education:

5. Distance from the Dalit inhabitation:

6. Background of the teachers:

Name Designation Sex Nativity Residence Caste Experience

Cook-Mid-day Meals

248
 7. Background of the students:
All students Dalit Students
Male Female Total Male Female Total

8. Background of the failed students:

All students Dalit Students
Male Female Total Male Female Total

9. Background of the drop-outs:

All students Dalit Students
Male Female Total Male Female Total

10. Special Facilities available for dalit students:

11. Is there separate seating arrangement for Dalit students? Y/N

12. Are there any Dalit Teachers in the school? Y/N
13. If yes, is he/she prevented from residing in the main street of the village? Y/N

SECTION 5: ECONOMIC LIFE

1. Main occupation in the village:
Caste Numbers Primary Occupation Secondary Occupation

Dalits

2. Details of Landholding in the village:

Degree of Land-holding Castes Amount of land
holding
Large Scale
Medium
Small Scale
Landless-Tenant Farmers
Landless- Agricultural workers

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 3. Source of Public Irrigation, its location and control:
4. Do dalit farmers have access to public source of irrigation? Y/N
5. Which caste the agricultural wage labourers belong mostly to?
6. What is the nature of work assigned to Dalit agricultural wage labourers in
comparison with the tasks performed by non-dalit counterparts?

7. Wage structure:
Sex Agriculture Other Sectors
Non-dalits Dalits Non_Dalits Dalits
MALE
FEMALE

8. Agricultural season in the village:

9. Which are the months wherein the wage labourers find avenues of work?
10. Where do wage labourers go for work during non-work seasons?
11. Details of the non-agricultural activities in the village:
Name of the activity Caste of the people Sex Average monthly
associated income
Beedi-rolling
Selling flowers
Wood-cutting

12. Is there any restriction on dalit workers to do a particular type of work? Y/N
Explain

SECTION 6: POLITICAL LIFE

1. Profile of the Village panchayath members:

Name Designation Caste Sex Education Reserved? First-
timer?
President
Vice-
President
Member

250
 Secretary ----------- ------------

2. Have Dalits contested and won in constituencies which were not reserved for
Dalits? Y/N Give Details if Yes

3. Do Dalits have the freedom and liberty to participate in the political activities of
the Village? Y/N Give Details

4. Are Dalits being prevented from contesting in elections? Y/N

5. Are dalits prevented from exercising their right to vote? Y/N

6. Are Dalit voters being pressurized to vote for a non-dalit? Y/N

7. Are Dalits given segregated seating arrangement in the meetings of the Village
panchayath? Y/N

8. Are Dalit representatives served food and drinks in segregated vessels? Y/N

9. Do dalits participate in the meetings of the Grama sabha (Village Assembly)?

10. Are dalits prohibited from participating in the meetings of the Grama sabha
(VillageCouncil)? Y/N

11. If the President or the chief/deputy chief of the Panchayath is a Dalit,

(a) Is he/she being prevented from taking his/her seat? Y/N

(b) Are his/her decisions being neglected? Y/N
(c) Is he/she being prevented from using the telephone meant for the use of the
president/vice-president? Y/N
(d) Is he/she being addressed by the tag/name of the caste? Y/N
(e) Is he/she being invited to be the president of all official functions within the
jurisdiction of the village panchayath? Y/N

12. Are there any instances of conflicts between Dalit and non-dalit members of the
Panchayath? Y/N Narrate

13. What are the facilities and schemes meant for the Dalits?

14. Is there any discrimination against dalits in extending schemes meant for them?
Y/N Narrate

251
 Annexure I d
DALIT HOUSEHOLD SURVEY FORM

“Evaluation of the working of the Protection of Civil Rights Act, 1955 and its
impact on the abolition of Untouchability”
(Project undertaken by NLSIU and sponsored by Ministry of Social Justice and Empowerment)

Information collected through this questionnaire shall be strictly confidential and will not be used for any
other purpose than that of the present research
(to be administered for all SC Households in the village)

SECTION 1: General Information

Name of the Village: Village Panchayat:

Taluk: District and State:

Name of the Respondent: Household Identification No:

Head of the Household: Household Composition:

Caste: Sub Caste:
Main Occupation: Other occupations:
Landholding: Annual Income:
Type of House: KUTCHA PUCCA
Name of the Interviewer: Date of Interview:

Details of the Members of the Household:

Name Age Sex Relation Education Reason for Occupation Migrant Income
to HH Dropping for
Head out Work?

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 SECTION 2: Social Life

2.1 Patterns of Habitation and Access to the Village:

47. At the Village level, who are the Upper, Middle and Lower Castes and where do
they live?

Upper Middle Lower Location of Houses Inside the Village/Outside

Castes Castes Castes the Village

48. Names of the Castes who live in the main streets of the village:

49. Are you prohibited from entering the main streets of the village? Y/N

50. Are you allowed to walk with sandals in the vicinity of other castes? Y/N

51. Are you allowed to use umbrella in other caste localities? Y/N

52. Are you allowed to ride bicycles, rickshaws and bullock carts in other caste
localities? Y/N

53. How do you react to these practices?

54. Has there been any conflict over entry to main streets of your village? Y/N
Narrate the episode

2.2 Respect for Other Castes in social Interactions:

1. Are you expected to talk to people of other castes with folded hands? Y/N

2. Do you stand up in respect before dominant castes? Y/N

3. Are you asked to sit at lower level than other caste people? Y/N

4. How do your react to these practices?

253
 5. Has there been any conflict over respect for other castes in your village? Y/N
Narrate the episode

2.3 Entry to Non-Dalit Houses

1. Do you have access/entry into the houses of the non-you? Y/N

List the castes which allow and disallow

2. If you are allowed entry, how far can you enter the house?

Only exterior parts (verrandah)……………

Interior parts ……………………….

3. Are you allowed to enter to store their agricultural produce at the time of harvest?
Y/N

4. If you are allowed, are you asked to clean their feet and hands before you come
into their houses?

5. Are you compelled to stand far away from the houses of other castes? Y/N

6. How do your react to these practices?

7. Has there been any conflict over entry to other caste houses? Y/N
Narrate the episode

2.4 Serving of Food and water in Non-dalit Houses:

1. Are you served food and water in non-dalit houses? Y/N

2. Are you served food and water in segregated vessels? Y/N

3. Are you served in aluminium tumblers contrary to steel tumblers used for other
caste people? Y/N

4. Do they pour drinking water into your hands? Y/N

5. Should you walk at a distance when you encounter someone from other castes?
Y/N

254
 6. How do your react to these practices?

7. Has there been any conflict over entry to and serving of food at other caste
houses? Y/N Narrate the episode

2.5 Segregation at Feasts and Community Lunch:

1. Do other castes invite you on important occasions such as marriages? Y/N

2. Are you supposed to eat after the other castes finish their turn? Y/N

3. Do they serve in the same plates and tumblers meant also for the other castes?
Y/N

4. If not do they serve in segregated vessels? Y/N

5. Are you told to wash your plates after the dinner? Y/N

6. Are you supposed to get your plates and tumblers? Y/N

7. Are you served food in towels or are you asked to hold upper garment to collect
food? Y/N

8. Are you served food at a distant place from the hosted premises? Y/N

9. How do your react to these practices? Narrate

10. Has there been any conflict over segregation at feasts? Y/N Narrate the episode

2.6 Inter-dining:

1. Do you invite invite other castes for any celebrations? Y/N

2. If Yes, give details of the occasions and the castes you invite:

3. Do other castes come when invited? Y/N

Give details:

255
 4. Do they eat the food prepared and served by you? Y/N
5. If No, do they cook for themselves or hire a man from their community and
makes him cook separately for them?
6. If the other castes never attend the functions or any kind of celebrations in your
families, do they order their quota of food directly from the shop without getting
into physical contact with you? Y/N

7. In case they take food, is the Food for your caste served in leaves but for other
castes in plates? Y/N

8. How do you react to these practices?

9. Has there been any conflict over interdining? Y/N Narrate the episode

2.7 Access to Drinking water:

1. Where do you draw/fetch drinking water from?

2. Is it exclusively for your community or is it used by others also? Y/N

3. In case of common water source for both your community and other castes,
(a) Are you allowed to fetch water directly? Y/N
(b) If No, do the people of other castes draw and pour water into your pots?
Y/N
(c) Should you wait till people of other castes draw and pour water into your
pots? Y/N
(d) If drawing water from open Wells, is there a separate pulley for your
community? Y/N
(e) Do you stand in separate queue? Y/N
(f) Are you allowed to touch the pots brought by people of other castes? Y/N
(g) Do they touch your pots? Y/N
(h) Should you fetch water only after other castes draw water? Y/N

4. If there are separate wells and bore-wells for your community and other castes
and in case of acute shortage of water, do other castes fetch water from your water
sources?
Y/N

256
 (a) If Yes, Should you wait till people of other castes finish their turn? Y/N
(b) In case of bore-wells, do they primarily clean the bore- well and its
surroundings before drawing water? Y/N

5. If there are separate wells and bore-wells for your community and other castes
and in case of acute shortage of water, do other castes allow you to fetch water
from their water sources? Y/N

(a) If Yes, Should you wait till people of other castes finish their turn? Y/N
(b) Do you draw water directly? Y/N
(c) Are you supposed to clean the bore- well and its surroundings before or
after drawing water? Y/N

6. If the source of drinking water is a natural lake or a pond or a tank, are you
supposed to fetch from the down stream where other castes do not a reach?
Y/N
7. Do you carry drinking water to your workplaces? Y/N

8. If No, do you ask for it from the employer? Y/N

9. Does your employer serve you the drinking water in a vessel or pour into your
hands? Y/N

10. How do your react to these practices? Narrate

11. Has there been any conflict over entry to and discrimination at Public sources of
Drinking water? Narrate the episode

2.8 Untouchability in public space:

2.8A Hotels/Public Eating places:

1. Do you go to hotel in your village? Y/N
2. Give reasons if you don’t go to hotel?

3. Are you allowed to visit the hotel? Y/N

4. Are you served food and beverages outside the hotel? Y/N
5. Are you served food and beverages in separate vessels? Y/N
6. How do you react to these practices?

7. Do you know that you can file a case against these practices? Y/N
8. If yes, give details:

257
9. If No, would you like to know about your rights? Y/N
10. Is anyone from your community working in any hotel? Y/N
11. If No, give reasons

11. Has there been any conflict over a dalit being denied entry to a hotel? Y/N
Narrate the episode

2.8B Post-office:

1. Do you go to Post-office? Y/N, If No, Give reasons

2. If you visit post office, does the post-master issue the stamps and other postal
material to your hands directly? Y/N
3. Does the Postman deliver the letters to you at your door-steps or does he
command/inform you to collect yourself? Y/N
4. Are there instances of late delivery? Y/N
5. Does the Post-man deliver letters through other members of your community
without visiting your area? Y/N
6. Is there a prohibition on the entry of the Postman into your areas? Y/N
7. How do you react to discriminatory practices at Post-Office?

12. Has there been any conflict over entry to and discrimination at Post-Office? Y/N
Narrate the episode

2.8C Banks:

1. Do you go to bank? Y/N

2. If Yes what for?

3. If no, why?

4. If you carryout transactions with the bank, do you approach the bank directly or
through some middleman? Give details

5. Has there been any conflict over entry to and discrimination at Bank? Narrate the
episode

258
2.8D Shopping:
A General

1. Where do you buy the groceries?

2. Where is this shop located?

3. Are you allowed to touch items and choose or should you have to show with a
hand or a small-stick while purchasing things in the shop? Y/N
4. Where do you sell the products you produce?

5. Are you compelled to sell only dry items such as dry fish? Y/N
6. Does the shop-keeper collect the money directly from you or does he ask you to
keep money or items you bought on floor? Y/N
7. Should you stand outside the shop and buy? Y/N
8. Is there a separate tray kept for your community? Y/N
9. How do you react to these practices?

10. Has there been any conflict over entry to and discrimination at shops? Y/N
Narrate the episode

B PDS shops:

1. Do you buy groceries in PDS shop? Y/N

2. Are you prohibited from entering the PDS shop? Y/N
3. Are there Separate queues for your community? Y/N
4. Should you stand carefully without touching the belongings of other castes? Y/N
5. Is there separate time for your community? Y/N
6. Does the Dealer touch you and people of your community while giving
provisions? Y/N
7. How do you react to discriminatory practices?

8. Has there been any conflict over entry to and discrimination at PDS shops? Y/N
Narrate the episode

259
 2.9 Health Services:

1. Where do you go for treatment in case of ill health (general ailments)?

2. If there is a Primary Health Centre/Govt hospital, are you given treatment there?
Y/N
3. Do you have to stand in separate queue? Y/N
4. Do the doctor and other staff touch you when you go for treatment? Y/N
5. If No, how do you react to such a practice?

6. Does the health worker visit your locality? Y/N

7. Does he/she instruct you to visit the main village for treatment? Y/N
8. If there is no Govt hospital, do you visit a private medical practitioner? Y/N
9. If yes,
(a) his/her Caste:
(b) Location of the clinic:
(c) Does he/she touch you while treating? Y/N

10. Has there been any conflict over entry to and discrimination at hospitals? Y/N
Narrate the episode

2.10 Laundry:
1. Do you wash your clothes? Y/N
2. Does the village DHOBI/Washerman deny laundry services to your community?
Y/N
3. Do you take your clothes to dhobi ghat (place of washing clothes) and wash your
clothes at lower level of the stream and wait till the dobhi washes? Y/N
4. Do the laundry shop owners deny ironing your clothes? Y/N
5. In case if they render service, do they take grains as paid by the other
communities as service charges? Y/N
6. If there is denial of service, how do you react?

7. Has there been any conflict over entry to and discrimination at Laundry shops?
Y/N Narrate the episode

260
2.11 Barber:

1. Where do you go for hair cuts?

2. Are you denied hair cutting services? Y/N
3. If the village barber is providing hair cutting services to you, is he allowed to
provide to other castes? Y/N
4. Does the barber use separate instruments for your caste people? Y/N
5. In case of Hair cutting saloons, are you allowed into the shops? Y/N
6. If yes,
(a) Do they use separate instruments? Y/N
(b) Are you denied the service at home as being given to dominant castes?
Y/N
(c) Is the Person who services other castes allowed to serve you? Y/N
(d) In case if the barber renders service to you in your locality, does he purify
himself immediately after returning home? Y/N
7. How do you react to these practices?

8. Has there been any conflict over entry to and discrimination at barber shops? Y/N
Narrate the episode

2.12 Tailoring:

1. Where do you get your clothes stitched?

2. If from the Tailor in the same village,

(a) Caste of the tailor:
(b) Does he/she touch you while taking measurements or take measurements
from distance? Y/N
(c) Should you take measurement from home? Y/N
(d) Does he/she extend the Darning services as he/she does for other castes?
Y/N
(e) How do you react to these practices?

3. Has there been any conflict over entry to and discrimination at Tailoring shops?
Y/N Narrate the episode

261
2.13 Potter and Carpenter:
1. Do you buy the pots from the local potter? Y/N
2. Does he allow you to touch the pots? Y/N
3. Does he touch you while giving the pots and collecting the cash? Y/N
4. Does the village carpenter do work for you? Y/N
5. Does the carpenter come to your locality or should you go to him? Y/N
6. Does he touch you during the transaction? Y/N
7. How do you react?

8. Has there been any conflict over access to and discrimination by Potters and
Carpenters? Y/N Narrate the episode

2.14 Public Transport System:

1. How often do you travel out of your village and for what purposes?

2. What is the means of transportation?

3. Are you prohibited from entering the buses? Y/N
4. If not,
(a) Should you board the bus only after the other castes finish their turn? Y/N
(b) Should you occupy only the backseats? Y/N
(c) Do you sit besides a person from other castes? Y/N
(d) Should you offer seats to people of other castes? Y/N
(e) How do you react to these practices?

5. Has there been any conflict over entry to and discrimination at Public
Transportation System? Y/N Narrate the episode

262
2.15 Milk Dairies:
1. Do you buy or sell milk? Y/N Give details
2. If buying from or selling to Milk dairy,
(a) Should you stand in separate queues? Y/N
(b) Should you sell or buy only after the other castes finish their turn? Y/N
(c) Do the dairy staff touch you and your vessels? Y/N
(d) Is there any discrimination in the prices for you and for other castes? Y/N
(e) Are there delays and discrimination in payment of bills? Y/N
(f) How do you react to such practices?

3. Has there been any conflict over entry to and discrimination at Milk Dairies? Y/N
Narrate the episode

263
SECTION 3: Cultural Life

3.1 Religious Functions and Ceremonies:

1. Name the important festivals you celebrate at home?

2. Do you go to temples on these days? Y/N

3. Do you have any separate deity or god or temple for your family and community?
Y/N

4. Are you prohibited from entering the temples in your village? Y/N

5. If not prohibited, are you allowed to sit in the temple? Y/N

6. How do you react to the issue of temple entry? Y/N

7. Has there been any conflict over Temple entry? Y/N

Narrate the episode

8. Do you take part in the activities of the village temples? Y/N

9. Name the roles that you perform?
(a) Drum beating
(b) Harbingers of information
©
(d)
10. Do you perform these activities voluntarily or is it mandatory on your part to do
so? Y/N
11. If you are forced to perform these activities, how do you react?

12. Who acts as the Purohit while performing marriages in your families?

13. Does the village Purohit (Brahmin) perform marriage rituals, naming ceremonies,
death rituals, house warming, in your families? Y/N
14. Where do you bury the dead in your families?
(a) Village graveyard
(b) Segregated graveyard for Dalits
(c) Own lands
15. Are you prohibited from burying the dead in the village graveyard? Y/N
16. If Yes, How do you react to this practice?

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 17. Has there been any conflict over access to village burial grounds? Y/N
Narrate the episode

3.2 Organising Processions:

3.2A Religious:

1. Do religious precessions of deities of other caste people enter your localities? Y/N
2. If Yes, do you offer pooja and break coconut? Y/N
If no, what are the reasons? Is there a restriction? Y/N
3. Do you take religious precessions of your deities into other areas? Y/N
If No, is there a restriction? Y/N

4. How do you react to such practices?

5. Has there been any conflict over religious precessions in your village? Y/N Narrate
the episode

3.2B Marriage:
1. Are you allowed to take marriage processions in the vicinity of other castes? Y/N
2. If allowed
(a) are you allowed to beat drums? Y/N
(b) should the bride and groom be on foot in other castes' vicinity? Y/N

4. Is it mandatory to seek the blessings of other castes in marriages? Y/N

5. If yes, Name the castes?

6. Is it a practice/ compulsion to Collect Nuptial Knot (Mangalsuthra or Thaali)

from other castes in marriages? Y/N

7. If yes, Name the castes?

8. Has there been any conflict over marriage processions? Y/N Narrate the episode

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3.2C Funeral Procession:

1. Do you take funeral procession? Y/N

2. Are you allowed to take funeral procession through the other caste dwelling
areas? Y/N
3. If not allowed, how do you react?

4. Has there been any conflict over funeral processions? Y/N Narrate the episode

3.3 Clothing:

21. When do you wear new clothes?

22. Is there a difference in the clothes you wear and the clothes the other castes wear?
Y/N
23. If Yes, is it incidental or is there a restriction on the clothing patterns of Dalits?
Y/N
24. Are you allowed to wear clean and washed clothes? Y/N
25. Is there a restriction on wearing neat and clean clothes while traversing in other
caste localities? Y/N
26. If there is a restriction on clothing, how do you react?

27. Has there been any conflict over restrictions on Clothing? Y/N
Narrate the episode

3.4 Addressing by caste name:

1. Are you addressed by the name of your caste? Y/N

2. If Yes, who address you?
3. How do you react to such practice?

4. Has there been any conflict over addressing a dalit by caste name? Y/N Narrate
the episode

5. Have there been any attacks on your localities by the people of other castes? Y/N
Give details

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3.5 Women and Untouchability:

1. Should a woman from your community walk at a distance when she encounters
someone from other castes? Y/N

2. Should women from your community wear their sarees above their knees and
cover their head whenever they find non-dalits walking in the way? Y/N

3. Are dalits women allowed to wear blouses? Y/N

4. Are dalits women allowed to wear jewellery? Y/N

5. If there is a bar on wearing jewellery and specified clothes, how do you react?

6. Are there instance of attacks on the women of your community? Y/N Give details

7. How did you react and negotiate?

8. Has there been any conflict over restrictions on what dalit women do and wear?
Y/N Narrate the episode

SECTION 4: Educational Life

4.1 School life:

1. Do your children go to school? Y/N
2. If yes, why do they go to school?

3. If No, give reasons:

4. Is it a Private School or a Govt School?

5. Are they restricted from attending the school? Y/N
6. Are your children asked to sit together with children of other castes or is there a
separate seating arrangement for children of your community? Y/N
7. Are your children asked to sit at backside? Y/N
8. Are they allowed to take food with other children? Y/N
9. Is mid-day meal served to your children? Y/N
10. Is there a separate queue for students of your caste? Y/N
11. Are they addressed by caste names? Y/N Give details
12. Is there a Teacher belonging to your caste? Y/N
13. If yes, where does he/she reside?

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14. Is he/she prohibited from residing in the main village? Y/N
15. Are there instances of the School refusing admission to children from your
community? Y/N Give details

16. Do the teachers practice discrimination against your children in providing

facilities, evaluation and declaring results? Y/N
17. How do you react to these practices?

16. Has there been any conflict over entry to and discrimination at Schools? Y/N
Narrate the episode

4.2 Early Childhood Care and Education Centre/Balawadi/Anganawadi:

1. Is there Early Child Care and Education Centre (balawadi/anganawadi) in the
village? Y/N
2. If yes,
(a) its location:
(b) Caste of the Personnel in-charge:
(c) Whether it functions everyday? Y/N
(d) Are your children enrolled? Y/N
(e) Are your children denied an entry? Y/N
(f) Is there a separate seating arrangement for your children? Y/N
(g) Is there discrimination against your children in providing facilities? Y/N
(h) Does the person in-charge touch your children? Y/N
(i) How do you react to these practices?

3. Has there been any conflict over entry to and discrimination at ECCE Centre? Y/N
Narrate the episode

4.3 Library:

1. Is there a public library in the village? Y/N

2. Do you visit the village library? Y/N Give reasons

3. Caste background of the librarian: ……………….

4. Are you prohibited from entering the library? Y/N

268
 5. Is there a separate seating arrangement for your caste? Y/N
6. If yes, how do you react?

7. Has there been any conflict over entry to and discrimination at Library?
Y/N Narrate the episode

4.4 Extension-Education Centre:

1. Does the Village have Extension Education Centre? Y/N

2. If Yes,
(a) its location:
(b) Caste of the Personnel in-charge:
(c) Whether it functions everyday? Y/N
(d) Do you visit the Centre? Y/N
(e) What do you do there?
(f) Does the person in-charge talk to you? Y/N
(g) Does the person in-charge allow you to touch the books and other
material? Y/N
(h) If not is there a prohibition on your entry? Y/N
(i) Is there a separate seating arrangement for Dalits? Y/N
(j) How do you react to such practices?

3. Has there been any conflict over entry to and discrimination at Extension
Education Centres? Y/N Narrate the episode

SECTION 5: Economic Life

5.1 Forced Services:

1. Which are the services that you and people from your caste perform?
(a) Drum beating for funerals and festivals/jataras.
(b) Grave digging
© Cremation
(d) Harbtrrgers death news
(e) Chappal Making
(f) Removal of carcass
(g) Anima! Sacrifice
(h) Sweeping the whole village at the time of festivals and jataras
(i) Scavenging

269
 2. Are you being forced to offer any of these services? Y/N
3. How do you react to the events of forced services?

4. Has there been any conflict over the issue of Forced Services? Y/N Narrate the
episode

5.2 Discrimination in Wages:

1. What is the mode of payment of wages? Money/ Grains/ Both

2. Do you think you get the same wages that workers from other castes get? Y/N
3. If no, how do you react?

4. Is there a restriction on you to participate in a specific wage work? Y/N

5. Do you think the Lease rates and conditions differ for Dalit tenants and Non-
Dalit tenants? Y/N
6. Is there discrimination in Payment of wages? Y/N
7. What is the nature of work assigned to Dalit agricultural wage labourers in
comparison with the tasks performed by non-dalit counterparts?
8. While paying the wages, does your employer keep money on the floor or throw
into your hands to avoid touch? Y/N
9. While giving grains, does your employer avoid Physical contact? Y/N Narrate

10. How do you react to these practices?

11. Has there been any conflict over Wage discrimination? Y/N Narrate the episode

5.3 Discrimination at workplace:

1. Should you stand outside the field until other castes finish ritual performance in
the beginning of agricultural activity? Y/N
2. Are you allowed to enter into the fields only after non-dalits? Y/N
3. Are you allowed to take water from wells and pots? Y/N
4. Should you carry drinking water to the working place? Y/N
5. Should you keep your lunch box separately? Y/N
6. Should you sit separately while taking lunch? Y/N
7. Should you not touch the vessels if the non-Dalit employer provides lunch? Y/N

270
 8. How do you react to these practices?

9. Has there been any conflict over discrimination at workplaces? Y/N Narrate the
episode

5.4 Discrimination in Irrigation facilities:

13. Source of Public Irrigation, its location and control:

14. Whether you and other farmers from your caste have access to public source of
irrigation? Y/N
15. Are you supposed to take permission for utilising the water? Y/N
16. Are you expected to irrigate only after the other castes finish their turn? Y/N

17. If you are prevented from irrigating, how do you react?

18. Has there been any conflict over entry to and discrimination in using Irrigation
facilities? Y/N Narrate the episode

5.5 Traditional maid Service:

1. Is there any Dalit daya/maid working in other caste houses? Y/N

2. Are there differentials in the wages offered to a dalit daya and a non-dalit daya?
Y/N
3. Is the maid allowed entry into house? Y/N
4. If yes, is she (maid) allowed to take bath after labour service? Y/N
5. Is a non-Dalit daya allowed to take bath after labour service? Y/N
6. Is the Dalit daya supposed to sit outside with curtains around and help in
delivery? Y/N
7. Does a Non-Dalit daya serve labour service to the Dalit? Y/N
8. If yes,
(a) Does she take bath in daalit house after the service? Y/N

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 (b) Does she take the saree they offer? Y/N
(c) Does she bathe the baby? Y/N

SECTION 6: Political Life

6.1 Exercising Rights

15. Do you have the freedom and liberty to participate in the political activities of the
Village? Y/N Give Details

16. Are you being prevented from entering the Village Panchayat Office? Y/N
17. Are you being prevented from contesting in elections? Y/N

18. Are you being prevented from exercising your right to vote? Y/N

19. Are you being pressurized to vote for a non-dalit? Y/N

20. Are you being compelled to vote only after the other castes finish their turn? Y/N

21. Do you stand in separate, segregated queues at the poling booths? Y/N

22. Are you free (allowed to) hoist the party flag of your choice? Y/N

23. How do you react to these practices?

24. Has there been any conflict over entry to and discrimination at Village Panchayat?
Y/N Narrate the episode

6.2 Panchayath meetings:

1. Are you given segregated seating arrangement in the meetings of the Village
panchayath? Y/N

2. Are Dalit representatives served food and drinks in segregated vessels? Y/N

3. If the President or the chief/deputy chief of the Panchayath is a Dalit,

(f) Is he/she being prevented from taking his/her seat? Y/N

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 (g) Are his/her decisions being neglected? Y/N
(h) Is he/she being prevented from using the telephone meant for the use of the
president/vice-president? Y/N
(i) Is he/she being addressed by the tag/name of the caste? Y/N
(j) Is he/she being invited to be the president of all official functions within the
jurisdiction of the village panchayath? Y/N

4. Are there any instances of conflicts between Dalit and non-dalit members of the
Panchayath? Y/N Give details

5. What are the facilities and schemes meant for the Dalits?

6. Is there any discrimination against dalits in extending schemes meant for them?
Y/N
7. How do you react to these practices?

6.3 Village Council meetings:

1. Do you participate in the meetings of the Grama Sabha (VillageCouncil)? Y/N

2. Are you being prohibited from participating in the meetings of the Grama Sabha
(Village Council)? Y/N

3. Is there a separate seating arrangement for your caste people? Y/N

4. Do others prevent you from expressing your view points in the Council meetings?
Y/N

5. Are you addressed by your caste name? Y/N

6. How do you react to these practices?

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 7. Has there been any conflict over entry to and discrimination at Village Council
meetings? Y/N Narrate the episode

6.4 Other meetings:

SHGs
1. Is anyone from your family a member of any SHG? Y/N Give details

2. Is there a segregation of seating arrangements in SHG meetings? Y/N

3. Are dalit members prevented from participating in the meetings? Y/N
4. Are dalit members prevented from expressing their view points in the meetings? Y/N
5. Do SHGs arrange their meetings in your localities? Y/N
5. If no, is there a prohibition on organizing such meetings in Dalit wada? Y/N
6. Do members from all castes attend the SHG meetings? Y/N
7. Do upper caste members join dalit groups? Y/N
8. Are dalits allowed to join upper caste? Y/N
9. How do you react to these practices?

10. Has there been any conflict over entry to and discrimination at SHG Meetings? Y/N
Narrate the episode

Section 7: Facilities availed

Provide details of the benefits derived by your family under various schemes and
any deprivation and exploitation inflicted upon you:

Section 8: Awareness

1. Are you aware of the legislations for the elimination of the practice of
untouchability? Y/N

2. If Yes, how did this awareness come about?

3. If not, would you like to be aware of the legislations? Y/N

274
4. Do you think legal intervention can help remove the practice of untouchability?
Y/N Explain

5. Do you see any decline in the practice of untouchability over years? Y/N
6. If yes, what according to you are the reasons for this?

7. If no, what could be the reasons?

8. Would you like to suggest any ways and methods to remove the practice of
untouchability?

275
 Annexure I e
MODEL QUESTIONNARES FOR VICTIMES

“Evaluation of the working of the Protection of Civil Rights Act, 1955 and its
impact on the abolition of Untouchability”
(Project undertaken by NLSIU and sponsored by Ministry of Social Justice and
Empowerment)
Information collected through this questionnaire shall be strictly confidential and will not
be used for any other purpose than that of the present research

Name :
Category : (SC/ST/OBC/Others)
If not Hindu specify Religion:
Education: (Primary/Secondary/Higher
Secondary/College/illiterate/literate without
education)

Occupation:

Address:

For Victims:

1. Is untouchability practiced in you village/town?

2. What are the other forms of untouchabilities in your village?

a. Are the Dalits in this village allowed to enter the temple? (Yes/No)
b. Is there common access to water facility or separate? (Yes/No)
c. Is there free access to shops, restaurants, public conveyance, school, hospital
etc? (Yes/No)
d. Is there any other form of untouchability practiced in this village? (Yes/No)
e. Has there been any communal violence in your locality in the recent past?
(Yes/No)

276
3. What is the name of perpetrator in your case?

4. What is the caste of the perpetrator?

5. What was the charge against him?

6. Did you know him before the incident? (Yes/No)

7. What is the nature of that relation?

8. What was your reaction to the offence and why?

9. Where did you file the case?

10. How far is this Station from your house?

11. Did they register it in the first instance? (Yes/No)

12. Did any one try for a compromise? (Yes/No)

13. If Yes, who?

14. Was there an involvement of Dalit leaders in this? (Yes/No)

15. Are you aware of the Act under which the charge is registered? (Yes/No)

277
16. If yes, what is the name of the Act?

17. Did you know about the Act before this incident? (Yes/No)

18. If yes, how did you know?

19. Did you face any threat after filing complaint? (Yes/No)

20. If yes, what kind of threat?

21. When did the court take up the issue?

22. How far is this court from your house?

23. Did they pay any TA? (Yes/No)

24. How long did it take to decide the case?

25. What was the punishment given?

26. Did you get any compensation? (Yes/No)

27. Was there any fine imposed on the perpetrator? (Yes/No)

278
28. If yes, what is the amount?

29. Was the public prosecutor sympathetic to your cause? (Yes/No)

30. Who was the judge?

31. What was the caste of the Judge?

32. After the disposal of case did you face any hardships in the village because of the
same? (Yes/No)

33. Were there any such incidents in the village other than this? (Yes/No)

34. Were the villagers especially Gram Panchayaths cooperative in your cause?
(Yes/No)

35. Is the village dominated by the untouchables? (Yes/No)

36. How was the approach of the political parties to the issue?

37. Which is the dominant party in your village?

38. What are your suggestions for eradication of Untouchability?

279
39. Do you think that we can overcome this problem?

40. Do you think that SCs can live in harmony with other castes?

41. If so how?

42. Do you practice untouchability among yourselves?

280
 Annexure I f
MODEL QUESTIONNARES FOR DALIT LEADERS

“Evaluation of the working of the Protection of Civil Rights Act, 1955 and its
impact on the abolition of Untouchability”
(Project undertaken by NLSIU and sponsored by Ministry of Social Justice and
Empowerment)
Information collected through this questionnaire shall be strictly confidential and will not
be used for any other purpose than that of the present research

Name of the Respondent:

Category: (SC/ST/OBC/Others)

If not Hindu Specify Religion:

Name of the Organization:

Address:

1. What is your perception of untouchability in your village?

2. How many forms of untouchability are practiced in your village? What are they:

a. Are the Dalits in this village allowed to enter the temple? (Yes/No)
b. Is there common access to water facility or separate? (Yes/No)
c. Is there free access to shops, restaurants, public conveyance, school, hospital
etc? (Yes/No)
d. Is there any other form of untouchability practiced in this village? (Yes/No)
e. Has there been any communal violence in your locality in the recent past?
(Yes/No)

3. Is there an economic dependency between the perpetrator and the victim?

(Yes/No)

281
4. If yes what is the nature?

5. Have you read PCRA? (Yes/No)

6. What is you feedback on it?

7. Are you aware of the provisions of PCRA? (Yes/No)

8. Do you have a copy of the PCRA at you office? (Yes/No)

9. Have you received any training in administering PCRA? (Yes/No)

10. Have you approached the police with regard to any PCRA offences? (Yes/No)

11. Are the officers sympathetic towards the complainant when there is a complaint?
(Yes/No)

12. Are all the complaints registered in the first instance? (Yes/No)

13. Do you try for a compromise without registering the case? (Yes/No)

14. If so,why?

15. What is the caste and economic status of the perpetrator in most of the cases?
(SC/ST/OBC/Others)

16. Have you come across the instance of social boycott? (Yes/No)

282
17. If yes explain

18. Do you think that the situation would be different if the SCs are politically
organized/economically empowered? (Yes/No)

19. Are these complaints genuine? (Yes/No)

20. Is there any positive role of the Dalit organizations in lodging the complaints?
(Yes/No)

21. What are the other measures undertaken by your organization for eradication of
untouchability?

22. Are you receiving Government grants for the same? (Yes/No)

23. If yes, is it adequate? (Yes/No)

24. Which court takes up the registered cases from your locality?

25. How far is it from your village?

26. How do you commute?

27. Are the Public Prosecutors doing a sincere job with regard to PCRA cases?
(Yes/No)

28. Are the victims forthcoming with regard to enforcement of their rights under
PCRA? (Yes/No)

29. How do the witnesses respond to the trial?

283
30. Do they turn hostile in the meanwhile? (Yes/No)

31. If yes how often?

32. What are the reasons for the same?

33. How often does a case result in conviction?

34. Was any compensation paid to the victims? (Yes/No)

35. If yes, what is the maximum amount?

36. Was a fine imposed on the accused? (Yes/No)

37. If yes, what is the maximum amount?

38. Do you think that the PCRA is properly implemented? (Yes/No)

39. Are you of opinion that there is a need for a comprehensive legislation to address
the issue of Dalits in place of PCRA and POA? (Yes/No)

40. Suggest changes if any in PCRA?

284
 Annexure I g
MODEL QUESTIONNAIRES DEPUTY DIRECTORS OF PUBLIC
PROSECUTION/SPECIAL PUBLIC PROSECUTORS

“Evaluation of the working of the Protection of Civil Rights Act, 1955 and its
impact on the abolition of Untouchability”
(Project undertaken by NLSIU and sponsored by Ministry of Social Justice and
Empowerment)
Information collected through this questionnaire shall be strictly confidential and will not
be used for any other purpose than that of the present research

Name :
Designation:
Category : (SC/ST/OBC/Others)
If not Hindu specify Religion:
Address:

1. Do you perceive any forms of untouchability within your jurisdiction?

2. What are the common practices of untouchability in this place?

3. What is the total number of cases you hear on PCRA a year?

4. Has the enactment of the POA Act had any negative effect on the above?
(Yes/No)

5. What is the nature of crimes tried under PCRA?

6. What is the average time taken in disposal of cases at courts?

7. What is the percentage of cases resulting in conviction?

8. Do the cases end in compounding? (Yes/No)

285
9. If yes why?

10. Do the witnesses turn hostile resulting in acquittal of the accused? (Yes/No)

11. What is the nature of victims and perpetrators? (Do they have any personal
relations?) (Yes/No)

12. Is there a need for strong perjury laws to deal with this situation? (Yes/No)

13. If the provisions of IPC are invoked with regard to a PCR offence how will it
reflect on the conviction and punishment?

14. What is the punishment given under PCRA?

15. Has S.8 of the Act pertaining to cancellation or suspension of licenses been
invoked as additional punishment? (Yes/No)

16. Was it possible, given the fact situation, to prosecute under the SC/ST (Prevention
of Atrocities) Act? (Yes/No)

17. Have S. 9 pertaining to resumption/suspension of grants by government and S.

10A dealing with collective fine, granting penal powers to the Government been
invoked ever? (Yes/No)

18. If yes explain the situations

19. Has there been any trial or conviction of a public servant for neglecting the
investigation of any offence under the Act under S. 10? (Yes/No)

286
20. Did the case result in acquittal or conviction? (A/C)

21. If conviction, what was the punishment?

22. Was any compensation paid to the victims? (Yes/No)

23. Was a fine imposed on the accused? (Yes/No)

24. Are there any private complaints by the victims? (Yes/No)

25. If the accused is convicted, apart from the punishment imposed is there a need to
reimburse the fine from the convict?

26. Are you of the opinion that there is a need for a comprehensive criminal
legislation to address the issue of Dalits in place of PCRA and POA? (Yes/No)

27. Is Yes, give reasons:

28. Do you think that the practice of untouchability has decreased over years? Y/N

29. Do you think that the practice of untouchability could be annihilated through legal
interventions? Y/N Explain

30. Do you think PCRA has failed in enabling abolition of the practice of
untouchability? Y/N Explain

31. Why do not people file cases under PCRA?

32. Do you think PCRA has become redundant? Y/N

Explain

287
33. Do you think that the existing sentences under PCRA are adequate? Y/N Explain

34. Do you think that new sentences should be added under PCRA? Y/N Elaborate

35. Do you think Civil Remedy is desired to strengthen PCRA? Y/N Give reasons for
your answer

36. Do you suggest any changes to PCRA?

288
 Annexure I h
MODEL QUESTIONNARES FOR JUDGES

“Evaluation of the working of the Protection of Civil Rights Act, 1955 and its
impact on the abolition of Untouchability”
(Project undertaken by NLSIU and sponsored by Ministry of Social Justice and
Empowerment)
Information collected through this questionnaire shall be strictly confidential and
will not be used for any other purpose than that of the present research

Name :
Designation:
Category : (SC/ST/OBC/Others)
If not Hindu specify Religion:
Address:

1. Do you perceive any forms of untouchability within your jurisdiction?

2. What are the common practices of untouchability in this place?

3. What is the total number of cases you hear on PCRA a year?

4. Has the enactment of the POA Act had any negative effect on the above?
(Yes/No)

5. What is the nature of crimes tried under PCRA?

6. What is the average time taken in disposal of cases at courts?

7. What is the percentage of cases resulting in conviction?

8. Do the cases end in compounding? (Yes/No)

289
9. If yes why?

10. Do the witnesses turn hostile resulting in acquittal of the accused? (Yes/No)

11. What is the nature of victims and perpetrators? (Do they have any personal
relations?) (Yes/No)

12. Is there a need for strong perjury laws to deal with this situation? (Yes/No)

13. If the provisions of IPC are invoked with regard to a PCR offence how will it
reflect on the conviction and punishment?

14. What is the punishment given under PCRA?

15. Has S.8 of the Act pertaining to cancellation or suspension of licenses been
invoked as additional punishment? (Yes/No)

16. Was it possible, given the fact situation, to prosecute under the SC/ST (Prevention
of Atrocities) Act? (Yes/No)

17. Have S. 9 pertaining to resumption/suspension of grants by government and S.

10A dealing with collective fine, granting penal powers to the Government been
invoked ever? (Yes/No)

18. If yes explain the situations

19. Has there been any trial or conviction of a public servant for neglecting the
investigation of any offence under the Act under S. 10? (Yes/No)

20. Did the case result in acquittal or conviction? (A/C)

290
21. If conviction, what was the punishment?

22. Was any compensation paid to the victims? (Yes/No)

23. Was a fine imposed on the accused? (Yes/No)

24. Are there any private complaints by the victims? (Yes/No)

25. If the accused is convicted, apart from the punishment imposed is there a need to
reimburse the fine from the convict?

26. Are you of the opinion that there is a need for a comprehensive criminal
legislation to address the issue of Dalits in place of PCRA and POA? (Yes/No)

27. Do you think that the practice of untouchability has decreased over years? Y/N

28. Do you think that the practice of untouchability could be annihilated through legal
interventions? Y/N Explain

29. Do you think PCRA has failed in enabling abolition of the practice of
untouchability? Y/N Explain

30. Why do not people file cases under PCRA?

31. Do you think PCRA has become redundant? Y/N

Explain

32. Do you think that the existing sentences under PCRA are adequate? Y/N Explain

291
33. Do you think that new sentences should be added under PCRA? Y/N Elaborate

34. Do you think Civil Remedy is desired to strengthen PCRA? Y/N Give reasons for
your answer

35. Do you suggest any changes to PCRA?

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 Annexure I i

MODEL QUESTIONNARES FOR POLICE

“Evaluation of the working of the Protection of Civil Rights Act, 1955 and its
impact on the abolition of Untouchability”
(Project undertaken by NLSIU and sponsored by Ministry of Social Justice and
Empowerment)
Information collected through this questionnaire shall be strictly confidential and
will not be used for any other purpose than that of the present research

Name :
Designation:
Category : (SC/ST/OBC/Others)
If not Hindu specify Religion:
Address:

1. What is your perception of untouchability in your jurisdiction?

2. What are the practices of untouchability commonly found?

3. Are you aware of the provisions of PCRA? (Yes/No)

4. Do you have a copy of the PCRA in your office? (Yes/No)

5. Have you received any training in administering PCRA? (Yes/No)

6. Are all the complaints registered in the first instance? (Yes/No)

7. Do you try for a compromise without registering the case? (Yes/No)

8. If yes why?

9. What is the nature of complaints received by you?

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 10. What is the caste and economic status of the perpetrator in most of the cases?
(SC/ST/OBC/Others)

11. Is there a misuse of this Act? (Yes/No)

12. If yes then what is the nature and why?

13. Is there any positive role of the Dalit organizations in lodging the complaints?
(Yes/No)

14. Are non-SCs involved in registration of cases in any capacity?

15. Do you think that the situation would be different if the SCs are politically
organized? (Yes/No)

16. If so why?

17. Do you think that the PCRA is properly implemented? (Yes/No)

18. Are you of opinion that there is a need for a comprehensive legislation to address
the issue of Dalits in place of PCRA and POA? (Yes/No)

19. If so why?

20. Suggest changes if any in PCRA?

Sub Questions:

a. How far is this police station located from the Dalit households?

294
b. How do they reach this station?

c. How many police men do you have in this station?

d. What are their respective ranks?

e. What other infrastructure do you have here?

f. What is the annual registration of the offences under the PCRA?

g. How many charge-sheets are filed in last year under the Act?

h. What is the average time taken for disposal of each case?

i. What is the percentage of cases resulting in conviction/acquittal/compounding/is

pending?

g. What is the rate of registration of offences and conviction under the POAA? How does
it compare with the PCRA?

h. Are the officers sympathetic towards the complainant when there is a complaint?
(Yes/No)

i. What is the punishment given?

i. Do you feel that it was adequate?

j. Did S.8 of the Act pertaining to cancellation or suspension of licences was invoked as
additional punishment?

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k. Have Ss. 9 pertaining to resumption/suspension of grants by government and 10A
dealing with collective fine, granting penal powers to the Government been
invoked ever?

l. What measures have been taken by the states under S. 15A (Duties of the State
Government-legal aid, supervision, special courts, committees, periodic survey,
identification of untouchability prone areas, tabling the annual reports) of the Act?

m. Explain

n. Has there been any trial or conviction of a public servant for neglecting the
investigation of any offence under the Act under s. 10? (Yes/No)

o. If yes explain.

p. Was any compensation paid to the victims? Was a fine imposed on the accused?

q. Are there the adequate number of special courts in your state under PCRA?

r. Do you have any suggestions to improve this situation?

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 ANNEXURE II A

THE PROTECTION OF CIVIL RIGHTS ACT, 1955

An Act to prescribe punishment for the preaching and practice of “Untouchability” for
the enforcement of any disability arising therefore and for matters connected
therewith.

Short title, extent and commencement

Be it enacted by Parliament in the Sixth Year of the Republic of India as follows:-

1 (1) This Act may be called (the Protection of Civil Rights Act),1955.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government

may, by notifications in the Official Gazette appoint.

Definition

2. In this Act, unless the context otherwise requires:-

(a) ”Civil rights” means any right accruing to a person by reason of the abolition of
“untouchability” by article 17 of the Constitution;

(aa) “Hotel” includes a refreshment room, a boarding house, a lodging house, a

coffee house and a café;

(b) “Place” includes a house, building and other structure and premises; and also
includes a tent, vehicle and vessel;)

(c) “Place of public entertainment” includes any place to which the public are
admitted and in which an entertainment is provided or held.

Explanation -“Entertainment” includes any exhibition, performance, game, sport

and other form of amusement;

(d) “Place of public worship” means a place, by whatever name known, which is
used as a place of public religious worship or which is dedicated generally to, or is
used generally by, persons professing any religion or belonging to any religious
denomination or any section thereof, for the performance of any religious service, or
for offering prayers therein; and includes-

(i) All lands and subsidiary shrines appurtenant attached or to any such place;

297
 (ii) A privately owned place of worship which is, in fact, allowed by the owner
thereof to be used as a place of public worship, and

(iii) Such land or subsidiary shrine appurtenant to such privately owned place
of worship as is allowed by the owner thereof to be used as a place of public
religious worship;)

(da) “Prescribed” means prescribed by rules made under this Act;

(db) “Scheduled castes” has the meaning assigned to it in clause (24) of

article 366 of the Constitution;)

(e) “Shop” means any premises where goods are sold either wholesale or by
retail or both wholesale and by retail and includes-

(i) Any place from where goods are sold by a hawker or vendor or from a
mobile van or cart,

(ii) A laundry and a hair cutting saloon;

(iii) Any other place where services are rendered to customers.

Punishment for enforcing religious disabilities

3.Whoever on the ground of “untouchability” prevents any person-

(a) from entering any place of public worship which is open to other persons
professing the same religion or any section thereof, as such person; or

(b) from worshipping or offering prayers or performing any religious service in

any place of public worship, or bathing in or using the waters of, any sacred
tank, well, spring or water-course (river or lake or bathing at any ghat of such
tank, water-course, river or lake) in the same manner and to the same extent
as is permissible to other persons professing the same religion or any section
thereof, as such person;

shall be punishable with imprisonment for a term of not less than one month and not
more than six months and also with fine which shall be not less than one hundred
rupees and not more than five hundred rupee

Explanation- For the purpose of this section and section 4 persons

professing the buddhist, Sikh or Jain religion or persons professing the Hindu
religion in any of its forms or development including Virashaivas, Lingayats,
Adivasis, followers of Brahmo, Prarthana, Arya Samaj and the Swaminarayan
Sampraday shall be deemed to be Hindus.

Punishment for enforcing social disabilities

4. Whoever on the ground of “untouchability" enforces against any person any

disability with regard to-

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 (i) access to any shop, public restaurant, hotel or place of public
entertainment; or

(ii) the use of any utensils, and other articles kept in any public restaurant,
hotel, dharmshala, sarai or musafirkhana for the use of the general public
or of any section thereof; or

(iii) the practice of any profession or the carrying on of any occupation,

trade or business or employment in any job; or

(iv) the use of, or access to, any river, stream, spring, well, tank, cistern,
water-tap or other watering place, or any bathing ghat, burial or cremation
ground, any sanitary convenience, any road, or passage, or any other place
of public resort which other members of the public, or any section thereof,
have a right to use or have access to; or

(v) the use of, or access to, any place used for a charitable or a public
purpose maintained wholly or partly out of State funds or dedicated to the
use of the general public or any section thereof ; or

(vi) the enjoyment of any benefit under a charitable trust created for the
benefit of the general public or of any section thereof; or

(vii) the use of, or access to, any public conveyance; or

(viii) the construction, acquisition or occupation of any residential

premises in any locality, whatsoever; or

(ix) the use of any dharmshala, sarai or musafirkhana which is open to the
general public, or to any section thereof; or

(x) the observance of any social or religious custom, usage or ceremony or

taking part in, or taking out, any religious, social or cultural procession; or

(xi) the use of jewelry and finery;

shall be punishable with imprisonment for a term of not less than one month and
not more than six months and also with fine which shall be not less than one
hundred rupees and not more than five hundred rupees

Explanation- For the purposes of this section, “enforcement of any disability”

includes any discrimination on the ground of “untouchability”

Punishment for refusing to admit persons to hospital, etc.

5. Whoever on the ground of “untouchability”-

(a) refuses admission to any person to any hospital dispensary, educational

institution or any hostel, if such hospital, is plenary, educational institution
or hostel is established or maintained for the benefit of the general public
or any section thereof; or

299
 (b) does any act which discriminates against any such person after admission
to any of the aforesaid institution;

shall be punishable with imprisonment for a term of not less than one month and not

more than six months and also with fine which shall be not less than one hundred

rupees and not more than five hundred rupees

Punishment for refusing to sell goods or render services

6. Whoever on the ground of “untouchability” refuses to sell any goods or

refuses to render any service to any person at the same time and place and on the
same terms and conditions at or on which such goods are sold or services are
rendered to other persons in the ordinary course of business shall be punishable with
imprisonment for a term of not less than one month and not more than six months
and also with fine which shall be not less than one hundred rupees and not more
than five hundred rupees.

Punishment for other offence arising out of “untouchability”

7. (1) Whoever-

(a) prevents any person from exercising any right accruing to him by
reason of the abolition of “ untouchability” under article 17 of the
Constitution; or

(b) molests, injures, annoys, obstructs or causes or attempts to cause

obstruction to any person in the exercise of any such right or molests,
injures, annoys or boycotts any person by reason of his having exercised any
such right; or

(c) by words, either spoken or written, or by signs or by visible

representations or otherwise, incites or encourages any person or class of
persons or the public generally to practice “untouchability” in any form
whatsoever; or

(d) insults or attempts to insult, on the ground of “untouchability” a

member of a Scheduled Caste,

shall be punishable with imprisonment for a term of not less than one month and not
more than six months, and also with fine which shall be not less than one hundred
rupees and not more than five hundred rupees

Explanation-I A person shall be deemed to boycott another person who-

(a) refuses to let to such other person or refuses to permit such other person,
to use or occupy any house or land or refuses to deal with, work for hire for,
or do business with, such other person or to render to him or receive from
him any customary service, or refuses to do any of the said things on the

300
 terms on which such things would be commonly done in the ordinary course
of business; or

(b) abstains from such social, professional or business relations as he would

ordinarily maintain with such other person.

Explanation-II.- For the purpose of clause (c) a person shall be deemed to

incite or encourage the practice of “untouchability”-

(i) if he, directly or indirectly, preaches “untouchability” or its practice in any

form; or

(ii) if he justifies, whether on historical, philosophical or religious grounds or

on the ground of any tradition of the caste system or on any other ground,
the practice of “untouchability” in any form

(1A) Whoever commits any offence against the person or property of any

individual as a reprisal or revenge for his having exercised any right accruing

to him by reason of the abolition of “untouchability” under article 17 of the

constitution, shall, where the offence is punishable with imprisonment for a

term exceeding two years, be punishable with imprisonment for a term which

shall not be less than two years and also with fine.

(2) Whoever-

(i) denies to any person belonging to his community or any section

thereof any right or privilege to which such person would be entitled as

a member of such community or section, or

(ii) takes any part in the ex-communication of such person, on the

ground that such person has refused to practice “untouchability” or

that such person has done any act in furtherance of the objects of this

Act.

301
 shall be punishable with imprisonment for a terms of not less than one month and

not more than six months, and also with fine which shall be not less than one

hundred rupees and not more than five hundred rupees

Unlawful compulsory labour when to be deemed to be a practice of

untouchability.

7A. (1) Whoever compels any person, on the ground of “untouchability” to do

any scavenging or sweeping or to remove any carcass or to flay any animal
or to remove the umb ilical cord or to do any other job of a similar nature,
shall be deemed to have enforced a disability arising out of “untouchability”

(2) Whoever is deemed under sub-section (1) to have enforced a disability

arising out of “untouchability” shall be punishable with imprisonment for a
term which shall not be less than three months and not more than six months
and also with fine which shall not be less than one hundred rupees and not
more than five hundred rupees.

Explanation- For the purposes of this section, “compulsion” includes a threat of

social or economic boycott

Cancellation or suspension of licenses in certain cases

8. When a person who is convicted of an offence under section 6 holds any

license under any law for the time being in force in respect of any profession,
trade, calling or employment in relation to which the offence is committed, the
court trying the offence may, without prejudice to any other penalty to which
such person may be liable under that section, direct that the license shall stand
cancelled or be suspended for such period as the court may deem fit, and every
order of the court so canceling or suspending a license shall have effect as if it
had been passed by the authority competent to cancel or suspend the license
under any such law.

Explanation:- In this section, “license” includes a permit or a permission

Resumption or suspension of grants made by Government.

9. Where the manager or trustee of a place of public worship or any educational

institution or hostel which is in receipt of a grant of land or money from the
government is convicted of an offence under this Act and such conviction is not
reversed or quashed in any appeal or revision, the Government may, if in its opinion
the circumstances of the case warrant such a course, direct the suspension or
resumption of the whole or any part of such grant.

Abetment of offence.

10. Whoever abets any offence under this Act shall be punishable with the
punishment provided for the offence.

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Explanation:- A public servant who willfully neglects the investigation of any
offence punishable under this Act shall be deemed to have abetted an offence
punishable under this Act.

Power of State Government to impose collective fine.

10A (i) If, after an inquiry in the prescribed manner, the State Government is
satisfied that the inhabitants of an area are concerned in, or abetting the
commission of, any offence punishable under this Act, or harboring persons
concerned in the commission of such offence or failing to render all the
assistance in their power to discover or apprehend the offender or offenders or
suppressing material evidence of the commission of such offence, the State
Government may, by notification in the Official Gazette, impose a collective fine
on such inhabitants and apportion such fine amongst the inhabitants who are
liable collectively to pay it, and such apportionment shall be made according to
the State Government’s judgement of the respective means of such inhabitants
and in making any such apportionment the State Government may assign a
apportion of such fine to a Hindu undivided family to be payable by it:

Provided that the fine apportioned to an inhabitant shall not be realised until the
petition, if any, filed by him under sub-section(3) is disposed of.

(2) The notification made under sub-section(1) shall be proclaimed in the

area by beat of drum or in such other manner as the State Government may
think best in the circumstances to bring the imposition of the collective fine
to the notice of the inhabitants of the said area.

(3) (a) Any person aggrieved by the imposition of the collective fine under
sub-section(1) or by the order of apportionment, may, within the prescribed
period, file a petition before the State Government or such other authority as
that Government may specify in this behalf for being exempted from such fine
or for modification of the order of apportionment:

Provided that no fee shall be charged for filing such petition.

(b) The State Government or the authority specified by it shall, after giving
to the petitioner a reasonable opportunity of being heard, pass such order as
it may think fit:

Provided that the amount of the fine exempted or reduced under this section shall not
be realizable from any person, and the total fine imposed on the inhabitants of an
area under sub-section (1) shall be deemed to have been reduced to that extent.

(4) Notwithstanding anything contained in sub-section (3), the State

Government may exempt the victims of any offence punishable under this Act
or any person who does not, in its opinion, fall within the category of persons
specified in sub-section (1), from the liability to pay the collective fine
imposed under sub-section (1) or any portion thereof.

2 of 1974

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 (5) The portion of collective fine payable by any person (including a Hindu
undivided family) may be recovered in the manner provided by the Code of
Criminal Procedure, 1973 for the recovery of fines imposed by a Court as if
such portion were a fine imposed by a Magistrate.

Enhanced penalty on subsequent conviction

11. Whoever having already been convicted of an offence under this Act or of an
abetment of such offence is again convicted of any such offence or abetment,
shall, on conviction, be punishable-

(a) For the second offence, with imprisonment for a term of not less than
six months and not more than one year, and also with fine which shall not be
less than two hundred rupees and not more than five hundred rupees

(b) For the third offence or any offence subsequent to the third offence,
with imprisonment for a term of not less than one year and not more than
two years, and also with fine which shall be not less than five hundred rupees
and not more than one thousand rupees.

Presumption by courts in certain cases

12. Where any act constituting an offence under this Act is committed in relation
to a member of a Scheduled Caste the court shall presume, unless the
contrary is proved, that such act was committed on the ground of
“untouchability”.

Limitation of jurisdiction of civil courts.

13.(1) No civil court shall entertain or continue any suit or proceeding or shall
pass any decree or order or execute wholly or partially any decree or order if the
claim involved in such suit or proceeding or if the passing of such decree or
order or if such execution would in any way be contrary to the provisions of this
Act.

(2) No court shall, in adjudicating any matter or executing any decree or

order, recognise any custom or usage imposing any disability on any person on
the ground of “untouchability”

Offences by companies

14. (1) If the person committing an offence under this Act is a company,
every person who at the time the offence was committed was in-charge of, and
was responsible to, the company for the conduct of the business of the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly.

Provided that nothing contained in this sub-section shall render any such person
liable to any punishment, if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of
such offence.

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 (2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed with the consent of any director or
manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.

Explanation:- For the purposes of this section-

(a) “company” means any body, corporate and includes a firm or other
association of individuals; and

(b) “director” in relation to a firm means a partner in the firm.

Protection of action taken in good faith

(14A) (1) No suit, prosecution or other regal proceeding shall lie against the
Central Government or a State Government for anything which is in good
faith done or intended to be done under this Act.

(2) No suit or other legal proceeding shall lie against the Central
Government or a State Government for any damage caused or likely to be
caused by anything which is in good faith done or intended to be done
under this Act.

Offences to be cognizable and tribal summarily

15.

2 of 1974

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,

every offence punishable under this Act shall be cognizable and every such
offence, except where it is punishable with imprisonment for a minimum term
exceeding three months, may be tried summarily by a Judicial Magistrate of
the first class or in a metropolitan area by a Metropolitan Magistrate in
accordance with the procedure specified in the said code.

2 of 1974

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,

when any public servant is alleged to have committed the offence of
abetment of an offence punishable under this Act, while acting or purporting
to act in the discharge of his official duty, no court shall take cognizance of
such offence of abetment except with the previous sanction-

(a) of the Central Government, in the case of a person employed in

connection with the affairs of the Union; and

(b) of the State Government, in the case of a person employed in connection

with the affairs of a State.

305
Duty of State Government to ensure that the concerned persons may avail
of the rights accruing from the abolition of ‘Untouchability’

15A. (1) Subject to such rules as the Central Government may make in this behalf,
the State Government shall take such measures as may be necessary for
ensuring that the rights arising from the abolition of “untouchability” are
made available to, and are availed of by, the persons subjected to any
disability arising out of “untouchability”

(2) In particular, and without prejudice to the generality of the provisions of

sub-section (1), such measures may include-

(i) the provision of adequate facilities, including legal aid, to the

persons subjected to any disability arising out of
“untouchability” to enable them to avail themselves of such
rights;

(ii) the appointment of officers for initiating or exercising

supervision over prosecutions for the contravention of the
provisions of this Act;

(iii) the setting up of special courts for the trial of offences under
this Act;

(iv) the setting up of Committees at such appropriate levels as the

State Government may think fit to assist the State Government
in formulating or implementing such measures;

(v) provision for a periodic survey of the working of the provisions

of this Act with a view to suggesting measures for the better
implementation of the provisions of this Act.

(vi) the identification of the areas where persons are under any
disability arising out of “untouchability” and adoption of such
measures as would ensure the removal of such disability from
such areas.

3. The Central Government shall take such steps as may be necessary to

co-ordinate the measures taken by the State Governments under sub-section
(1).

4. The Central Government shall, every year, place on the Table of each
House of Parliament, a report on the measures taken by itself and by the
State Governments in pursuance of the provisions of this section

Act to override other laws.

16. Save as otherwise expressly provided in this Act, the provisions of this Act
shall have effect notwithstanding anything inconsistent therewith contained in any
other law for the time being in force, or any custom or usage or any instrument
having effect by virtue of any such law or any decree or order of any court or
other authority.

306
20 of 1958 Probation of Offenders Act, 1958 not to apply to persons above
age of fourteen years.

16A. The provisions of the Probation of Offenders Act, 1958, shall

not apply to any person above the age of fourteen years who is found guilty of
having committed any offence punishable under this Act.

Power to make rules

16B. (1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.

(2) Every rule made by the Central Government under this Act shall be laid,
as soon as may be after it is made, before each House of Parliament while it is
in session for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions, and if,
before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in
the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case
may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under the rule.)

Repeal

17. The enactment specified in the Schedule are hereby repealed to the extent to
which they or any of the provisions contained therein correspond or are repugnant to
this Act or to any of the provisions contained therein.

307
 THE SCHEDULE
(See section 17)
1. The Bihar Harijan (Removal of Civil Disabilities) Act, 1949 (Bihar Act XIX of
1949).

2. The Bombay Harijan (Removal of Social Disabilities) Act, 1946 (Bombay Act
X of 1974).

3. The Bombay Harijan Temple Entry Act, 1947 (Bombay Act XXXV of 1974).

4. The Central Provinces and Berar Scheduled Castes (Removal of Civil

Disabilities) Act, 1947 (Central Provinces and Berar Act XXIV of 1947).

5. The Central Provinces and Berar Temple Entry Authorisation Act, 1947
(Central Provinces and Berar Act XIII of 1947(.

6. The East Punjab (Removal of Religious and Social Disabilities) Act, 1948
(East Punjab Act XVI of 1948).

7. The Madras Removal of Civil Disabilities Act, 1938 (Madras Act XXI of 1938).

8. The Orissa Removal of Civil Disabilities Act, 1946 (Orissa Act XI of 1946).

9. The Orissa Temple Entry Authorisation Act, 1948 (Orissa Act XI of 1948).

10. The United Provinces Removal of Social Disabilities Act, 1947 (U.P. Act XIV of
1947).

11. The West Bengal Hindu Social Disabilities Removal Act, 1948 (West Bengal
Act XXXVII of 1948).

12. The Hyderabad Harijan Temple Entry Regulation, 1358F (No.LV of 1358F
Fasli).

13. The Hyderabad Harijan (removal of Social Disabilities) Regulation, 1358F

(No.LVI of 1358F Fasli).

14. The Madhya Bharat Harijan Ayogta Nivaran Vidhan, Samvat 2005 (Madhya
Bharat Act No.15 of 1949).

15. The Removal of Civil Disabilities Act, 1943 (Mysore Act XLII of 1943).

16. The Mysore Temple Entry Authorisation Act, 1948 (Mysore Act XIV of 1948).

17. The Saurashtra Harijan (Removal of Social Disabilities) Ordinance (No.XL of

1948).

18. The Travancore-Cochin Removal of Social Disabilities Act,1125 (Travancore-

Cochin Act VIII of 1125).

19. The Travancore-Cochin Temple Entry (Removal of Disabilities Act, 1950

(Travancore Cochin Act XXVII of 1950).

308
20. The Coorg Scheduled Castes (Removal of Civil and Social Disabilities) Act,
1949 (Coorg Act I of 1940).

21. The Coorg Temple Entry Authorisation Act, 1949 (Coorg Act II of 1949).

309
 Annexure II b
THE PROTECTION OF CIVIL RIGHTS

RULES, 1977

S.O. 3006-DATED 15TH September, 1977- In exercise of the powers

conferred by section 16-B of the Protection of Civil Rights Act,1955 (22 of 1955), the
Central Government hereby makes the following rules namely:-

1. Short title and commencement-

(1) These rules may be called the Protection of Civil Rights Rules,
1977.

(2) They shall come into force on the date of their publication in the
Official Gazette.

2. Definition-In these rules unless the context otherwise requires-

(a) ‘Act” means the Protection of Civil Rights Act, 1955 (22 of 1955);

(b) “Section” means a section of the Act.

3. Manner of Inquiry under sub-section (1) of Section 10-A.

(1) The State Government may appoint an officer not below the rank of a Sub-
divisional Magistrate for the purpose of making an inquiry referred to in sub-section
(1) of section 10-A.

(2) The Officer appointed under sub-rule (1) (hereinafter in this rule referred to
as the inquiry officer) shall issue public notice specifying the date, time, place and
the purpose of such inquiry and calling upon all the residents of the area in respect
of which the inquiry is to be held to furnish such information and materials including
documents in their possession, as may be relevant for the purposes of the enquiry,
or

(3) The public notice referred to in sub-rule (2) shall be in the local language or
languages of the area and the same shall be;-

(i) Published on the notice board in the offices of the District Magistrate,
the District Superintendent of Police, the Village Panchayat or
Municipal Committee of the area and such other places as the inquiry
officer deems fit and at least in one daily newspaper circulating in the
area; and

(ii) Proclaimed in the area by beat of drum or in such other manner as the
inquiry officer may think best in the circumstances to bring the

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 contents of the public notice to the notice of the inhabitants of the
area.

(4) The inquiry officer, while making such inquiry shall follow as nearly as
practicable, the procedure for summary trials including the recording of evidence as
laid down in Chapter XXI of Code of Criminal Procedure, 1973,2 of 1974).

(5) The inquiry officer shall complete the inquiry as expeditiously as possible and
submit his report to the State Government within such period, not exceeding six
weeks as may be specified by the State Government in the order appointing the
inquiry officer.

Provided that the State Government may having regard to the nature of the
inquiry, extend the period of submission of the report by such period not exceeding
two months in total as it may consider necessary.

4. Period for filing a petition under sub-section (3) of Section 10-A.

Any person aggrieved by the imposition of a collective fine under sub-section

(1) of section 10-A or by the order of appointment, may within a period of thirty
days from the date of proclamation of the notification under sub-section (2) of that
section file a petition before the State Government or the authority specified by it:

Provided that where the State Government or the authority, as the case may
be, may entertain the petition after the expiry of the said period if it is satisfied that
the petitioner was prevented by sufficient cause from filing the petition in time.

(2) The State Government or the authority before which the petition is filed shall
dispose off the petition as expeditiously as possible.

5. Report by the State Government

Every State Government shall, for the purpose of enabling the Central Government,
place the report referred to in sub-section (4) of Section 15-A on the Table of each
House of Parliament, furnish to the Government before the 15th day of February each
year, a summary of the measures taken by it under sub-section (1) and (2) of that
section during the preceding calendar year and shall also furnish such other
information as maybe required by the Central Government from time to time.

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 Annexure II c
THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF
ATROCITIES) ACT, 1989

(11th September, 1989)

An Act to prevent the commission of offences of atrocities against the

members of the Scheduled Castes and the Scheduled Tribes, to provide for Special
Court for the trial of such offences and for the relief and rehabilitation of the victims
of such offences and for matters connected therewith or incidental thereto.

Be it enacted by Parliament in the Fortieth Year of the Republic of India as

follows:-
CHAPTER-1

PRELIMINARY

1. (1) This Act may be called the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989.

(2) It extends to the whole of India except the State of Jammu and
Kashmir.

(3) It shall come into force on such date as the Central Government may,
by notification in the Official Gazette, appoint.

2. (1) In this Act, unless the context otherwise requires-

(a) "Atrocity" means an offence punishable under section 3;

(b) "Code" means the Code of Criminal Procedure, 1973;

(c) "Scheduled Castes and Scheduled Tribes" shall have the

meanings assigned to them respectively under clause (24) and
clause (25) of article 366 of the Constitution;

(d) "Special Court" means a Court of Session specified as a Special

Court in section 14;

(e) "Special Public Prosecutor" means a Public Prosecutor specified

as a Special Public Prosecutor or an advocate referred to in
section 15;

(f) words and expressions used but not defined in this Act and
defined in the Code or the Indian Penal Code shall have the
meanings assigned to them respectively in the Code, or as the
case may be, in the Indian Penal Code.

(2) Any reference in this Act to any enactment or any provision

thereof shall, in relation to an area in which such enactment or such provision is not

312
in force, be construed as a reference to the corresponding law, if any, in force in that
area.

CHAPTER- II

OFFENCES OF ATROCITIES

3. (1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe-

(i) forces a member of a Scheduled Caste or a Scheduled Tribe to drink or

eat any inedible or obnoxious substance;

(ii) acts with intent to cause injury, insult or annoyance to any member of a
Scheduled Caste or a Scheduled Tribe by dumping excreta, waste
matter, carcasses or any other obnoxious substance in his premises or
neighborhood;

(iii) Forcibly removes clothes from the person of a member of a Scheduled

Caste or a Scheduled Tribe or parades him naked or with painted face or
body or commits any similar act which is derogatory to human dignity;

(iv) wrongfully occupies or cultivates any land owned by, or allotted to, or
notified by any competent authority to be allotted to, a member of a
Scheduled Caste or a Scheduled Tribe or gets the land allotted to him
transferred;

(v) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled

Tribe from his land or premises or interferes with the enjoyment of his
rights over any land, premises or water;

(vi) Compels or entices a member of a Scheduled Castes or a Scheduled Tribes

to do 'begar' or other similar forms of forced or bonded labour other than
any compulsory service for public purposes imposed by Government;

(vii) forces or intimidates a member of a Scheduled Caste or a Scheduled Tribe

not to vote or to vote to a particular candidate or to vote in a manner other
than that provided by law;

(viii) institutes false, malicious or vexatious suit or criminal or other legal

proceedings against a member of a Scheduled Caste or a Scheduled Tribe;

(ix) gives any false or frivolous information to any public servant and thereby
causes such public servant to use his lawful power to the injury or annoyance
of a member of a Scheduled Caste or Scheduled Tribe;
(x) intentionally insults or intimidates with intent to humiliate a member of a
Scheduled Caste or a Scheduled Tribe in any place within public view;

(xi) assaults or uses force to any woman belonging to a Scheduled Caste or a

Scheduled Tribe with intent to dishonor or outrage her modesty;

(xii) being in a position to dominate the will of a woman belonging to a

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 Scheduled Caste or a Scheduled Tribe and uses that position to exploit
her sexually to which she would not have otherwise agreed;

(xiii) corrupts or fouls the water of any spring, reservoir or any other source
ordinarily used by members of the Scheduled Castes or the Scheduled
Tribes so as to render it less fit for the purpose for which it is ordinarily
used;

(xiv) denies a member of a Scheduled Caste or a Scheduled Tribe any

customary right of passage to a place of public resort or obstructs such
member so as to prevent him from using or having access to a place of
public resort to which other members of public or any section thereof
have a right to use or access to;

(xv) forces or causes a member of a Scheduled Caste or a Scheduled Tribe to

leave his house, village or other place of residence;
Shall be punishable with imprisonment for a term, which shall not be
less than six months but which may extend to five years and with fine.

(2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe-

(i) gives or fabricates false evidence intending thereby to cause, or knowing

it to be likely that he will thereby cause, any member of a Scheduled
Caste or a Scheduled Tribe to be convicted of an offence which is capital
by the law for the time being in force shall be punished with imprisonment
for life and with fine; and if an innocent member of a Scheduled Caste or
a Scheduled Tribes be convicted and executed in consequence of such
false or fabricated evidence, the person who gives or fabricates such false
evidence, shall be punished with death;

(ii) gives or fabricates false evidence intending thereby to cause, or knowing

it to be likely that he will thereby cause, any member of a Scheduled
Caste or a Scheduled Tribe to be convicted of an offence which is not
capital but punishable with imprisonment for a term of seven years or
upwards, shall be punishable with imprisonment for a term which shall
not be less than six months but which may extend to seven years or
upwards and with fine;

(iii) commits mischief by fire or any explosive substance intending to cause or

knowing it to be likely that he will thereby cause damage to any property
belonging to a member of a Scheduled Caste or a Scheduled Tribe, shall
be punishable with imprisonment for a term which shall not be less than
six months but which may extend to seven years and with fine;

(iv) commits mischief by fire or any explosive substance intending to cause or

knowing it to be likely that he will thereby cause destruction of any
building which is ordinarily used as a place of worship or as a place for
human dwelling or as a place for custody of the property by a member of
Scheduled Caste or a Scheduled Tribe, shall be punishable with
imprisonment for life and with fine;

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 (v) commits any offence under the Indian Penal Code punishable with
imprisonment for a term of ten years or more against a person or
property on the ground that such person is a member of a Scheduled
Caste or a Scheduled Tribe or such property belongs to such member,
shall be punishable with imprisonment for life and with fine;

(vi) knowingly or having reason to believe that an offence has been

committed under this Chapter, causes any evidence of the commission of
that offence to disappear with the intention of screening the offender from
legal punishment, or with that intention gives any information respecting
the offence which he knows or believes to be false shall be punishable
with the punishment provided for that offence; or

(vii) being a public servant, commits any offence under this section, shall be
punishable with imprisonment for a term which shall not be less than one
year but which may extend to the punishment provided for that offence.

4. Whoever, being a public servant but not being a member of a Scheduled

Caste or a Scheduled Tribe, willfully neglects his duties required to be performed by
him under this Act, shall be punishable with imprisonment for a term which shall not
be less than six months but which may extend to one year.

5. Whoever, having already been convicted of an offence under this Chapter is

convicted for the second offence or any offence subsequent to the second offence,
shall be punishable with imprisonment for a term which shall not be less than one
year but which may extend to the punishment provided for that offence.

6. Subject to the other provisions of this Act, the provisions of section 34,
Chapter III, Chapter IV, Chapter V, Chapter VA, section 149 and Chapter XXIII of the
Indian Penal Code, shall, so far as may be, apply for the purposes of this Act as they
apply for the purposes of the Indian Penal Code.

7. (1) Where a person has been convicted of any offence punishable under
this Chapter, the Special Court may, in addition to awarding any punishment, by
order in writing, declare that any property, movable or immovable or both, belonging
to the person, which has been used for the commission of that offence, shall stand
forfeited to Government.

(2) Where any person is accused of any offence under this Chapter, it shall
be open to the Special Court trying him to pass an order that all or any of the
properties, movable or immovable or both, belonging to him, shall, during the period
of such trial, be attached, and where such trial ends in conviction, the property so
attached shall be liable to forfeiture to the extent it is required for the purpose of
realisation of any fine imposed under this Chapter.

8. In a prosecution for an offence under this Chapter, if it is proved that-

(a) the accused rendered any financial assistance to a person accused of,
or reasonably suspected of committing, an offence under this Chapter the, Special
Court shall presume, unless the contrary is proved, that such person had abetted the
offence;

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 (b) a group of persons committed an offence under this Chapter and if it is
proved that the offence committed was sequel to any existing dispute regarding land
or any other matter, it shall be presumed that offence was committed in furtherance
of the common intention or in prosecution of the common object.

9. (1) Notwithstanding anything contained in the code or in any other

provision of this Act, the State Government may, if it considers it necessary
or expedient so to do-

(a) for the prevention of and for coping with any offence under this
Act, or

(b) for any case or class or group of cases under this Act, in any
district or part thereof, confer, by notification in the Official
Gazette, on any officer of the State Government, the powers
exercisable by a police officer under the Code in such district
or part thereof or, as the case may be, for such case or class or
group of cases, and in particular, the powers of arrest,
investigation and prosecution of persons before any Special
Court.

(2) All officers of police and all other officers of Government shall assist
the officer refereed to in sub-section (1) in the execution of the provisions of
this Act or any rule, scheme or order made there under.

(3) The provisions of the Code shall, so far as may be, apply
to the exercise of the powers by an officer under sub-section
(1)

CHAPTER III

EXTERNMENT

10. (1) Where the Special Court is satisfied, upon a complaint or a police
report that a person is likely to commit an offence under Chapter II of this Act in any
area included in ‘Scheduled Areas’ or ‘tribal areas’, as referred to in article 244 of the
Constitution, it may, by order in writing, direct such person to remove himself
beyond the limits of such area, by such route and within such time as may be
specified in the order, and not to return to that area from which he was directed to
remove himself for such period, not exceeding two years, as may be specified in the
order.

(2) The Special Court shall, along with the order under sub-section (1),
communicate to the person directed under that sub-section the grounds on which
such order has been made.

(3) The Special Court may revoke or modify the order made under sub-
section (1), for the reasons to be recorded in writing, on the representation made by
the person against whom such order has been made or by any other person on his
behalf within thirty days from the date of the order.

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11. (1) If a person to whom a direction has been issued under section 10 to
remove him self from any area-

(a) fails to remove himself as directed; or

(b) having so removed himself enters such area within the period
specified in the order,
otherwise than with the permission in writing of the Special Court
under sub-section (2), the Special Court may cause him to be
arrested and removed in police custody to such place outside such
area as the Special Court may specify.

(2) The Special Court may, by order in writing, permit any person in
respect of whom an order under section 10 has been made, to return to the area
from which he was directed to remove himself for such temporary period and subject
to such conditions as may be specified in such order and may require him to execute
a bond with or without surety for the due observation of the conditions imposed.

(3) The Special Court may at any time revoke any such permission.

(4) Any person who, with such permission, returns to the area from which
he was directed to remove himself shall observe the conditions imposed, and at the
expiry of the temporary period for which he was permitted to return, or an the
revocation of such permission before the expiry of such temporary period, shall
remove himself outside such area and shall not return thereto within the unexpired
portion specified under section 10 without a fresh permission.

(5) If a person fails to observe any of the conditions imposed or to remove

himself accordingly or having so removed himself enters or returns to such area
without fresh permission the Special Court may cause him to be arrested and
removed in police custody to such place outside such area as the Special Court may
specify.

12. (1) Every person against whom an order has been made under section 10
shall, if so required by the Special Court, allow his measurements and photographs
to be taken by police officer.

(2) If any person referred to in sub-section (1), when required to allow his
measurements or photographs to be taken resists or refuses to allow his taking of
such measurements or photographs, it shall be lawful to use all necessary means to
secure the taking thereof.

(3) Resistance to or refusal to allow the taking of measurements or

photographs under sub-section (2) shall be deemed to be an offence under section
186 of the Indian Penal Code.

(4) Where an order under section 10 is revoked, all measurements and

photographs (including negative) taken under sub-section (2) shall be destroyed or
made over to the person against whom such order is made.

13. Any person contravening an order of the Special Court made under section
10 shall be punishable with imprisonment for a term which may extend to one
year and with fine.

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 CHAPTER -IV

Special courts

14. For the purpose of providing for speedy trial, the State Government shall,
with the concurrence of the Chief Justice of the High Court, by notification in the
Official Gazette, specify for each district a Court of Session to be a Special Court to
try offences under this Act.

15. For every Special Court, the State Government shall, by notification in the
Official Gazette, specify a Public Prosecutor or appoint an advocate who has been in
practice as an advocate for not less than seven years, as a Special Public Prosecutor
for the purpose of conducting cases in that Court.

CHAPTER-V
Miscellaneous

16. The provisions of section 10A of the Protection of Civil Rights Act, 1955, shall,
so far as may by, apply for the purposes of imposition and realisation of collective
fine and for all other matters connected therewith under this Act.

17. (1) A District Magistrate or a Sub-divisional Magistrate or any other

Executive Magistrate or any police officer not below the rank of a Deputy
Superintendent of Police may, on receiving information and after such inquiry as he
may think necessary, has reason to believe that a person or a group of persons not
belonging to the Scheduled Castes or the Scheduled Tribes, residing in or frequenting
any place within the local limits of his jurisdiction is likely to commit an offence or
has threatened to commit any offence under this Act and is of the opinion that there
is sufficient ground for proceeding, declare such an area to be an area prone to
atrocities and take necessary action for keeping the peace and good behavior and
maintenance of public order and tranquility and may take preventive action.

(2) The provisions of Chapters VIII, X and XI of the Code shall, so far as
may by, apply for the purposes of sub-section (1)

(3) The State Government may, by notification in the Official Gazette,

make one or more schemes specifying the manner in which the officers referred to in
sub-section (1) shall take appropriate action specified in such scheme or schemes to
prevent atrocities and to restore the feeling of security amongst the members of the
Scheduled Castes and the Scheduled Tribes.

18. Nothing in section 438 of the code shall apply in relation to any case involving
the arrest of any person on an accusation of having committed an offence under this
Act.

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19. The provisions of section 360 of the Code and the provisions of the Probation
of Offenders Act, 1958 shall not apply to any person above the age of eighteen years
who is found guilty of having committed an offence under this Act.

20. Save as otherwise provided in this Act, the provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any other law for
the time being in force or any custom or usage or any instrument having effect by
virtue of any such law.

21. (1) Subject to such rules as the Central Government may make in this
behalf, the State Government shall take such measures as may be necessary
for the effective implementation of this Act.

(2) In particular, and without prejudice to the generality of the foregoing

provisions, such measures may include-

(i) the provision for adequate facilities, including legal aid, to the persons
subjected to atrocities to enable them to avail themselves of justice;

(ii) the provision for travelling and maintenance expenses to witnesses,

including the victims of atrocities, during investigation and trial of offences
under this Act;

(iii) the provision for the economic and social rehabilitation of the victims
of the atrocities;

(iv) the appointment of officers for initiating or exercising supervision over

prosecutions for the contravention of the provisions of this Act;

(v) the setting up of committees at such appropriate levels as the State

Government may think fit to assist that Government in formulation or
implementation of such measures;

(vi) provisions for a periodic survey of the working of the provisions of this
Act with a view to suggesting measures for the better implementation of the
provisions of this Act;

(vii) the identification of the areas where the members of the Scheduled
Castes and the Scheduled Tribes are likely to be subjected to atrocities and
adoption of such measures so as to ensure safety for such members.

(3) The Central Government shall take such steps as maybe necessary to
co-ordinate the measures taken by the State Governments under sub-section-
(1).

(4) The Central Government shall, every year, place on the table of each
House of Parliament a report on the measures taken by itself and by the State
Governments in pursuance of the provisions of this section.

22. No suit, prosecution or other legal proceedings shall lie against the central
Government or against the State Government or any officer or authority of
Government or any other person for anything which is in good faith done or intended
to be done under this Act.

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23. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session for a total
period of thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions, aforesaid, both Houses agree
in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; show however, that any
such modification annulment shall be without prejudice to the validity of
anything previously done under that rule.

V.S. RAMA DEVI,

Secy. to the Govt. of India

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 Annexure II d
Rules 1995
Scheduled Tribes (Prevention of Atrocities) Act, 1989
31st March, 1995

NOTIFICATION

G.S.R. 316 (E). - In exercise of the powers conferred by sub-section (1) of

Section 23 of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (33 of 1989), the Central Government hereby makes the
following rules, namely: -

1.SHORT TITLE AND COMMENCEMENT: (1) These rules may be called the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. DEFINITIONS: In these rules, unless the context otherwise requires: -

(a) "Act" means the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (33 of 1989);

(b) "Dependent", with its grammatical variations and cognate expressions,

includes wife, children, whether married or unmarried, dependent parents,
widowed sister, widow and children of pre-deceased son of a victims of
atrocity;

(c) "Identified area" means such area where State Government has reason to
believe that atrocity may take place or there is an apprehension of
reoccurrence of an offence under the Act or an area prone to victim of
atrocity;

(d) "Non Government Organisation" means a voluntary organisation engaged in

the welfare activities relating to the Scheduled Castes and the Scheduled
Tribes and registered under the Societies Registration Act, 1866 (21 of
1866) or under any law for the registration of documents or such
organisation for the time being in force;

(e) "Schedule" means the Schedule annexed to these rules;

(f) "Section" means section of the Act;

(g) "State Government", in relation to a Union Territory, means the

Administrator of that Union Territory appointed by the President under
Article 239 of the Constitution;

(h) words and expressions used herein and not defined but defined in the Act
shall have the meanings respectively assigned to them in the Act.

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3. PRECAUTIONARY AND PREVENTIVE MEASURES:

1. With a view to prevent atrocities on the Scheduled Castes and the Scheduled Tribes, the
State Government shall: -

(i) identify the area where it has reason to believe that atrocity may take
place or there is an apprehension of reoccurrence of an offence under the
Act ;

(ii) order the District Magistrate and Superintendent of Police or any other
officer to visit the identified area and review the law and order situation ;

(iii) if deem necessary, in the identified area cancel the arms licenses of the
persons, not being member of the Scheduled Castes or the Scheduled
Tribes, their near relations, servants or employees and family friends and
get such arms deposited in the Government Armoury ;

(iv) seize all illegal fire arms and prohibit any illegal manufacture of fire arms
;

(v) with a view to ensure the safety of person and property, if deem
necessary, provide arms licenses to the members of the Scheduled Castes
and the Scheduled Tribes ;

(vi) constitute a high power State-level committee, district and divisional level
committees or such number of other committees as deem proper and
necessary for assisting the Government in implementation of the
provisions of the Act ;

(vii) set-up a vigilance and monitoring committee to suggest effective

measures to implement the provisions of the Act ;

(viii) set-up Awareness Centres and organise Workshops in the identified area
or at some other place to educate the persons belonging to the Scheduled
Castes and the Scheduled Tribes about their rights and the protection
available to them under the provisions of various Central and State
enactments or rules, regulations and schemes framed thereunder ;

(ix) encourage Non-Government Organisations for establishing and

maintaining Awareness Centres and organising Workshops and provide
them necessary financial and other sort of assistance ;

(x) deploy special police force in the identified area ;

(xi) by the end of every quarter, review the law and order situation,
functioning of different committees, performance of Special Public
Prosecutors, Investigating Officers and other Officers responsible for
implementing the provisions of the Act and the cases registered under the
Act.

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4. SUPERVISION OF PROSECUTION AND SUBMISSION OF REPORT: -

(1) The State Government on the recommendation of the District Magistrate shall
prepare for each District panel of such number of eminent senior advocates who has
been in practice for not less than seven years, as it may deem necessary for
conducting cases in the Special Courts. Similarly, in consultation with the Director
Prosecution in-charge of the prosecution, a panel of such number of Public
Prosecutors as it may deem necessary for conducting cases in the Special Courts,
shall also be specified. Both these panels shall be notified in the Official Gazette of
the State and shall remain in force for a period of three years.

(2) The District Magistrate and the Director of prosecution/in-charge of the

prosecution shall review at least twice in a calendar year, in the month of January
and July, the performance of Special Public Prosecutors so specified or appointed and
submit a report to the State Government.

(3) If the State Government is satisfied or has reason to believe that a Special Public
Prosecutor so appointed or specified has not conducted the case to the best of the
ability and with due care and caution, his name may be, for reasons to be recorded
in writing, denotified.

(4) The District Magistrate and the officer-in-charge of the prosecution at the District
level, shall review the position of cases registered under the Act and submit a
monthly report on or before 20th day of each subsequent month to the Director of
Prosecution and the State Government. This report shall specify the action
taken/proposed to be taken in respect of investigation and prosecution of each case.

(5) Notwithstanding anything contained in sub-rule (1) the District Magistrate or the
Sub-Divisional Magistrate may, if deem necessary, or if so desired by the victims of
atrocity engage an eminent Senior Advocate for conducting cases in the Special
Courts on such payment of fee as he may consider appropriate.

(6) Payment of fee to the Special Public Prosecutor shall be fixed by the State
Government on a scale higher than the other panel advocates in the State.

5. INFORMATION TO POLICE OFFICER IN-CHARGE OF A POLICE STATION:

(1) Every information relating to the commission of an offence under the Act, if
given orally to an officer in-charge of a police station shall be reduced to writing by
him or under his direction, and be read over to the informant, and every such
information, whether given in writing or reduced to writing as aforesaid, shall be
signed by the persons giving it, and the substance thereof shall be entered in a book
to be maintained by that police station.

(2) A copy of the information as so recorded under sub-rule (1) above shall be
given forthwith, free of cost, to the informant.

(3) Any person aggrieved by a refusal on the part of an officer in-charge of a

police station to record the information referred to in sub-rule (1) may send the
substance of such information, in writing and by post, to the Superintendent of Police
concerned who after investigation either by himself or by a police officer not below
the rank of Deputy Superintendent of Police, shall make an order in writing to the

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officer in-charge of the concerned police station to enter the substance of that
information to be entered in the book to be maintained by that the police station.

6. SPOT INSPECTION BY OFFICERS:

(1) Whenever the District Magistrate or the sub-Divisional Magistrate or any other
Executive Magistrate or any police officer not below the rank of Deputy
Superintendent of Police receives an information from any person or upon his own
knowledge that an atrocity has been committed on the members of the Scheduled
Castes or the Scheduled Tribes within his jurisdiction, he shall immediately himself
visit the place of occurrence to assess the extent of atrocity, loss of life, loss and
damage to the property and submit a report forthwith to the State Government.

(2) The District Magistrate or the sub-Divisional Magistrate or any other executive
Magistrate and the Superintendent of Police, Deputy Superintendent of Police after
inspecting the place or area shall on the spot:-

(i) Draw a list of victims, their family members and dependents entitled for
relief;

(ii) Prepare a detailed report of the extent of atrocity loss and damage to the
property of the victims;

(iii) Order for intensive police patrolling in the area;

(iv) Take effective and necessary steps to provide protection to the witnesses
and other sympathisers of the victims;

(v) Provide immediate relief to the victims;

7. INVESTIGATING OFFICER

(1) An offence committed under the Act shall be investigated by a police officer
not below the rank of a Deputy Superintendent of Police. The investigating officer
shall be appointed by the State Government/Director General of
Police/Superintendent of Police after taking into account his past experience, sense
of ability and justice to perceive the implications of the case and investigate it along
with right lines within the shortest possible time.

(2) The investigating officer so appointed under sub-rule (1) shall complete the
investigation on top priority within thirty days and submit the report to the
Superintendent of Police who in turn will immediately forward the report to the
Director General of Police of the State Government.

(3) The Home Secretary and the Social Welfare Secretary to the State
Government, Director of Prosecution the officer in-charge of Prosecution and the
Director General of Police shall review by the end of every quarter the position of all
investigations done by the investigating officer.

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 8. SETTING UP OF THE SCHEDULED CASTES AND THE SCHEDULED TRIBES
PROTECTION CELL

(1) The State Government shall set up Scheduled Castes and the Scheduled Tribes
Protection Cell at the State head quarter under the charge of Director of Police/Inspector
General police. This Cell shall be responsible for:-

(i) Conducting survey of the identified area;

(ii) Maintaining public order and tranquility in the identified area;

(iii) Recommending to the State Government for deployment of special police

force or establishment of special police post in the identified area;

(iv) Making investigations about the probable causes leading to an offence

under the Act;

(v) Restoring the feeling of security amongst the members of the Scheduled
Castes and the Scheduled Tribes;

(vi) Informing the nodal officer and special officer about the law and order
situation in the identified area;

(vii) Making enquiries about the investigation and spot inspections conducted
by various officers;

(viii) Making enquiries about the action taken by the Superintendent of Police in
the cases where an officer in -charge of the police station has refused to
enter and information in a book to be maintained by that police station
under sub-rule (3) of rule 5;

(ix) Making enquiries about the willful negligence by a public servant;

(x) Reviewing the position of cases registered under the Act; and

(xi) Submitting a monthly report on or before 20th day of each subsequent

month to the State Government nodal officer about the action
taken/proposed to be taken in respect of the above.

NOMINATION OF NODAL OFFICER

The State Government shall nominate a nodal officer of the level of a

Secretary to the State Government preferably belonging to the Scheduled Castes or
the Scheduled Tribes, for coordinating the functioning of the District Magistrates and
Superintendent of Police or the offices authorised by them investigating officers and
other officers responsible for implementing the provisions of the Act. By the end of
the every quarter, the nodal officer shall review;-

(i) the reports received by the State Government under sub-rule (2) and (4) of
rule 4,rule 6, clause (xi) of rule 8.

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 (ii) the position of cases registered under the Act;

(iii) law and order situation in the identified area;

(iv) various kinds of measures adopted for providing immediate relief in cash or
kind or both to the victims of atrocity or his or her dependent;

(v) adequacy of immediate facilities like rationing, clothing, shelter, legal aid,
travelling allowance, daily allowance, and transport facilities provided to
the victims of atrocity or his/her dependants;

(vi) performance of non-Governmental organisations, the Scheduled Castes and

the Scheduled Tribes Protection Cell, various committees and the public
servants responsible for implementing the provisions of the Act.

10. APPOINTMENT OF A SPECIAL OFFICER

In the identified area a Special Officer not below the rank of a Additional District
Magistrate, Superintendent of Police or other officers responsible for implementing
the provisions of the Act, various committees and the Scheduled Castes and the
Scheduled Tribes Protection Cell. The Special Officer shall be responsible for:

(i) providing immediate relief and other facilities to the victims of atrocity and
initiate necessary measures to prevent or avoid re-occurrence of atrocity ;
(ii) setting up an awareness centre and organising workshop in the identified
area or at the district head quarters to educate the persons belonging to
the Scheduled Castes and Scheduled Tribes about their rights and the
protection available to them under the provisions of various Central and
State enactments or rules and schemes etc. framed therein ;
(iii) co-ordinating with the non Governmental organisations and providing
necessary facilities and financial and other type of assistance to non-
Governmental Organisation for maintaining centres or organising
workshops ;

11. TRAVELLING ALLOWANCE DAILY ALLOWANCE MAINTENANCE

EXPENSES AND TRANSPORT FACILITIES TO THE VICTIM OF
ATROCITY, HIS OR HER DEPENDENT AND WITNESSES

(1) Every victim of atrocity or his/her dependent and witnesses shall be paid to
and fro rail fare by second class in express/mail/passenger train or actual bus or taxi
fare from his /her place of residence or actual bus or taxi fare from his/her place of
residence or place of stay to the place of investigation or hearing of trial of an
offence under the Act.

(2) The District Magistrate or the sub-Divisional Magistrate or any other Executive
Magistrate shall make necessary arrangements for providing transport facilities or
reimbursement of full payment thereof to the victims of atrocity and witnesses for
visiting the investigating officer, Superintendent of Police, Deputy Superintendent of
Police, District Magistrate or any other Executive Magistrate.

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(3) Every women witness, the victim of atrocity or her dependent being a woman
or a minor, a person more than sixty years of age and a person having 40 percent or
more disability shall be entitled to be accompanied by an attendant of her/his choice.
The attendant shall also be paid travelling and maintenance expenses as applicable
to the witness or the victim of atrocity when called upon during hearing,
investigation and trial of an offence under the Act.

(4) The witness, the victims of atrocity or his/her dependent and the attendant
shall be paid daily maintenance expenses, for the days he/she is away from the
place of his /her residence or stay during investigation, hearing and trial of an
offence, of such rates but not less than the minimum wages, as may be fixed by the
State Government for the agricultural laboures.

(5) In addition to daily maintenance expenses the witness, the victim of atrocity
(or his/her dependant) and the attendant shall also be paid diet expenses at such
rates as may be fixed by the State Government from time to time.

(6) The payment of travelling allowances, daily allowance, maintenance expenses

and reimbursement of transport facilities shall be made immediately or not later than
three days by the District Magistrate or the Sub-divisional Magistrate or any other
Executive Magistrate to the victims that dependants attendant and witnesses for the
days they visit the investigating officer or in-charge police station or hospital
authorities or Superintendent of Police/Deputy Superintendent of Police or District
Magistrate or any other officer concerned or the Special Court.

(7) When an offence has been committed under Section 3 of the Act, the District
Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall
reimburse the payment of medicines, special medical consultation, blood transfusion,
replacement of essential clothing, meals and fruits provided to the victim (s) of
atrocity.

12. MEASURES TO BE TAKEN BY THE DISTRICT ADMINISTRATION:

(1) The District Magistrate and the Superintendent of Police shall visit the place or
area where the atrocity has been committed to assess the loss of life and damage to
the property and draw a list of victim their family members and dependents entitled
for relief.

(2) Superintendent of Police shall ensure that the First information Report is
registered in the book of the concerned police station and effective measures for
apprehending the accused are taken.

(3) The Superintendent of Police, after spot inspection, shall immediately appoint
an investigation officer and deploy such police force in the area and take such other
preventive measures as he may deem proper and necessary.

(4) The District Magistrate or the Sub Divisional Magistrate or any other Executive
Magistrate shall make arrangements for providing immediate relief in cash or in kind
or both to the victims of atrocity, their family members and dependents according to
the scale as in the schedule annexed to these Rules (Annexure-1). Such immediate

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relief shall also include food, water, clothing, shelter, medical aid, transport facilities
and other essential items necessary for human beings.

(5) The relief provided to the victim of the atrocity or his/her dependent under
sub-rule (4) in respect of death, or injury or damage to property shall be in addition
to any other right to claim compensation in respect there of under any other law for
the time being in force.

(6) The relief and rehabilitation facilities mentioned in sub-rule (4) above shall be
provided by the District Magistrate or the Sub-Divisional Magistrate or any other
Executive Magistrate in accordance with the scales provided in the Schedule annexed
to these rules.

(7) A report of the relief and rehabilitation facilities provided to the victims shall
also be forwarded to the Special Court by the District Magistrate or the Sub-
Divisional Magistrate or the Executive Magistrate or Superintendent of Police. In
case the Special Court is satisfied that the payment of relief was not made to the
victim or his/her dependent in time or the amount of relief or compensation was not
sufficient or only a part of payment of relief or compensation was made, it may
order for making in full or part the payment of relief or any other kind of assistance.

(13) SELECTION OF OFFICERS AND OTHER STAFF MEMBERS FOR

COMPLETING THE WORK RELATING TO ATROCITY:

(1) The State Government shall ensure that the administrative officers and other
staff members to be appointed in an area prone to atrocity shall have the right
aptitude and understanding of the problems of the Scheduled Castes and the
Scheduled Tribes.

(2) It shall also be ensured by the State Government that person from the
Scheduled Castes and the Scheduled Tribes are adequately represented in the
administration and in the police force at all levels, particularly at the level of police
posts and police station.

14. SPECIFIC RESPONSIBILITY OF THE STATE GOVERNMENT

The State Government shall make necessary provisions in its annual budget
for providing relief and rehabilitation facilities to the victims of atrocity. It shall
review at least twice in a calendar year, in the month of January and July the
performance of the Special Public Prosecutor specific or appointed under Section 15
of the Act, various reports received, investigation made and preventing steps taken
by the District magistrate, Sub-Divisional Magistrate and Superintendent of Police,
relief and rehabilitation facilities provided to the victims and the reports in respect of
lapses on behalf of the concerned officers.

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15. CONTINGENCY PLAN BY THE STATE GOVERNMENT

(1) The State Government shall prepare a model contingency plan for
implementing the provisions of the Act and notify the same in the Official Gazette of
the State Government. It should specify the role and responsibility of various
departments and their officers a different levels, the role and responsibility of various
departments and their officers a different levels, the role and responsibility of
Rural/Urban, Local Bodies and Non-Government Organisations. Inter alia this plan
shall contain a package of relief measures including the following:

(a) Scheme to provide immediate relief in cash or in kind or both;

(b) Allotment of agricultural land and house sites;

(c) The rehabilitation packages;

(d) Scheme for employment in Government or Government undertaking to the

dependant or one of the family members of the victim ;

(e) Pension scheme for widows, dependant children of the deceased,

handicapped or old age victims of atrocity.

(f) Mandatory compensation for the victims ;

(g) Scheme for strengthening the socio-economic condition of the victim ;

(h) Provisions for providing brick/stone masonry house to the victims;

(i) Such other elements as health care, supply of essential commodities,

electrification, adequate drinking water facility burial/cremation ground and
link roads to the Scheduled Castes and the Scheduled Tribes habitats.

(2) The State Government shall forward a copy of the contingency plan or a
summary thereof and a copy of the scheme, as soon as may be, to the Central
Government in the Ministry of Welfare and to all the District Magistrates, Sub-
Divisional Magistrates. Inspectors General of Police and Superintendents of Police.

16. CONSTITUTION OF STATE-LEVEL VIGILANCE AND MONITORING

COMMITTEE

(1) The State Government shall constitute a high power vigilance and monitoring
committee of not more than 25 members consisting of the following:

(i) Chief Minister/Administrator-Chairman (in case of a State under President’s

Rule Governor-Chairman)
(ii) Home Minister, Finance Minister and Welfare Minister- Members (in case of a
State under the President’s Rule Advisors-Members).

(iii) All elected Members of Parliament and State Legislative Assembly and

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 Legislative Council from the State belonging to the Scheduled Castes and
Scheduled Tribes-Members.

(iv) Chief Secretary, the Home Secretary, the Director General of Police,
Director/Deputy Director National Commission for Scheduled Castes and the
Scheduled Tribes-Members.

(v) The Secretary in-charge of the Welfare and Development of the Scheduled
Castes and the Scheduled Tribes-Convenor

(2) The high power vigilance and monitoring committee shall meet at least twice
in a calendar year, in the month of January and July to review the implementation of
the provisions of the Act, relief and rehabilitation facilities provided to the victims
and other matters connected therewith, prosecution of cases under the Act, role of
different officers/agencies responsible for implementing, the provisions of the Act
and various reports received by the State Government.

17. CONSTITUTION OF DISTRICT LEVEL VIGILANCE AND MONITORING

COMMITTEE

(1) In each district within the State, the District Magistrate shall set up a
vigilance and monitoring committee in his district to review the implementation of
the provisions of the Act, relief and rehabilitation facilities provided to the victims
and other matters connected therewith, prosecution of cases under the Act, role of
different officers/agencies responsible for implementing the provisions of the Act and
various reports received by the District Administration.

(2) The district level vigilance and monitoring committee shall consist of the
elected Members of the Parliament and State Legislative Assembly and Legislative
Assembly and Legislative Council, Superintendent of Police, three group 'A'
officers/Gazetted officers of the State Government belonging to the Scheduled
Castes and the Scheduled Tribes, not more than 5 non- official Members belonging to
the Scheduled Castes and the Scheduled Tribes and not more than 3 members from
the categories other than the Scheduled Castes and the Scheduled Tribes having
association with Non-Government Organisations. The District Magistrate and District
Social Welfare Officer shall be Chairman and Member Secretary respectively.

(3) The district level committee shall meet at least once in three months.

18. MATERIAL FOR ANNUAL REPORT

The State Government shall every, before the 31st March, forward the report to the
Central Government about the measures taken for implementing provisions of the
Act and various schemes plans framed by it during the previous calendar year.

[File No. 11012/1/89-PCR (Desk)]

GANGA DAS
Joint Secretary

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