The BJP’s Atrocities Act

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Flames of hate The Dalit family in Sunpedh was sleeping when their house was set on fire. Photo: Vijay Pandey
Flames of hate The Dalit family in Sunpedh was sleeping when their house was set on fire. Photo: Vijay Pandey

“I do not believe that they have been doing this job just to sustain their livelihood. Had this been so, they would not have continued with this type of job generation after generation…. At some point of time, somebody must have got the enlightenment that it is their (Valmikis’) duty to work for the happiness of the entire society and the Gods; that they have to do this job bestowed upon them by Gods; and that this job of cleaning up should continue as an internal spiritual activity for centuries. It is impossible to believe that their ancestors did not have the choice of adopting any other work or business.”

– Narendra Modi in his book Karmayog, 2007


The first anniversary gift of the ruling Hindutva dispensation to the Dalits arrived in the month of May. Sagar Shejiwal, a Dalit student from Maharashtra was brutally murdered by a mob of upper-caste youth. His sin: Possessing a mobile ringtone praising the legendary Dalit icon and father of the Indian constitution, BR Ambedkar.

The last couple of months were a testimony to the fear that many harboured when Narendra Modi came to power. Not only were there predictions of continuous witch-hunting of Muslims over a period of five years, several political commentators fretted over an increase in caste violence. To their surprise, the Modi government, without much ado, fanned a climate of intolerance within the span of a few months instead of stretching it over its five-year tenure. While the Muslim community was targetted relentlessly, the Dalits, already suffering under a deeply oppressive caste structure, have borne the brunt of the violence unleashed by Hindutva terror. “India is witnessing an unprecedented rise in crimes against Dalits since 2014,” says PL Puniya, chairman of the National Commission for Scheduled Castes (NCSC). “What is shocking is the barbaric nature of the crimes. Practices of untouchability and caste discrimination have changed in terms of their form and nature and these new tools of violence have been unleashed in such a way that the perpetrators feel that they have a newfound license to oppress.”

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The statistics agree with Puniya’s observations. A cursory look at the National Crime Records Bureau (NCRB) data reveals an alarming trend of growing caste violence. In 2014, the NCRB recorded an increase of 19.4 percent in total crimes committed against Dalits as compared to the previous year. Out of the 47,064 crimes committed against Dalits, 2,388 cases (5.07 percent) were rapes committed against Dalit women. Add to this the 2,346 cases of sexual assault, 837 cases of sexual harassment and 142 cases of assault, with intent to disrobe Dalit women.

While the statistics paint a grim picture, the shocking reality of the caste bias of the police is a story in itself. In 2014, the police only invoked the SC/ST Prevention of Atrocities (POA) Act — a law that aims to prevent offences against Scheduled Castes and Tribes — in just 21.3 percent of the cases registered. With respect to the majority of cases, the police was careful to invoke relatively harmless provisions from the IPC. The judiciary too, is no different. At the end of 2014, 85.5 percent of the cases registered under the SC/ST POA Act were pending trial. A whopping 71.6 percent of them resulted in acquittals. “The BJP’s march to Delhi gave right-wing upper caste forces more courage to unleash violence,” says an official in the NCSC. “The most brutal forms of violence were recorded in BJP ruled states such as Haryana, Rajasthan and Maharashtra in recent times. The conservative and highly problematic outlook of the rulers in these states is encouraging this violence.”

In Rajasthan and Haryana, when the newly elected BJP came to power, certain controversial amendments in the Panchayat Raj Act were initiated. One of the amendments, put forth by the Haryana government, stipulated five eligibility conditions for candidates contesting in the three-tier panchayat system. The conditions include the following: compulsory middle-school educational qualification; mandatory clearance of crop loans taken from banks, electricity bills and arrears; the candidate should not be charge-sheeted under sections of crimes involving 10 years imprisonment and the candidate should have a functional pucca toilet at their place of residence.

“The compulsory ‘middle-school pass’ criteria for Dalits is a subtle caste war,” says Jagmati Sangwan, general secretary, All India Democratic Women’s Association (AIDWA). “According to the 2011 census, more than 80 percent of Dalit women cannot contest elections if this criteria is implemented. In the last couple of years, Haryana has witnessed several Dalit women becoming panchayat heads despite their lack of formal education. Seeing this Dalit assertion, the Khap panchayats were furious and hell-bent on silencing the women.”

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Towards the fag end of the UPA government’s tenure, two ordinances — the Securities Laws (Amendment) Ordinance and the ordinance on prevention of atrocities on SCs and STs — attempting to put a check on the rising tide of caste atrocities, were promulgated in March 2014. As soon as the NDA government came into power, both ordinances were sufficiently diluted. While the Securities Laws Ordinance was converted into an Act of Parliament in the first budget session, to “protect the interests of investors and to ensure orderly development of the securities market”, the ordinance regarding atrocities on SCs and STs — which had path breaking provisions to ensure justice to India’s most exploited communities — was made to lapse, despite of severe criticism.

When civil society movements led by the National Coalition for Strengthening SCs & STs (POA) Act (NCSPA) raised issues regarding the government’s lackadaisical approach to the ordinance, the government was forced to place the Bill in the Lok Sabha. However, even after that, the bill was referred to the Parliamentary Standing Committee on Social Justice and Empowerment in order to further delay it. While the Committee chaired by BJP MP Ramesh Bais gave the green signal to the amendments and submitted its report by December 2014, the Bill was passed in the Lok Sabha only in August. The fate of the Act still hangs in the air since the Bill has not been placed in the Rajya Sabha yet.

“If the government and the political parties are serious about ending caste atrocities, they should take steps to pass the POA Amendment Bill in the Rajya Sabha,” says VA Rameshnathan, convener of the NCSPA. “The new Bill, along with provisions for exclusive special courts and exclusive public prosecutors, ensures speedy trial within two months. It also addresses hurdles such as the non-registration of cases, delays in investigation, arrests, filing charge-sheets, trial and providing relief and rehabilitation to victims. There are also provisions for providing security to victims and witnesses. Significantly, it also covers economic and social boycott, a less addressed issue with respect to caste.”

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