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Introduction
In a stunning acknowledgement of the prevalence of widespread denial of
Human rights and dignity to the Dalits Mr. Manmohan Singh, the Prime Minister
of India made the following remarks on 28 December 2006. “Even after 60 years
of constitutional and legal protection and support, there is still social
discrimination against Dalits in many parts of our country. Dalits have faced a
unique discrimination in our society that is fundamentally different from the
problems of minority groups in general. The only parallel to the practice of
untouchability was apartheid”.
It is evident from the Prime Minister’s Speech that the Constitutional legal
provisions are made to protect the Dalits from discrimination. Yet, there is atrocity
in all walks of life on the Dalit people. This would imply two possible realities:
Reality No.1
The social forces in this country (read caste forces) are more powerful than the
rule of law.
Reality No 2
It is in this context that the purpose behind the several government programmes
for the development of the Dalits should be understood. Sensitization in this
context would mean ensuring of speedy delivery and justice to the Dalit under the
various Government programmes.
1. Setting up of the National Commission for SC/STs under Article 338 of the
Constitution of India
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4. Karnataka SC/ST PTCL Act of 1978
i. Socio-Cultural Offenses
3. Forceful removal of clothes from body, naked parading or painting the face
or body etc.
6. Being in a position to dominate over the will of a Dalit woman and making
use of that position to exploit her sexually to which she would not have
otherwise agreed.
7. Corrupting or fouling the water of any spring, reservoir or any other source
ordinarily used by Dalits so as render it useless for the purpose for which it
is meant.
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8. Denial of the customary right of passage to a place of public resort or
obstructing Dalits from using public places.
2. Giving any false or frivolous information to any public servant and thereby
causing such public servant to use his lawful power to the injury or
annoyance of a Dalit.
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3. Giving or fabricating false evidence intending thereby to cause any Dalit
member to be convicted of an offence which is capital by law. Such a
person shall be punished with death.
v. Public Servants
If any public servant commits any crime under any of these sections shall
be imprisoned for not less than one year. The upward period will be
decided by the court.
If any offender uses his property for the offense against the Dalits under
this Act, such property will be forfeited to the Government.
There are also provisions for Special Courts and special public prosecutor
The State governments are under the mandate of the Act to ensure
effective implementation of the Act.
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III. The SC/ST Prevention of Atrocities Rules of
1995
Salient Features
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3. The State Governments shall set up a SC/ST Protection Cell at the State
Headquarters under the charge of the Director General of Police/Inspector
General of Police.
6. It shall be ensured by the State Government that persons from SC/ST are
adequately represented in the administration and in the police force at all
level, particularly at the level of Police Posts and Police Stations.
Support to Victims
3. The State Government shall make contingency plans for the Victims.
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2. The State Government should submit an Annual report to the Central
Government before 31 March of every year.
DC – Chairman
SP
3 Group ‘A’ officers (Gazetted officers belonging to
Dalit communities)
Not more than 5 non-official members belonging to
Dalit communities)
Not more than 3 members other than Dalits having
association with NGOs
DSW – Member Secretary
The District level committee should meet at least once in three months.
The 1989 Act is for the total prevention of all forms of atrocities on Dalits
with specific reference to the SC/STs
PCR Act was on the other hand to cover all the victims of untouchability
whether they were SC or not
PCR does not provide for -legal protection from false implications
-protection to women
-protection to properties
-compensation to victims
-no provision for special courts
-no special police officers to investigate
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IV. Other Factors in Sensitization
1. The onus of proving the offence is on the victim who is already a victim of
the caste society. Socio-economic compulsions on the victim are too much
to withstand in favor of justice to self. The case of Kampalapally is a
glaring example.
2. Legal education of Dalits and Dalit leadership on this Act itself is very
much lacking.
3. The Act is used for political vendetta making using of simple Dalits by the
Caste forces. Consequently legal actions against genuine offenders are
often doubted by the courts.
6. Can the problems of the Dalits be resolved in this country without giving
proportional representation to them in the Instruments and Mechanisms of
National governance. Dalits must be represented in the Parliament and in
the State Legislature not through reservation of seats but through
proportional electoral system by which they will have their representatives
according to their percentage of votes.
Conclusion
Through the electoral process in India only one party becomes the executive.
They are in power for a short while. But the executives of the government are
permanent till they retire from their jobs. They have a primary duty to educate
those elected representatives who come to executive position of governing the
country. Therefore, the permanent executives have also a prominent duty for
social change. All necessary changes must be brought about by responsible
government servants. Sensitized government officers have a paramount duty of
sensitizing the elected representatives to the critical issues that confront the
masses of people.
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