Scheduled Caste

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& Scheduled Tribe (Prevention of Atrocities) 1989 (No.33 of 1989)

The s and Tribes (Prevention of Atrocities) Act, 1989 is an Act of the Parliament of India enacted to prevent atrocities against scheduled castes and scheduled tribes. The Act is popularly known as POA, the SC/ST Act, the Prevention of Atrocities Act, or simply the Atrocities Act.

ARTICLE 17 of Indian Constitution seeks to abolish 'untouchability' and to forbid all such practices. It is basically a "statement of principle" that needs to be made operational with the ostensible objective to remove humiliation and multifaceted harassments meted to the Dalits and to ensure their fundamental and socio-economic, political, and cultural rights.

This is to free Society/”>Indian Society from blind and irrational adherence to traditional beliefs and to establish a bias free society. For that, Untouchability (Offences) Act 1955 was enacted. However, lacunae and loopholes impelled the government to project a major overhaul of this legal instrument. From 1976 onwards the Act was revamped as The Protection Of Civil Rights Act. Despite various measures adopted to improve the socio-economic conditions of the SCs and STs they remain vulnerable and are subject to various offences, indignities and humiliations and harassment. When they assert their rights and against the practice of Untouchability against them the vested interest try to cow them down and terrorize them. Atrocities against the SCs and STs, still continued.

Thus objectives of the Act clearly emphasize the intention of the Government to deliver Justice to these communities through proactive efforts to enable them to live in society with dignity and self-esteem and without fear or violence or suppression from the dominant castes. The practice of untouchability, in its overt and covert form was made a cognizable and non compoundable offence, and strict punishment is provided for any such offence.

The SCs and STs (Prevention of Atrocities) Act, 1989 with stringent provisions (which extends to whole of India except the State of Jammu & Kasmhir) was enacted on 9 September 1989. Section 23(1) of the Act authorises the Central Government to frame rules for carrying out the purpose of the Act. Drawing power from this section, the s and the Scheduled Tribes (Prevention of Atrocities) Rules of 1995 were framed. The rules for the Act were notified on 31 March 1995.

Objectives

The basic objective and purpose of this more comprehensive and more punitive piece of legislation was sharply enunciated when the Bill was introduced in the Lok Sabha:

“Despite various measures to improve the socio-economic conditions of the SCs and STs, they remain vulnerable… They have, in several brutal incidents, been deprived of their life and property… Because of the awareness created… through spread of Education, etc., when they assert their rights and resist practices of untouchability against them or demand statutory minimum wages or refuse to do any bonded and forced labour, the vested interests try to cow them down and terrorise them. When the SCs and STs try to preserve their self-respect or honour of their Women, they become irritants for the dominant and the mighty… Under the circumstances, the existing laws like the Protection of Civil Rights Act 1955 and the normal provisions of the Indian Penal Code have been found to be inadequate to check and deter crimes against them committed by non-SCs and non-STs… It is considered necessary that not only the term 'atrocity' should be defined, but also stringent measures should be introduced to provide for higher punishment for committing such atrocities. It is also proposed to enjoin on the States and Union Territories to take specific preventive and punitive measures to protect SCs and STs from being victimized and, where atrocities are committed, to provide adequate relief and assistance to rehabilitate them.”

The objectives of the Act, therefore, very clearly emphasise the intention of the Indian state to deliver justice to SC/ST communities through affirmative action in order to enable them to live in society with dignity and self-esteem and without fear, violence or suppression from the dominant castes.

Salient features

Creation of new types of offences not in the Indian Penal Code (IPC) or in the Protection of Civil Rights Act 1955 (PCRA).

Commission of offences only by specified persons (atrocities can be committed only by non-SCs and non-STs on members of the SC or ST communities. Crimes among SCs and STs or between STs and SCs do not come under the purview of this Act).
Defines various types of atrocities against SCs/STs (Section 3(1)i to xv and 3(2)i to vii).
Prescribes stringent punishment for such atrocities (Section 3(1)i to xv and 3(2)i to vii).
Enhanced punishment for some offences (Section 3(2)i to vii, 5).
Enhanced minimum punishment for public servants (Section 3(2)vii).
Punishment for neglect of duties by a public servant(Section 4). Attachment and forfeiture of property (Section 7).
Externment of potential offenders (Section 10(1), 10(3), 10(3)).
Creation of Special Courts (Section 14).
Appointment of Special Public Prosecutors (Section 15).
Empowers the government to impose collective fines (Section 16).
Cancellation of arms licences in the areas identified where an atrocity may take place or has taken place (Rule 3iii) and seize all illegal fire arms (Rule 3iv).
Grant arms licences to SCs and STs (Rule 3v).
Denial of anticipatory bail (Section 18).
Denial of probation to convict (Section 19).
Provides compensation, relief and rehabilitation for victims of atrocities or their legal heirs (Section 17(3), 21(2)iii, Rule 11, 12(4)).
Identification of atrocity prone areas (Section 17(1), 21(2)vii, Rule 3(1)).

Special Courts

For speedy trial, Section 14 of the Act provides for a Court of Session to be a Special Court to try offences under this Act in each district. Rule 13(i) mandates that the judge in a special court be sensitive with right Aptitude and understanding of the problems of the SCs and STs.

However, that is seldom the case. Most states have declared a court as a 'special court'. The hitch is that they are designated courts (as opposed to exclusive special courts) and so have to hear many other cases too. Consequently, at any time about 80% of the cases are pending, defeating the very purpose of having special courts in the first place.

Special Court Justice Ramaswamy observed in the case of State of Karnataka v. Ingale that more than seventy-five percent of the cases brought under the SC/ST Act end in acquittal at all levels. The situation has not improved much since 1992 according to the figures given by the 2002 Annual Report dealing with SC/ST Act (of the Ministry of Social Justice and Empowerment) Of the total cases filed in 2002 only 21.72% were disposed of, and, of those, a mere 2.31% ended in conviction. The number of acquittals is 6 times more than the number of convictions and more than 70 percent of the cases are still pending.

Inaugurating a two-day annual conference of State Ministers of Welfare/Social Justice, 8 Sept 2009, Prime Minister Singh expressed 'shock' that the conviction rate of cases of atrocities against the SC/STs is less than 30% against the Average of 42% for all cognisable offences under the Indian Penal Code. And in rape cases the conviction rate is just 2%.

Karnataka has only 8 Special courts, though 15 of 30 districts are declared 'atrocity prone'. Overall conviction rates remain at or below 5%. Even the few special courts seem to be biased. In 2010, of the 101 cases disposed of in the Tumkur special court, not one was convicted. Gulbarga, another atrocity prone district had a conviction rate of just 2%. 7 districts had a conviction rate of 0% in 2010.

Scheduled Castes, also known as Dalits, are the lowest social group in India. They are estimated to make up about 16% of the Indian Population. Scheduled Castes have historically been subjected to discrimination and oppression, and continue to face many challenges today.

The history of Scheduled Castes in India is a long and complex one. The caste system, which is a social hierarchy based on birth, has been in place in India for centuries. Scheduled Castes were traditionally considered to be “untouchables” and were excluded from many aspects of society. They were not allowed to enter temples, use public wells, or even touch members of higher castes.

In the early 20th century, there began to be a movement for social reform in India. This movement led to the passage of the Indian Constitution in 1950, which outlawed discrimination on the basis of caste. The Constitution also created a list of Scheduled Castes, which are groups that are considered to be socially and economically disadvantaged.

Scheduled Castes have made significant progress in recent years. They have achieved greater access to education and EMPLOYMENT, and their political participation has increased. However, they continue to face many challenges, including POVERTY, illiteracy, and discrimination.

One of the biggest challenges faced by Scheduled Castes is poverty. According to the 2011 census, the poverty rate among Scheduled Castes is 22.5%, which is higher than the national average of 13.7%. This is due to a number of factors, including low levels of education and employment, and discrimination in the labor market.

Another challenge faced by Scheduled Castes is illiteracy. According to the 2011 census, the Literacy rate among Scheduled Castes is 69.3%, which is lower than the national average of 74.0%. This is due to a number of factors, including lack of access to quality education, and discrimination in the education system.

Scheduled Castes also face discrimination in the labor market. They are often denied jobs and promotions, and they are paid lower wages than members of higher castes. This is due to a number of factors, including prejudice and stereotypes about Scheduled Castes, and the lack of political will to address discrimination.

Despite the challenges they face, Scheduled Castes have made significant progress in recent years. They have achieved greater access to education and employment, and their political participation has increased. However, they continue to face many challenges, including poverty, illiteracy, and discrimination.

The government of India has taken a number of steps to address the challenges faced by Scheduled Castes. These include affirmative action programs, such as reservations in education and employment, and welfare schemes, such as scholarships and loans. The government has also enacted laws to protect Scheduled Castes from discrimination.

The future of Scheduled Castes in India is uncertain. However, there are a number of reasons to be optimistic. The government of India is committed to addressing the challenges faced by Scheduled Castes, and there is a growing awareness of the need for social justice in India. With continued effort, Scheduled Castes can achieve Equality and opportunity in Indian society.

Here are some frequently asked questions and short answers about the topics of caste and untouchability in India:

What is caste?
Caste is a system of social stratification that is found in many parts of the world. In India, caste is a system of social hierarchy that is based on birth. People are born into a caste and cannot change their caste.
What is untouchability?
Untouchability is a practice of discrimination against people who are considered to be of a lower caste. People who are considered to be untouchable are often denied access to basic Services, such as education, healthcare, and employment.
What are the effects of caste and untouchability?
Caste and untouchability have a number of negative effects on people’s lives. People who are considered to be of a lower caste are often denied access to basic services, such as education, healthcare, and employment. They are also often subjected to violence and discrimination.
What is being done to address caste and untouchability?
The Indian government has taken a number of steps to address caste and untouchability. These steps include passing laws that prohibit discrimination on the basis of caste, providing affirmative action programs for people who are considered to be of a lower caste, and raising awareness about the issue of caste discrimination.
What can individuals do to address caste and untouchability?
Individuals can play a role in addressing caste and untouchability by speaking out against discrimination, supporting organizations that are working to promote equality, and educating themselves about the issue.
What is the future of caste and untouchability in India?
The future of caste and untouchability in India is uncertain. The Indian government has taken a number of steps to address the issue, but there is still a long way to go. It is important for individuals to continue to speak out against discrimination and to support organizations that are working to promote equality.

Sure. Here are some MCQs on the topics of Indian history, geography, and culture:

Which of the following is not a state in India?
(A) Uttar Pradesh
(B) Bihar
(C) Jharkhand
(D) Nepal
The capital of India is:
(A) New Delhi
(B) Mumbai
(C) Chennai
(D) Kolkata
The national language of India is:
(A) Hindi
(B) English
(C) Tamil
(D) Telugu
The Indian flag has three colors:
(A) Saffron, white, and green
(B) Red, white, and blue
(C) Orange, white, and green
(D) Yellow, white, and blue
The national animal of India is:
(A) Tiger
(B) Lion
(C) Elephant
(D) Rhinoceros
The national bird of India is:
(A) Peacock
(B) Parrot
(C) Eagle
(D) Swan
The national flower of India is:
(A) Lotus
(B) Rose
(C) Jasmine
(D) Sunflower
The national fruit of India is:
(A) Mango
(B) Apple
(C) Banana
(D) Grapes
The national dish of India is:
(A) Chicken tikka masala
(B) Butter chicken
(C) Biryani
(D) Samosa
The national sport of India is:
(A) Cricket
(B) Hockey
(C) Football
(D) Kabaddi
The first Prime Minister of India was:
(A) Jawaharlal Nehru
(B) Indira Gandhi
(C) Rajiv Gandhi
(D) Atal Bihari Vajpayee
The current President of India is:
(A) Ram Nath Kovind
(B) Pratibha Patil
(C) A.P.J. Abdul Kalam
(D) Dr. Rajendra Prasad
The Indian independence movement was led by:
(A) Mahatma Gandhi
(B) Jawaharlal Nehru
(C) Subhash Chandra Bose
(D) Vallabhbhai Patel
The partition of India took place in:
(A) 1947
(B) 1948
(C) 1949
(D) 1950
The Indo-Pakistani War of 1971 led to the creation of:
(A) Bangladesh
(B) Pakistan
(C) India
(D) Sri Lanka
The Kargil War was fought between India and Pakistan in:
(A) 1999
(B) 2000
(C) 2001
(D) 2002
The Indian economy is the:
(A) 6th largest in the world
(B) 7th largest in the world
(C) 8th largest in the world
(D) 9th largest in the world
The Indian rupee is the currency of:
(A) India
(B) Pakistan
(C) Bangladesh
(D) Sri Lanka
The Indian stock market is the:
(A) 10th largest in the world
(B) 11th largest in the world
(C) 12th largest in the world
(D) 13th largest in the world
The Indian cricket team is the:
(A) 1st ranked team in the world
(B) 2nd ranked team in the world
(C) 3rd ranked team in the world
(D) 4th ranked team in the world

I hope these MCQs were helpful!