Globalisation perpetrates Atrocities Against Dalits

For PDThis year the dalit advocacy groups are celebrating the 20

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year of SC, ST (prevention of atrocities) act. In implementing the universal human rights and the rights and protectionsguaranteed by the constitution, SC, ST ( Prevention of Atrocities Act 1989 is amilestone. That act itself came in the backdrop of inhuman incidents such as Kilvenmani,Tchuduru, Karamchedu which shocked the nation in late 80s and early 90s.Indian constitution, under article 17, prohibits untouchability where as article 15 prohibits any kind of discrimination on the grounds of caste. In pursuance of thisconstitutional mandate central government adopted protection of civil rights act way back in 1955. The philosophy behind the inclusion of these articles under Fundamental Rights part implies the recognition of state’s dual role, protector as well as facilitator when itcomes to depressed classes. The PCR act applies to all under- privileged classes, its mainfocus is the protection of rights guaranteed to SC and STs. 1955 act recognizes theviolation of rights against SCs and STs as crimes to which the policy makers outlinedremedial measures as well as protective measures under law of the land. Four decades of its implementation supported by the governmental efforts generated awareness aboutcivil rights of depressed classes. At the same time violation of SC, ST rights kept goingon. The social and democratic awareness fueled by anti emergency struggle in thecountry widened the ambit of civil rights. Followed by the increased activism of dalitadvocacy groups, apparently those who headed such groups are the first generation beneficiaries of opportunities under reservation policy, succeeded in differentiating between civil rights and atrocities.The dalit movements of late 70s and early 80s centered around self respect apart fromgraded equality. Self respect movements fueled by inhuman atrocities such as mentionedabove paved way for new debate about protecting the dalit rights at the same time protecting the dalits from atrocities unleashed against them. Thus the necessity for a newact came up and parliament at that time acted promptly to recognizing this need, thuscame in to existence the prevention of SC, ST atrocities which empowers the State to useits powers to see that the perpetrators of atrocities not to go unpunished. The conflictsdebated at that time and redressal or remedial mechanisms outlined in those acts are basically individual centric.Despite these guarantees and protections, the 21

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century India is witnessing an increasein atrocities against SCs and STs. The table given below reflects this increase. The major change that needs to be recognized in these atrocities is that they migrated fromindividual sphere to social sphere. In other sense atrocities against group are increased asagainst individuals. Particularly this change is evident in the case of developed statessuch as Maharashtra, Haryana, Andhra Pradesh as well as the states where predominantlyfeudalistic social relations are in tact. The data covering the major states, compiled fromnational crime bureau records as well as annual reports of National SC, and STcommissions, Human Rights Commission confirms the same. The data for the year 20011

 

is complied from National Commission for Scheduled Castes which figures arecontestable because of its abrupt reduction of incidence of crime against SC/STs inMadhya Pradesh, Bihar, Rajasthan.State 199219951998200120042007AndhraPradesh59117641880141737913383Bihar 75174778552326912786Karnataka90511711148129418161844Kerala6346961148135520477MadhyaPradesh45713979405768163634106Gujarat 19020769446515491038Maharashtra123116226831489491164Orissa22049777281419171355Punjab1892350134177Rajasthan437951975586363053914174Tamilnadu5501293156270611831737Uttar Pradesh9296142156511497237906144WestBengal29006233With the globalization and economic reforms there is a sea change in the debate on dalitrights. Globalisation facilitated the marginalization of dalits and adivasis from socio,economic and cultural fields at the same time consolidating the opportunities in the handsof privileged. This is the time when the state retreated from its duty to managing thesocial needs, thus opening the earlier restricted field for open competition which resultedopening of new areas of conflict. As mentioned earlier, in this period escalation of atrocities against the dalits and adivasis from individual centric to group centric gainedmomentum. As this is far beyond the limits of modern jurisprudence which is basicallyindividual centric, the establishment also refusing to register the cases of group violencein nature thus leaving the field open for direct confrontation at some times. This isresulting in conflict of interest for limited opportunities which in turn expressed in termsof caste based conflicts due to the absence of democratic ways of mobilization, and proper grievance redressal mechanisms.Thus under globalization caste conflicts and atrocities against SC and STs are migratedfrom individual ethical space to social and economic space. That is the reason for enormous increase of incidence of crime against SC/STs over this period. This isconfirmed by National Crimes Bureau records. According to National Crime BureauRecords, as The Hindu reported on July 20

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, 2004, Statistics available with the ScheduledCastes and the Scheduled Tribes Commissions indicate that Maharashtra, Rajasthan,Uttar Pradesh, Andhra Pradesh and Tamil Nadu recorded high incidence of atrocitiesagainst SC/ST between 1996-2000. In UP, where dalit population is at nearly 21 percent,17 cases were registered per each lakh of SC population, where as this ratio peaks for 2

 

Madhya Pradesh with 45 cases for lakh population. In Bengal where SC population stoodat 23 % as per 2001 Census, this ratio stands at 0.01 cases / lakh population. In AndhraPradesh where 16 % population consists 26 cases were registered per each lakh of SCs.Apart from that the analysis of data on incidence of crime against SC/STs revealsfundamental character. The stubborn persistence of deprivations, poverty in its differentmanifestations, marginalization, in access to resources, both traditional and newlyavailable, denial of benefits of development are producing the conditions for continuousescalation of conflicts across the country. Prevention of atrocities act mainly concentrateson redressal mechanisms. But if we look at the data provided by National Bureau of Crime Records, the progress is not satisfactory. As on 2007, December, 104006 cases arein courts out of which in 6505 cases convictions announced, and 14217 cases culpritswere acquitted. Rest of 82472 are still pending before the courts. This performance isafter the majority of states established special courts to deal with offences under PCR andPOA acts.Globalisation opened up new opportunities for the upper caste cluster. The same upper caste clusters are having the inward linkages available under the existing state structure.The changed scenario helped them to sustain their hegemony over the economy as well asover the social life in rural India with the coupling of upward linkages made available tothem under globalization with already existing inward linkages within the state systems.With the State retreating from the managing of social and public life, in the economicsphere this retreat opened up new opportunities for the private capital where in socialsphere opened up new opportunities for non governmental agencies to intrude in to sociallife. Thus we can now see that the nature of NGOs activities are wide spread across thesectors from helping the disable to microfinance institutions.On the other hand, this retreat of state also opened up new opportunities for caste forceswhich are striving for restoring the old identity and group based loyalties instead of striving for democratic grievance redressal means thus consolidating the politics of identity. This identity politics in turn reinforcing the divisions and sub divisions from theexisting underprivileged caste clusters there by weakening their bargaining power in itsencounter with the State as well as civic life. This in tern, further dividing the sociallyand economically weaker sections and STs, SC by juxtaposing the interests of thesesections, at a time when there is a need to develop solidarity cutting across the castes to protect the underprivileged. This underscores the need for developing sustainedmovements based on building sustainable movements by developing strong solidarityamong the under privileged castes. In this back ground the governments has to factor inthe changed scenario in social life over the last two decades while formulating the policies including multidimensional programs to address the structural roots of violence.To be precise, in case of protecting civil rights of underprivileged and prevention of atrocities against them needs a reconsideration in the backdrop of experiences of implementation of prevention of atrocities act over the last two decades. Movementscoercing the state to discharge its duties in true constitutional spirit needs to be built up.And such movements shall be in a position to address and accommodate themultidimensional aspirations of the constituent participants.3

Globalisation perpetrates Atrocities Against Dalits

This is the article written on the occasion of 20 years completion of Prevention of Atrocities Act adopted by Indian parliament. The essay reviews the Post act trends in atrocities and increase of atrocities in Post globalisation period. Also tried to explore the reasons for increase in perpetration of atrocities under globalisation.

collected by - vivek shelke