ALAPPUZHA: The number of crimes against scheduled Caste and Scheduled Tribes members has recorded a steady growth in the last one decade. The number of cases registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, as per the latest SCRB data, went up to 101 last year from 53 in 2008. It was 99 in 2016. The steady growth of crimes against dalits comes at a time when reports of incidents of injustices against the dalit community is drawing public flak.
The soaring dalit cases, which demand serious legal scrutiny, have become a shame on the state which boasts of high education and better standards of living. Despite the steady growth in registering of cases, the conviction rate in such cases, both at the national and state level, is dismally low, a mere 1.7 per cent.
According to dalit activists, the majority of the cases, despite a State-Level Vigilance Monitoring Committee to ensure the welfare of SC/ST communities, are settled out of court due to shoddy prosecution. "In many cases, key witnesses turn hostile. Setting up of special courts to try cases involving SC/STs could ensure better implementation of the Act."
The Scheduled Tribes Development Department officials say the department has been carrying out legal awareness classes to make them able to respond to cases positively. That's the reason why the number of cases is going up.
A research officer, The Kerala Institute for Research, Training and Development Studies (KIRTADS), points out the cases against the dalits had never been looked into with the importance they deserve. " It's a fact that there is an increase in the number of cases registered. But there is no proper follow up of these cases . In fact the Act provides more tooth to the police complaint of a member of the SC/ST community rather than a complainant from the open category. As the complaints registered under the Act are non-bailable in nature, the onus would be on the accused to prove his innocence. In most cases, the accused ends up paying the demands made by the Dalit complainant to make him/her withdraw the case. Though there are instances of the law being misused, one cannot accuse the Dalit community of exercising their right with malicious intent', says the research officer.
As per the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, attempts of tonsuring of head, moustache, or similar acts which are derogatory to the dignity of members of SCs and STs, are treated as atrocities.
Apart from this, the Act has described actions like denying access to irrigation facilities or forest rights, "garlanding with chappals", compelling them to dispose or carry human or animal carcasses, or to dig graves, using or permitting manual scavenging, dedicating a SC or ST women as devadasi and abusing in caste name are crimes.
Imposing social or economic boycott, hurting a SC or ST woman by removing her garments, forcing a member of SC/ST to leave the house, village or residence, acts or gestures of a sexual nature against members of SCs and STs are also deemed to be crimes under the PoA Act.
Certain criminal offences under IPC like hurt, grievous hurt, intimidation, kidnapping etc, attracting less than ten years of imprisonment, committed against members of SC/ST, will be treated as offences punishable under the PoA Act.
Meanwhile, on March 12, 2013, the High Court had ruled against the misuse of SC/ST atrocities prevention act. The court had said that no person could be convicted for atrocities against members of scheduled castes or tribes unless it was proved that the offence was committed with racial prejudice. The order by a division bench comprising Justices TR Ramachandran Nair and AV Ramakrishna Pillai was issued while considering appeals filed by two persons convicted for raping a 12-year-old girl belonging to the scheduled tribes category in January 2002.
