The year is 2017. Activist and Viduthalai Chiruthigal Katchi (VCK) functionary M. Muthalagu was leading several protests in Madurai against a Tasmak shop located in his area. He had the support of people, especially women, who opposed the shop being located close to their residence. As an activist, he had also supported and facilitated many inter-caste marriages.
This had angered a section of a prominent intermediate caste group in the area. In a cold, calculated act of revenge, he was put to death. A First Information Report (FIR) was filed that year, but the charge sheet was filed after much delay. His wife P. Arulmozhi says the trial has not yet started The Hindu,
She says the accused are independent and dominate the area and she feels the longer the trial takes, the greater the chances of witnesses turning hostile.
Similar delays have affected other survivors of caste-based crimes across Tamil Nadu. In 2023, P. Paraman, a construction worker, was talking to his grandson on a mobile phone and addressed her as his ‘queen’. This natural word of love towards a child clearly agitated a caste Hindu family who overheard the conversation. Earlier, he had asked her to run errands, but she had refused. They not only hurled casteist abuses at him but also physically attacked him. Both an FIR and a counter-FIR were filed. Parman had to approach the court for anticipatory bail. He says that two witnesses in the case have already died. The hearing in his case has also not started yet, but he is still hopeful of a quick decision.
M. Prabhakaran of neighboring Sivagangai district says his father, a former panchayat president, was murdered by members of a prominent intermediate caste. His father’s life was already in danger; However, the gun license given to him was cancelled. The entire family has now had to leave the area and go to Madurai.
Delays are reported even in cases where the state has assured monetary relief and rehabilitation. V. Kalaiselvan, brother of Gokulraj of Namakkal district – a Scheduled Caste youth who was murdered by a caste outfit for befriending a young woman from their community – claims that monetary relief is being provided to the family, but there is a delay in the disbursement of pension, which is provided as part of rehabilitation measures under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and its rules.
Survivors face various types of pressures. A 25-year-old woman from Theni district was in a relationship with an ethnic Hindu man of her same age. He took her to an isolated place and raped her. Two separate cases were registered after he received continuous threats from him and his family members. She says that from the filing of the FIR till the trial stage, there was immense pressure on her and her mother, who was a single parent, to back out.
He says that initially he was asked to ‘compromise’, but when he refused, a complaint was lodged. The matter is at trial stage. However, she now claims that the Special Public Prosecutor (SPP) has advised her to compromise so that she can “negotiate” and get money from the accused.
The woman has moved the Madurai bench of the Madras High Court seeking direction to change the SPP in the case. She says, she keeps receiving threats from the family of the accused person.
Overall, these cases highlight serious systemic lapses in the implementation of the SC/ST (Prevention of Atrocities) Act and its rules. Activists and advocates have called for a continuous monitoring mechanism at all stages – from filing of complaints and FIRs to filing of charge sheets, prosecution and implementation of rehabilitative measures.
crime and punishment
National Crime Records Bureau (NCRB) data for 2023 shows an increase in crimes against Scheduled Castes and Scheduled Tribes. The data also points to a low conviction rate. A recent study conducted by Madurai-based NGO Evidence has revealed an increase in crimes against women, especially those belonging to the Scheduled Castes and Scheduled Tribes.
Henri Tifagne, executive director of People’s Watch, points out that relief measures, which are supposed to be provided in different phases as mandated by law, are also being delayed. The laws make socio-economic rehabilitation a key component of the contingency plan, including allocation of agricultural land, house sites, resettlement packages, employment, fully supported education for children until graduation, and pensions to strengthen socio-economic conditions. In fact, he said, these rehabilitation measures have not been followed carefully.
A Kathir, executive director of Evidence, said Article 17 of the Constitution abolished the practice of untouchability, making it a punishable offence. The Untouchability (Offence) Act was enacted in 1955. This later became the Protection of Civil Rights (PCR) Act, 1976.
To take effective measures to prevent atrocities, the SC/ST (Prevention of Atrocities) Act, 1989, with subsequent amendments and rules, was enacted. The primary objective of the Act and Rules is to prevent atrocities against members of these communities; Along with this came provisions for rehabilitation measures.
The Act and rules are clear: FIR must be filed immediately, and charge sheet must be filed within 60 days. However, these mandatory provisions are rarely followed.
However, there is a misconception that cases under the Act are being registered indiscriminately. In reality, there is often immense pressure to move things forward. The number of heinous crimes against Scheduled Castes and Scheduled Tribes has increased, says Mr Kathir.
They allege that in cases of heinous crimes, the family is first given a government job and financial relief to “keep it quiet”. Other essential measures are delayed or sometimes not provided at all.
poor implementation
Senior advocate T. Lajpati Roy says the law is right; This is a lack of implementation. Even among government officials there is not enough awareness about its provisions.
Section 10 of the Act deals with deportation (removal of a person likely to commit an offence). According to this provision, when the Special Court is satisfied – on a complaint or police report – that a person is likely to have committed an offense under the Act in any area included in the ‘Scheduled Areas’ or ‘Tribal Areas’ – it may direct that person to remove himself beyond the limits of such area.
Mr Roy cites the 1992 Senagarampatti double murder, one of the earliest cases registered under the Act in Madurai district, which occurred five years before the 1997 Melavalavu massacre, in which six Scheduled Caste people, including a panchayat president, were killed. Senagarampatti is about two kilometers from Melavalavu.
Here about nine acres of HR&CE land was auctioned for lease for agriculture. Generally, caste Hindus leased land and employed Scheduled Caste persons for agricultural work. But in 1992, two people from Scheduled Caste took the land on lease themselves. Enraged by this, the caste Hindus burnt the entire crop and later beheaded two persons. The trial had to be transferred to Karur. The land has been left fallow after the incident.
In most cases, the common complaint is that members of the Scheduled Castes and Scheduled Tribes face threats from oppressors from the dominant castes.
‘Peace’ meetings
Lawyer Seeni Syed Amma says that in atrocity cases, authorities try to hold “peace meetings” first rather than directly filing FIRs based on complaints.
“There is no legal provision for holding peace committee meetings,” she says, referring to a case in Tirunelveli, where after such a meeting, the harassers killed a young complainant from the Scheduled Caste.
Justice D. Hariparanthaman, former judge of the Madras High Court, said that casteist mentality still dominates the society. He said that both the central and state governments have an important role in bringing about change.
However, the entire system is biased, he says. In some cases, the state does not even file appeals against those acquitted. There should be pressure on the government to ensure higher rates of conviction.
way forward
Social activist and advocate P. Rathinam, who has represented several victims of atrocities, says fighting such cases requires a collective effort, as there is pressure from all sides. when sufferingHe further said, and the lives and limbs of the witnesses are at risk, the State needs to instill confidence in them and provide proper security.
Mr Kathir said that Section 4 of the Act deals with punishment for neglect of duty. When a public servant willfully neglects the duties required under the Act and rules, he can be punished with imprisonment of not less than six months which may extend to one year. He claims, “I do not think anyone has been punished for dereliction of duties. This provision should be strictly enforced as a deterrent.”
He emphasizes that there is a need for a strong mechanism to regulate the performance of officers, be they investigating officers, special public prosecutors or magistrates. Although there is a state-level committee headed by the Chief Minister and district-level committees, he says, these meetings have yielded no results.
Instead, Mr Kathir advocates setting up a special monitoring committee comprising high-level officials from key departments to monitor violations at every level. Mr Roy says officers should receive special training to effectively address such issues. There is a strong need to create more awareness about the provisions of these laws.
Mr. Tiffagne says that the Act provides for special and specialized courts to ensure speedy trials, and it is the duty of the State Government to establish them. It also mandates that each special court appoint an SPP and a special public prosecutor. However, there are a large number of vacancies on these posts across the country.
He says there are instances where an additional district judge has additional charge of both POCSO cases and special courts for SC/ST cases. He said vacancies and such additional responsibilities hinder effective implementation of the law.
Further, he demands an efficient monitoring mechanism wherein the bench handling SC/ST cases in the High Court, in its administrative and supervisory capacity, receives periodic reports from the special courts and special special courts to monitor compliance and issue necessary clarifications.
PB Prince Gajendra Babu, general secretary of the State Platform for Common School System-Tamil Nadu, says these issues should be addressed at the grassroots level. This is why the Forum developed the ‘Manual for Social Democracy’, a book that contains lessons on equality and parity. Its main objective is to help create social consciousness and a feeling of brotherhood among the students. He further said, “Only this can lead to true social reform.”
