A VICTORY FOR DIGNITY ENDING CASTE-BASED VIOLENCE
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- A VICTORY FOR DIGNITY ENDING CASTE-BASED VIOLENCE
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A VICTORY FOR DIGNITY
ENDING CASTE-BASED VIOLENCE
The Alternative Law Forum is a collective of lawyers invested in an alternative practice of low.
ALF has a commitment to respond, through litigation and research, to issues of social and
economic justice.
Published on April 14, 2024, commemorating Ambedkar Joyanti
Illustrations by Vaishnavi Giridharan and Maniverma
Acknowledgements for dialogue writing and editing: Kalpana Chakravarthy and Chitra Iyer
Special Thanks to Du Saraswati and special thanks to Sivamanithan S, without whom this would
not have been possible.
Please send your feedback to: contact(a)altlawforum.org.
Preface
The Scheduled Castes (SC) & Scheduled Tribes (ST) (Prevention) Atrocities Act aims to fight the ageold Indian Caste system. With 25 sections and additional rules, the Act identifies 42 acts of caste
discrimination by a person who doesn't belong to SC or ST communities against a person belonging
to SC or ST communities. The Act declares them as crimes, prescribes punishment ranging from
imprisonment of 6 months to the maximum death penalty. Additionally, the Act mandates offenses
under the Act to be investigated by the Deputy Superintendent of Police and officers ranked above
her alone, in order to guarantee that caste atrocities are investigated thoroughly, speedily and fairly.
The Act protects the rights of victims of caste atrocities in 3 unique ways:
1. Firstly, by taking preventive measures. This may include declaring areas as atrocity-prone and
mandating precautionary measures in such areas.
2. Secondly, by providing police protection at all times to the victims, during court proceedings
3.Thirdly, by ensuring assistance to victims in the rehabilitation process through compensation in
the form of cash and kind.
However, a closer look at the impact of this novel legislation, will reveal that its implementation
continues to be abysmal. According to a study by national level Dalit rights organizations, it was
observed in 15 states that crimes against SC communities rose by 177.6% and crimes against ST
communities rose by 111.2% between 1991 and 2021. Similarly, as per the 2023 high-level committee
constituted by the Government of Karnataka to review the implementation of the Act, the rate of
conviction was a mere 3.44 %, and in 1,100 instances, chargesheets had not been filed even after over
two months of the cases being filed. In 2021, the Supreme Court of India itself noted that several
incidents of caste atrocities go unreported, due to the fear of retribution from members of dominant
caste groups, lack of awareness of the law, and police apathy.
Alternative Law Forum has taken up several initiatives to increase legal awareness about the SC and
ST (Prevention) Atrocities Act. We conduct workshops regularly with activists as well as members of
SC and ST communities, and have also simplified the Act in a series of informational posters and
handbooks.
This fictional story, is one such initiative to reach out to community members and instill faith in the
law. Our experience working with the community, the police and prosecutors have shown us that it is
far more challenging for people to seek justice under the Act. However, the objective of this story is to
build awareness of the law. While this story is of the utmost ideal scenario, we hope our readers draw
inspiration, and feel empowered to report incidents o'
te atrociti™ without fear Most importantly,
we hope our readers are conscientised of the ca
’
Mication on
individual lives.
A Dalit colony is located in the periphery
of a village called Nelebaalu. Unlike the
households in the village, the Dalit
colony has been denied basic civic
amenities like sanitation and sufficient
electricity.
The Lake, the primary
source of livelihood.
For f ishermen and traders
there is an annual tender
process in which the
government awards
contracts to market the
produce.
Agricultural lands of the
dominant caste
rA
MAP OF NELEBAALU VILLAGE
The houses of the dominant caste
community with all facilities, including ■
roads, a sewer system and electricity, j
BESIDE THE LAKE, A VISIBLY ENRAGED
SHIVARAMAIAH IS SPEAKING WITH HIS GANG.
contract has been announced. I hear this Collector is
accepting applications from everyone.
Has the government no sense?!
It is including all these low caste scums!
If we allow a single termite, we will have a whole
colony of them. Are we supposed to keep quiet and do
nothing?!
Yes boss! Someone told me about it. There are
rumours that he will win this year's tender.
But why are you worried, Sir? We will not just
sit idly and do nothing! There will be a fight!
Has Anjanappa submitted an application?
Having learnt a few letters, does that bloody
fellowthink he is educated?
ANJANAPPA AND HIS WIFE, SAROJA, RETURN HOME, TIRED FROM THE
DAY'S WORK.
I am afraid, Anji. Do we really want this?
Have you forgotten what they did to
Jayamma's husband, just because he set up a
tea shop? They put that entire family on the
street, Anji!
anyone, irrespective of their caste, can
What the upper castes want does not
Just imagine! What if we are awarded
ider? How much better our life will be!
Maybe so! But we are poor. We are Dalits. These
things never end well. Have they allowed
anything good to happen for us? Do we have the
strength to fight those who have everything?
NINGAPPA. ONE OF SHIVARAMAIAH'S HENCHMEN, SEES ANJANAPPA TALKING TO A
GOVERNMENT OFFICIAL IN THE TALUK OFFICE.
Don't thank me, Anjanappa! It is the
first time we have received an
application from your community! Good
work!
Aye! Come here! How dare you? Don't you
know who owns the fisheries trade? Do
you want our boss to show you your place?
Ningappa! What is it to you? The
government decides who will win! If your
boss is nervous, let him withdraw his
application.
I will not withdraw mine!
Know your place! Your actions will only lar|d
your family in trouble! We are not wearing
bangles that we will back off. Withdraw
your application if you want to be safe-
What nonsense, Sard The government
can choose whom they wish to award
the tender. Have we committed any
crime to be afraid? Are we not equal
citizens too?
i am getting scared, Anji. Listen to me
and withdraw your application. We
f"'
cannot fight those poisonous serpents. Ml
SAROJA KNEW THAT PEOPLE FROM
HER CASTE WOULD NOT BE
ALLOWED INSIDE THE TEMPLE.
SO SHE STOOD OUTSIDE, AND SHE
PRAYED...
In the name of God,
we were cheated.
We will counter every injustice,
We will strike back.
- paragraph from a poem by
Dr. Siddalingaiah
Oho! You pit yourself against the mighty
Shivaramaiah and yet here you are - bold
enough to come to the temple he has built. The
audacity! Where is that husband of yours?
Dear lord inside the temple! Please I
save people like us who live outside ■
the village!
MEANWHILE, SHIVARAMAIAH IS EVEN MORE ENRAGED THAT THE THREATS
GIVEN BY HIS HENCHMEN DID NOT WORK. HE IS DETERMINED TO TEACH
ANJANAPPA A LESSON!
ANJANAPPA GOES TO HAVE A CUP OF
TEA.
?------ ”7".. ' '
If you do not stay in your place,
forget tea! You will not even get a glass of
water here!
It has been more than half an hour since I
ordered the tea. Just because I have
submitted the tender, you are making me
wait, aren't you?
------------------
"
. —i
r~—i
ntr-rmi
THE SHOPKEEPER ANO
OTHERS IN THE SHOP
SATHER TO THREATEN
VIOLENCE!
How much more of this humiliation can we
Dalits suffer? Beware! Let me get this
year's tender and I shall teach you all a
lesson.
I
Anji! Everyone is only wanting to stamp us out.
Look what happened to you! I begged of you
not to go for the tender.
Anjanappa! Shivaramaiah has sent word
asking you to meet him at the lake.
Go ahead! I will come. What do they think?
That I will be frightened into withdrawing
my tender if we are not allowed inside the
temple and are refused tea?
Please dont go, Anji.
” I don't have a good feeling about
this.
Oh, Saro! Dont be. So what if he is a
rich landlord. I am not afraid.
I will come back home by dinner time.
NIGHT HAS DESCENDED. A
STRANGER IS HEARD BANGING ON
SAROJA'S DOOR.
-
That rogue took your husband to see
Shivaramaiah and now see what has befallen
Come quick! Those goons of Shivaramaiah
have beaten your husband unconscious and
he is lying there in that barren field.
You get your just desserts if you meddle ii
matters that are not your concern...is it a
joke to pit oneself against Shivaramaiah?
ANTI! What happened?! Who did
this to you?!
SAROJA WAS
DEVASTATED,
AND FELT
DISTRESSED
ABOUT
SUPPORTING
THEIR
CHILDREN ON
HER OWN.
I have managed to save his life. But it
will take some years for him to move
about as before, normally.
A FEW DAYS LATER, AT SAROJA'S DAUGHTER, NETRA'S SCHOOL
Netra, I haven't seen your mother for
some time now. How is she doing now?
rr
-
J
1 t
£
— J
f
n
Madam, my mother just sits, crying all
the time. I have tried talking to her
about the Constitution and justice - like
you taught us. But she is feeling very
weak. Please - will you come home and
speak with my mother?
Saroja, what will you achieve by simply
brooding like this? Given the humiliations
we, Dalits have suffered, is this anything
new? What happens to your children if
you lose courage like this?
Why don’t you give a complaint, Saroja?
THE TEACHER VISITS SAROJA
TO CONSOLE HER.
Madam, tell me, how can I go knocking at the doors of the police and the court
when even to provide one meal has become an enormous burden. If I can
somehow manage to support my children, I would be more than relieved.
Haven't you heard my story? They
harassed me for the simple reason that I
taught the children of the upper castes.
I wanted to give up my job but I took
courage from the affection that the
children showered on me.
The law was on my side and I have been
able to retain my job!
Saroja, your story is that of many. According to the NCRB, everyday, people
belonging to SC/ST communities experience this kind of violence.
•
•
•
•
•
Two Dalits are killed everyday.
Once in every 4 hours, a Dalit woman is raped.
Once in every 2 hours, violence is perpetrated on a Dalit.
Every month, the homes and properties of nearly 18 Dalits are burnt to the ground.
Every week, 11 Dalits are kidnapped.
The SCI ST Atrocities Act (1989) was
legislated to address these crimes.
Any crime committed on the SC/ST
community by anyone not belonging to that
community will be arrested immediately
under this act. The Act is in our favour with
regard to crimes such as Rape, destruction
of property, murder, robbery, abuse etc.
Once a complaint is registered, the
government offers financial support and
other help to the victims so that the family
members need not live in fear or beg others
for help. Apart from this, the complainant is
provided with around the clock security.
The aim of the Act is to promote equality
and a life of dignity for SC/ST communities
and ensure that they are able to avail all
rights as is available to other citizens of this
country.
The Act will help you get justice for the
violence perpetrated against your husband
and the tragedy that has befallen upon your
family.
I had no idea! If the law is in our favour, why
should we tolerate such crimes?
SAROJA WENT TO THE POLICE STATION
THE NEXT DAY.
Namaste, sir. I want to file a police complaint
under the SC/ST Atrocities Act!
That upper caste landlord, Shivaramaiah and his goondas,
Ramesh and Ningappa brutally beat up my husband. All
because he submitted an application for the Fisheries
Tender floated by the government. They kept threatening
him and demanded him to withdraw his application, and
when he repeatedly refused, they beat him up.
HER (AS HE IS DUTY BOUND).
SAROJA ON HER WAY TO CONDUCT HER
DAILY BUSINESS IS STOPPED BY RAMESHA,
ONE OF SHIVARAMAIAH'S GOONS.
I hear you have filed a police complaint? I
understand your sorrow and the hardships that
you are suffering.
Here, take this money for now. You will
need it. You have children. If you need
more don't hesitate to ask me! I will help.
This is as good as a fox helping a rabbit!
I don't need your money. I believe I will get justice
from the police, law and the government.
I just felt sorry for you! But
apparently even lower castes want
justice now! Just remember, if you act
smart you will suffer the same
fate as your husband's!
I am not going to be cowed down by all
your threats. The law is in our favour!
So get lost!
We have come from the Social WelfarDepartment. We heard about your
complaint and have come to help you.
Thank you for trusting the law, Saroja.
We will immediately arrest Shivaramaiah
and his men, and also give you and your
family protection.
No Saroja. There will be no delay. Your
decision is commendable. And we will
give you legal aid as well as f inancial
support for your family's sustenance.
THE POLICE CONDUCTED AN
INVESTIGATION IN THE SCENE OF
THE CRIME TO GATHER EVIDENCE.
THIS IS CALLED SPOT-MAHAZAR.
COMPLAINT
It is true Sir! We saw Shivaramaiah's
men drag Anjanappa and beat him.
ACCORDING TO THE SC/ST ATROCITIES ACT, THE
ACCUSED NAMED IN THE COMPLAINT HAVE TO BE
ARRESTED IMMEDIATELY AND PRODUCED BEFORE
THE SPECIAL COURT.
You committed such a heinous crime - all for your caste pride? Don't you
know that it is the same blood that courses through all human beings?
Today, no upper caste can get away with such crimes.
Each of you are hereby sentenced to 10 years in jail with a fine of
Rs.25,000!
Ms. Saroja, Thank you for believing in the judicial
process. Let your action be a guiding light for Dalits
everywhere. And let it be possible for all to get justice
under the SC/ST Atrocities Act.
I am but a tiny Root symbolizing justice for the Dalits. The
Tree of Justice will be nurtured by all those whose heart
beats for an equal right to live with dignity.
Jai Bhiml
How you con use the SC/ST Atrocities Act
A set of 3 posters available on www.altlawforum.org
This is one of the most significant legislations that protects Scheduled Castes and Scheduled
Tribes. Atrocities based on their caste is a lived reality for most of India’s SC and ST communities.
This set of 3 posters, available in English and Kannada, are meant to spread awareness and enable
citizens to file a complaint and pursue justice in case of a caste atrocity. Print them out for your
workspaces or download and share with your organisation to ensure that this information is easily
accessible to more people.
Scheduled Caste and Scheduled Tribe
(Prevention of Atrocities) Act, 1989
Contents of a complaint
in an atrocity case
Responsibilities of different
authorities in responding to a
caste atrocity
What is an
First Information
Report (FIR)
Circlo Inspector/ Sub- Inspector
AnliP totHnoir.'.Dstrj««x>o?acoM
in mown it w*l be registered on toe
basis of a complaint lodged at a local
poice Uu'on o« txK<»d on o private
complaint submitted to a specio court
sot up erwor too otrocibea act
Complaint
and FIR
l.Who?
District Maglstrato(DM) I
2.What?
Sub-Divisional
Magistrato(SDM)/ Executi
Magistrato(EM)
3.Why‘
»
Arrest and
protection
4.How?
Superintendent of Policc(SP))
5.Where?
Relief and
Investigation
6.When?
Deputy Superintendent of Police
(DySP)
A Var os possible. Iht> victlm/ttxrr lon<<y rnumbws toould go I
pcur« station to kxjgo <ho comptoinl tf toH >* ru>< poesilM a
con..axriea c41zen w n a A-tixns con report nw otoroce
Special
courts
Oatcd on too complont rroUc
the polz-e
on aro duty
Oounrl to regtUcr on FW undur
Psnu* Coda. Tbo pc4>;o
a copy cl 1he FS to too
Complo-rnnl
u;k!
vwtocut any cost In«y tnusi ao
so cvnn <1 tno compsananr oooi
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