ATROCITIES ON DALITS & SHOCKING INTERPRETATIONS

ATROCITIES ON DALITS & SHOCKING INTERPRETATIONS
ARVIND JAIN
If social conflicts and contradiction are not resolved well in time the unequals will be left with no alternative except to demolish the basic foundations of parliamentary democracy, which has been hijacked by few by virtually seducing the regional political leaders to share power. Atrocities, sexual violence and blatant discrimination against Dalits is increasing day by day due to lack of sensitization of the administration, poor implementation of the laws and strong brotherly nexus between criminals and a section of public servants. The rampant anti-Dalit mind-set of higher castes in justice delivery system often leads to denial of justice.
FROM BELCHI TO GOHANA
In India a crime is committed against some Dalit every 18 minutes. 11 Dalits are beaten and three raped every day. 13 Dalits are murdered, 6 kidnapped or abducted and 5 Dalit’s homes burnt every week. According to the National Crime Record Bureau 80,489 matter were registered during 1995-2009 crime against SC/ST members. Out of these 2000 cases of murder and 7500 cases of rape were registered. 30,913 cases have been registered only in 2008.
Dalit women are stripped, paraded naked and beaten/burnt to death in broad daylight in full public view of ‘helpless’ witnesses. Needless to state that all this is happening even after six decades of Independence. Gouging out the eyes, burning alive to death, chopping of hands or feet, raping women, destroying villages (Belchi, Tsundur, Gohana) and terrorizing them to suffer in silence is backlash or prejudicial hatred against constant resistance to oppression by dalits. The persons who attained social, economic and political status are also no exceptions to the cancerous disease of untouchability.
Oppression, atrocities, and humiliation of dalits are a shameful chapter in our country's history. In Northern India if a Scheduled Caste boy/girl falls in love and marries (or wants to marry) a non-Scheduled Caste girl/boy, often both are murdered by the family members and they proudly call it "honour killing". What is honourable in such abominable, disgraceful and shocking murders?
The infamous Lakshmanpur Bathe Carnage (December, 1997) resulted in the killing of 58 persons by members of Ranveer Sena in that village and three fishermen on the southern bank of the river Sone by slitting their necks and thus, in all 61 persons lost their lives in the carnage. Since time immorial such atrocities are going on in perpetuation.

Deep roots of religious myths and mythology
Cases are not reported to the police, if reported -it is registered with great reluctance, poor victims are threatened and the local mafia of criminals get political protection. It seems that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, remains only a paper tiger. The incidents of the atrocities perpetrated against Dalits, is a matter of National record and history. Their tyranny has deep roots like religious myths and mythology.
Caste system among the Hindus has been structured on graded hierarchy of Chaturvarnya and the Dalits and Scheduled Tribes (Sudras) are placed on the last rung in the social ladder. Impregnable walls of separation with graded inequalities has been erected between different sections among Hindus. The Dalits are held responsible to serve the society in menial jobs as slaves. The Dalits were/are denied access to water sources, education, cultural life and economic pursuits. They are forced to live as beasts of burden at the outskirts of the villages, towns and slums. Manu Smriti prohibited the Dalits to wear good clothes, ornaments, utensils, food etc.
In the words of Dr. B.R. Ambedkar "it is a diabolical contrivance to suppress and enslave humanity. Its proper name would be ‘infamy’. ‘untouchability’ is a unique phenomenon unknown to humanity in other parts of the world. Nothing like it is to be found in any other society - primitive, ancient or modern.”
Basically the problem of ‘untouchability’ is a clash between castes of haves and have not’s. Inhuman injustice has been done by one class against another. The struggle starts with demand of equality and equal behavior, which has not been acceptable to upper caste Hindus and that’s why they get irritated and start insulting and humiliating the Dalits. Dalits are subjected to severe discrimination, disabilities, liabilities, prohibitions, restrictions or conditions in most of the rural India.
Abolition of untouchability
Article 17 of the Constitution of India, abolished "untouchability" and its practice in any form is forbidden. The Untouchability (Offences) Act 1955 was enacted, which was renamed in 1976 as "Protection of Civil Rights Act". Parliament later passed Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Despite abolition it is being practiced with impunity more in breach. More than 80% of the cases under the Act end in acquittal, due to apathy and lack of proper perspective. The problem can never be resolved merely from the perspectives of criminal jurisprudence. It has to be reexamined from sociological angle and constitutional commitment.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been enacted to ‘prevent the commission of offences of atrocities against the members of the SC/ST. The expression 'atrocities' is defined in Section 2 of the Act to mean an offence punishable under Section 3, which reads as follows:
"3(2) (v): Punishments for offences of atrocities -
(2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, -
(v) commits any offence under the Indian Penal Code punishable with imprisonment for a term of ten years or more against a person or property on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine;”
Why dalit women was raped?
Apex court has interpreted that whoever (not being a member of a SC or ST) commits any offence (under the I.P.C. punishable with imprisonment for a term of ten years or more) against a person or property the prosecution must prove that such offence was committed ‘on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe’ and ‘the mere fact that the victim happened to be a girl belonging to a scheduled caste does not attract the provisions of the Act.’
Everybody knows that if she would not have been a girl belonging to scheduled caste, he could not even dare to touch her. Stark reality is that even today after 60 years of independence, particularly in Indian villages everybody is known by his/her caste and religion only. Moreover the peculiar dress and other social-religious symbols disclose much more about a person than his/her caste and religion even in urban India. If the accused knew before committing offence about the caste of the victim, then it must be presumed by courts of law that the offence was committed ‘on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe.’
The law is torn and twisted
Hon’ble Supreme Court considered the applicability of the provision under Section 3(2)(v) of the Act and laid down that “sine qua non for application of Section 3(2)(v) is that an offence must have been committed against a person on the ground that such person is a member of Scheduled Castes and Scheduled Tribes. In the instant case no evidence has been led to establish this requirement. It is not case of the prosecution that the rape was committed on the victim since she was a member of Scheduled Caste. In the absence of evidence to that effect, Section 3(2) (v) has no application." [Dinesh alias Buddha Vs State of Rajasthan [2006 Crl.L.J.1679]
Hon'ble Supreme Court once again confirmed "in the instant case rape was committed on a girl belonging to Scheduled Caste. However, there is no evidence whatsoever to prove the commission of offence under Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The mere fact that the victim happened to be a girl belonging to a scheduled caste does not attract the provisions of the Act. Apart from the fact that the prosecutrix belongs to the Pardhi community, there is no other evidence on record to prove any offence under the said enactment. The High Court has also not noticed any evidence to support the charge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and was perhaps persuaded to affirm the conviction on the basis that the prosecutrix belongs to a scheduled caste community. The conviction of the appellants under Section 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 must, therefore, be set aside." [Ramdas and Ors. Vs State of Maharashtra (AIR 2007 SC 155)
Lets follow the precedents
In a case of rape with a 16 years old girl, where the Principal Sessions Judge found the accused guilty under Section 376 IPC read with Section 3(2)(v) of the SC/ST Act and convicted and sentenced him to undergo Life Imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo Rigorous Imprisonment for six months but The Hon’ble Justice C.Nagappan and Justice Chitra Venkataraman held that “ the mere fact that the victim happened to be a girl belonging to a Scheduled Caste does not attract the provision under Section 3(2)(v) of the Act and it is not the case of the prosecution that the rape was committed on the victim since she was a member of Scheduled Caste and there is no other evidence on record to prove the said offence under the Act. Hence, the conviction and sentence imposed on the appellant under Section 3(2) (v) of the SC/ST Act are liable to be set aside.” [S. Balaraman Vs State, Crl.A.No.681 of 2008]
The learned judges not only set-aside the conviction and sentence under SC/ST Act but also reduced the sentence of life imprisonment to seven years rigorous imprisonment and fine of Rs. Ten thousand by following the above cited judgments of Apex Court.
Apex Court Judgments are not like a blind street
In case of C.T.Raveenran, S/O.Damodaran Nair Vs State of Kerala (CRL.A.No. 2213 of 2009) at 00.30 hours on 20.1.2005, the appellant in order to commit rape on now late P, broke opened the door of house bearing door No.V/1985 of Kozhikode Corporation, wherein P was residing and thus committed house breaking by night and then committed rape on late P, who belongs to a Scheduled Caste community. The appellant belongs to Hindu Nair Community. Late P was employed as a Nursing Assistant at medical College Hospital, Calicut. She had two daughters. Youngest daughter, R had an inter-caste marriage with Venugopal, the brother of the appellant.
The Sessions Judge, Kozhikode, who is also a Special Judge under the 'SC/ST Act' convicted the appellant for offence under Section 457 and 376 IPC and Section 3(2) (v) of the SC/ST Act and sentenced to rigorous imprisonment for two years and a fine of Rs.1000/- under Section 457 of the IPC. For offence under Section 376 of the IPC, the appellant was sentenced to rigorous imprisonment for 10 years and a fine of Rs.5,000/-. For offence under Section 3(2) (v) of the SC/ST (PA) Act, the appellant was sentenced to imprisonment for life and a fine of Rs.10,000/- with default sentence of imprisonment for one year.
Even Sri. S. U. Nazar, the learned Public Prosecutor conceded that the evidence on record would not show that the offence under the Indian Penal Code were committed against the victim on the ground that she is a member of the Scheduled Caste. It was further conceded that there is no material to come to a finding that the appellant had committed offence under Section 3(2) (v) of the SC/ST(PA) Act, 1989.
Relying upon the decision in Ramdas v. State of Maharashtra (2007(2) SCC 170) Hon'ble Justice Pius C.Kuriakose and Justice P.S.Gopinathan of Kerala High Court set-aside the conviction and sentence for offence under Section 3(2)(v) of the SC/ST(PA) Act, 1989, and only conviction and sentence for offence under Sections 457 and 376 IPC were confirmed.
In this case admittedly youngest daughter of the victim had an inter-caste marriage with Venugopal, the brother of the appellant, who belongs to Hindu Nair Community. It’s absolutely unbelievable that the accused did not know about the caste of the victim. He dared to rape only because the victim was a member of Scheduled Caste community. In such a case it should be presumed that the offence of rape must have been committed against the victim on the ground that she is a member of the Scheduled Caste. Such offences are often committed by the persons belonging to upper caste, just to exhibit their supremacy on the women of lower castes. Judgments of the apex Court are not like a blind street to be entered by Hon’ble judges, without meticulous analysis of facts and circumstances of each case.
SHE WAS NOT RAPED KNOWINGLY THAT ‘SHE WAS A SCHEDULE CASTE GIRL’
In an another case Puja was raped by the accused appellant Dhruvendra Singh and rest accused persons were flirting with her and when she came to senses, they threatened her that in case she would tell this incident to anybody, her brothers would be killed. Whenever she went to school, all accused persons used to commit rape on her and this process remained continued for many times.
Hon’ble Justice S.K.Garg of Rajasthan High Court held that “so far as conviction of the accused appellants Dhruvendra Singh, Sushil and Shivmuni for the offence under Section 3(2) (v) of the SC/ST Act is concerned, they cannot be convicted unless she was raped knowingly that she was a schedule caste girl. In the present case, there is no such evidence that they raped the prosecutrix Puja knowing that she was a scheduled caste girl. In the present case, there is no such evidence that they raped the prosecutrix Puja knowing that she was a scheduled caste girl. Hence, their conviction and sentence passed by the learned Special Judge for the offence under Section 3(2)(v) of the SC/ST Act are liable to be set aside and they are entitled to be acquitted of the charge for the said offence. In this respect, the decision of this Court in Pappu Khan v. State of Rajasthan may be referred to where, it was held that "Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Section 3/2(v) Scope. For offence under Section 3(2)(v), besides proving ingredients of respective offence, it must further be proved that target of crime was selected on ground that he/she belonged to scheduled caste or scheduled tribe." [Dhruvendra Singh and Ors. vs State Of Rajasthan, 2001 (3) WLN 380]

A CASE PRIOR TO APEX COURT’S VERDICTS
Hon’ble Justice Umeshwar Pandey of Alahabad High Court on the other hand rightly held that “the, accused was perfectly an adult person of 25 years of age on the date of the incident when he committed this heinous offence in a barbarous manner subjecting a tender aged girl of about 11 years to forcible rape in order to quench his sexual thirst. The act was so much cruel and inhuman that the prosecutrix had to be admitted for several days in the hospital for treatment. It is an admitted fact that the minor girl belonged to a 'Dalit' Class and the accused being a member of Non-Dalit Class had all the guts and courage to down grade and humiliate the prosecutrix in such a cruel manner. He obviously does not deserve any sympathy by the Court in so far as it relates to the award of punishment in the present case.” [Udai Bahadur S/O Ramdeo Badhai vs State Of U.P. on 25 October, 2005]
NO INSULT IF NOT PRESENT
Hon’ble Jusice Dalveer Bhandari and Deepak Verma has most innovatively interpreted that “the words used in sub-section (x) of SC/ST Act are not "in public place" but "within public view" which means the public must view the person being insulted for which he must be present and no offence on the allegations under the said section gets attracted. (Asmathunnisa Vs State of A.P.,Criminal Appeal no.766 of 2011)"

Justice Bhandari relied upon a judgment of Kerala High Court in E. Krishnan Nayanar v. Dr. M.A. Kuttappan & Others wherein it was held "under sub-section (x) insult can be caused to the person insulted only if he is present in view of the expression "in any place within public view." (1997 Crl. L.J. 2036)
In brief whether it means that any SC/ST member can be insulted even in public view if the member being insulted is not present there? What a ‘brilliant interpretation’ of law from the Supreme Court!
These are just few illustrative cases only where from High Courts up to Apex Court have interpreted the words ‘on the ground’ meaning as the sole basis or reason of the crime. Now the courts have burdened the poor victim to prove that she has been raped just because she is Dalit and it is not enough to be Dalit only. What a morbid process of interpretation of such a social statute.
The Judiciary must respond to the challenges in dispensation of justice (social, economic and political) by interpreting the law with pragmatism, keeping in mind the constitutional dreams and ground realities.
We should also remember that it is not eternal and in the process of historical change, shackles of slavery will vanish. Dalits will not remain lowest in society forever. Eradicating untouchability by destroying the caste system may be a distant dream but education, resistance and social consciousness will certainly empower them to claim equal share in economic and political power. In recent past from the day Dalits captured political power in some states, atrocities on their caste particularly women has increased due to revenge and frustration of higher castes. It is shocking that their own ‘Dalit leaders’ have not taken care to protect and provide them justice because the cries of ‘poorest of poor’ are mostly lost in transit. No need to explain the sorrows of dailt brothers and sisters with facts and figures.