Mains Practice Questions

Introduction

The Indian Constitution ensures equality, justice, and dignity for all citizens, with specific provisions for the protection of SCs and STs, such as Article 15(4) for their advancement, Article 16(4) for reservation in employment, and Article 17 for the abolition of untouchability.

• Despite these safeguards, atrocities against these communities persist, reflecting deep-rooted societal discrimination and challenges in law enforcement.

Body

Legislative Measures to Protect Scheduled Castes and Scheduled Tribes:

• Protection of Civil Rights Act, 1955: Enacted to enforce the abolition of untouchability and punish offenses arising from it.
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Aims to prevent atrocities, provide relief, and rehabilitation to victims.
  • 52,866 cases of atrocities against Scheduled Castes (SCs) and 9,725 cases of Scheduled Tribes (STs) under that act in 2022.
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015: Expanded the scope of offenses and established special courts for speedy trials.
• Forest Rights Act, 2006: Recognizes the rights of forest-dwelling STs and other traditional forest dwellers.
  • Odisha is one of the leading States in implementation of FRA with distribution of 4.56 lakhs of individual forest right (IFR) titles.

Reasons for Persistence of Atrocities Against the Communities

• Deep-rooted Social Prejudices: Centuries-old caste-based discrimination continues to influence social interactions.
  • The 2020 Hathras gang rape case in Uttar Pradesh highlighted how caste prejudices can affect even criminal investigations and justice delivery.
• Economic Disparities: Persistent poverty and lack of economic opportunities make SC/ST communities vulnerable to exploitation.
  • According to Global Multidimensional Poverty Index (MPI) estimates, five out of every six multidimensionally poor in India belong to SC, ST or Other Backward Class (OBC) households.
    • ST with more than 50% multidimensionally poor, followed by SC with 33.3%
• Limited Access to Education: Despite reservations, educational attainment remains low, perpetuating cycles of disadvantage.
  • The gross enrolment ratio for STs in higher education was only 21.2% in 2021-22.
• Ineffective Implementation of Laws: Lack of awareness, resources, and sometimes willingness among law enforcement agencies hampers the effectiveness of protective legislation.
  • The 2018 Bhima Koregaon violence saw delayed action against perpetrators, highlighting implementation gaps.

Measures to Address the Issue:

• Strengthening Education and Awareness: Implement comprehensive education programs focusing on constitutional values and anti-discrimination like Eklavya Model Schools.
• Economic Empowerment: Enhance skill development programs and provide better access to credit and entrepreneurship opportunities.
  • The Stand-Up India scheme can be further expanded and strengthened.
• Improved Law Enforcement: Sensitize police forces and establish special units dedicated to SC/ST protection in high-risk areas.
• Strengthening Grassroots Governance: Empower Gram Sabhas and local bodies to play a more active role in preventing atrocities
  • Kerala's Kudumbashree mission has successfully integrated SC/ST women into local governance structures.
• Leveraging Technology: Use digital platforms for quick reporting, tracking, and resolving cases of atrocities.
  • The Atrocity Tracking and Monitoring System (ATM) has improved case monitoring and victim compensation delivery, and can be further enhanced using AI and ML.

Conclusion

While India has made significant strides in legislative protection for SC and ST communities, the persistence of atrocities underscores the need for a multi-pronged approach. This approach must combine stricter law enforcement, social awareness and economic empowerment.