Dalits in India: Search for a Common Destiny

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Sukhadeo Thorat

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    Dedication

    Dedicated to

    Those who have Struggled to secure Equal Rights for the Discriminated and Marginalised

    List of Tables

    • 2.1 Stipulated Criteria for Reservation in Government Jobs 15
    • 3.1 Decennial Population by Social Groups 41
    • 4.1 Share of All-India Rural Workers Engaged in the Agricultural Sector to Total Rural Main Workers by Social Groups 47
    • 4.2 Disparity Index of All-India Workers Engaged in the Agricultural Sector 47
    • 4.3 Distribution of All-India Rural Household Workers Engaged in the Agricultural and Non-agricultural Sectors by Social Groups 47
    • 4.4 Percentage of All-India Rural Cultivator and Agricultural Labourer Main Workers by Social Groups 49
    • 4.5 All-India Rural Households: SEA and Agricultural Labourers 49
    • 4.6 Percentage Distribution of Workers Engaged in Non-agricultural Occupations to Total Rural Main Workers by Social Groups 50
    • 4.7 Distribution of Rural Non-agricultural Households according to Household Type 51
    • 4.8 Distribution of Urban Households in Non-agricultural Occupations 52
    • 5.1 Landownership Pattern of SCs 55
    • 5.2 Disparity Ratio among SCs and All Households 55
    • 8.1 Absolute Number of Government Employees for SCs and Non-SCs/STs (Decadal Point to Point) 72
    • 8.2 Percentage Share of SCs and Non-SCs/STs in Central Government Employment 72
    • 8.3 Government Employment for SCs and Non-SCs/STs (Decadal Average) 73
    • 8.4(a) Employment in Public Sector Enterprises for SCs and Non-SCs/STs (Decadal Point to Point) 77
    • 8.4(b) Employment in Public Sector Enterprises for SCs and Non-SCs/STs (Decadal Average) 77
    • 8.5 Reservations in Government Jobs: Combined 84
    • 10.1 Trends in the Literacy Rates for Non-SCs/STs and SCs Populations, 1961–2001 98
    • 10.2 Literacy Rates for Non-SC/ST and SC Populations by Sex and Place of Residence, 2001 99
    • 10.3 Educational Attainment by Age and Levels for Social Groups, 2001 100
    • 10.4 Educational Attainment for the 15+ Population by Social Groups and Sex, 2001 101
    • 10.5 Attendance in Educational Institution by Age-groups for Non-SC/ST and SC Populations, 2001 102
    • 10.6 School Attendance Rates among Children Aged 5–14 by Social Groups 102
    • 10.7 School Dropout Rates by Stages of Education and Social Groups, 1980–81 to 2000–01 103
    • 10.8 Participation in Higher Education of SCs, 1991 and 2001 105
    • 10.9 Variations in Extent of Higher Education across Social Groups 106
    • 10.10 Gross Enrolment Ratio (2003–04) in Higher Education 107
    • 10.11 Gross Enrolment Ratio by Caste, Occupation and Economic Status, 1999–2000 108
    • 11.1 Infant and Childhood Mortality Indicators for Social Groups 111
    • 11.2 Nutritional Status of Women and Children by Social Groups 112
    • 11.3 Preventive and Curative Care for Children by Social Groups 114
    • 11.4 Maternal Healthcare by Social Groups 117
    • 12.1 Condition of Housing by Social Groups, 2001 123
    • 12.2 Percentage of Households Living in Houses with Pucca Roofs and Walls by Social Groups, 2001 124
    • 12.3 Distribution of Households by Number of Dwelling Units, 1991 and 2001 125
    • 12.4 Distribution of Households by House Tenure and Share by Social Groups, 1991 and 2001 126
    • 12.5 Percentage of Households having Access to Household Amenities by Social Groups, 1991 and 2001 126
    • 13.1 Denial of Access to Basic Public Services 135
    • 13.2 Discriminatory Treatment in Public Services (Forms/Sites Arranged in Decreasing Order of Incidence: Pooled Data from 11 States) 136
    • 13.3 Discriminatory Restrictions on Public Behaviour (Forms/Sites Arranged in Decreasing Order of Incidence: Pooled Data from 11 States) 137
    • 13.4 Market Discrimination—Access to Work and Resources (Form/Sites: Pooled Data from 11 States) 140
    List of Tables in the Annexures
    • 7A.1 Total Population in India 223
    • 7A.2 SC Population in India 224
    • 7A.3 Share of States in Population of India by Social Groups, 2001 225
    • 7A.4 Annual Compound Growth Rate of the SC Population 226
    • 7A.5 Annual Compound Growth Rate of the Non-SC/ST Population 227
    • 7A.6 Annual Compound Growth Rate of All Groups 228
    • 7A.7 Percentage Share of the SC Male and Female Population to the Total SC Population 229
    • 7A.8 Sex Ratio of the SC Population and the Total Population 230
    • 7A.9 Vertical Share of the SC Population, 2001 230
    • 7A.10 Percentage of the SC Population by Gender in the Total State Population, 2001 231
    • 7A.11 Annual Compound Growth Rate of the SC Male and Female Population 232
    • 7A.12 Percentage Share of the Urban Population in the Total Population, 1981 233
    • 7A.13 Percentage Share of the Urban Population in the Total Population, 1991 234
    • 7A.14 Percentage Share of the Urban Population in the Total Population, 2001 235
    • 7A.15 Annual Compound Growth Rate of the Urban SC Population 236
    • 7A.16 Annual Compound Growth Rate of the Urban Non-SC/ST Population 237
    • 7A.17 Percentage Share of the Urban Male and Female Population to the Total Male and Female Population, 1981 238
    • 7A.18 Percentage Share of the Urban Male and Female Population to the Total Male and Female Population, 1991 239
    • 7A.19 Percentage Share of the Urban Male and Female Population to the Total Male and Female Population, 2001 240
    • 8A.1 Share of the Rural SC Workers Engaged in the Agriculture Sector to the Total Rural SC Main Workers 242
    • 8A.2 Disparity Index of Workers Engaged in the Agriculture Sector 243
    • 8A.3 Distribution of Rural Households Engaged in the Agriculture Sector for SCs 244
    • 8A.4 Proportion of SC Cultivators in Rural Main Workers 245
    • 8A.5 Disparity Index of Workers Engaged as Rural Cultivators 246
    • 8A.6 Percentage Distribution of SC Main Rural Workers in the Household Industry 247
    • 8A.7 Disparity Index of Workers Engaged in the Household Industry 247
    • 8A.8 Proportion of SC Rural Households Engaged as SENA 249
    • 8A.9 Distribution of Urban SC Households by Household Type 249
    • 9A.1 Percentage of Landless and Near-Landless Households according to Land Possessed for SC Households, 1999–2000 251
    • 9A.2 Ratio of SCs to Non-SCs/STs among the Landless and Near-Landless, 1992 251
    • 9A.3 Ratio of SCs to Non-SCs/STs among the Landless and Near-Landless, 1999–2000 252
    • 10A.1 Percentage of Rural Labour Households to Total Rural Households 253
    • 10A.2 Percentage of Agricultural Labour Households to Total Rural Households 253
    • 10A.3 Disparity Index of Rural Labour Households: SCs/Non-SCs/STs 254
    • 10A.4 Disparity Index of Agricultural Labour Households: SCs/Non-SCs/STs 254
    • 10A.5 Rural Labour Households with Land and without Land 255
    • 10A.6 Agricultural Labour Households with Land and without Land 256
    • 10A.7 Percentage Distribution of Rural Labour Households with Land by Size of Land Cultivated, 1999–2000 (size in ha) 256
    • 10A.8 Percentage Distribution of Agricultural Labour Household with Land by Size of Land Cultivated, 1999–2000 (size in ha) 257
    • 10A.9 Real Wages of Rural Labour Households, 1974–75 257
    • 10A.10 Real Wages of Rural Labour Households, 1999–2000 258
    • 11A.1 Rural Employment Rate of SCs and Non-SCs/STs by Current Daily Status 260
    • 11A.2 Disparities in Employment Rate (CDS) between SC and Non-SC/ST Males (Rural) 260
    • 11A.3 Disparities in Employment Rate (CDS) between SC and Non-SC/ST Females (Rural) 261
    • 11A.4 Urban Employment Rate of SCs and Non-SCs/STs according to Current Daily Status 262
    • 11A.5 Disparities in Employment Rate (CDS) between SC and Non-SC/ST Males (Urban) 262
    • 11A.6 Percentage of Rural Persons of Age 5 Years and above Unemployed according to Current Daily Status for SC and Non-SC/ST Households 263
    • 11A.7 Disparities in Unemployment Rate (CDS) between SCs and Non-SCs/STs (Rural) 264
    • 11A.8 Percentage of Urban Persons of Age 5 Years and above Unemployed according to Current Daily Status 264
    • 11A.9 Disparities in Unemployment Rate (CDS) between SCs and Non-SCs/STs (Urban) 265
    • 12A.1 Government Employment of SCs and Non-SCs/STs (Decadal Average) 266
    • 12A.2 Percentage Share of SCs and Non-SCs/STs to Total Employees in Government Jobs by Category (Excluding Sweepers) 266
    • 12A.3 Percentage Distributions of SC and Non-SC/ST Employees in Government Jobs by Category 267
    • 12A.4 Government Employment of SCs and Non-SCs/STs by Category (Decadal Average) 267
    • 12A.5 Government Employment of SCs and Non-SCs/STs by Category (Decadal Point to Point) 268
    • 12A.6 Percentage Share of SC and Non-SC/ST Employees in PSEs 268
    • 12A.7 Percentage Share of Social Groups to the Total Employees in PSE Jobs by Category (Excluding Sweepers) 268
    • 12A.8 Percentage Distribution of SC and Non-SC/ST Employees in PSEs by Category, 1971–2004 269
    • 12A.9 SC and Non-SC/ST Employment in PSEs (Decadal Point to Point) 270
    • 12A.10 Employments of SCs and Non-SCs/STs in PSEs by Category (Decadal Average) 270
    • 12A.11 Percentage Share of SCs and Non-SCs/STs to the Total Employees in Public Sector Banks 270
    • 12A.12 Employment of SCs and Non-SCs/STs in Public Sector Banks (Decadal Point to Point) 271
    • 12A.13 Employment of SCs and Non-SCs/STs in Public Sector Banks (Decadal Point to Point) 271
    • 12A.14 Percentage Share of SCs and Non-SCs/STs in the Total Number of Employees in Public Sector Banks by Category 271
    • 12A.15 Percentage Distribution of SC and Non-SC/ST Employees in Public Sector Banks by Category (Vertical) 272
    • 12A.16 SC and Non-SC/ST Bank Employees by Category (Decadal Point to Point) 272
    • 12A.17 Public Sector Bank Employment of SCs and Non-SCs/STs by Category (Decadal Average) 273
    • 12A.18 Employment of SCs and Non-SCs/STs in Public Sector Insurance Companies (Point to Point) 273
    • 12A.19 Percentage Share of SCs and Non-SCs/STs in the Total Number of Employees in Public Sector Insurance Companies by Category 273
    • 12A.20 Employment for SCs and Non-SCs/STs in Public Sector Insurance Companies by Category (Point to Point), 1993–2000 273
    • 12A.21 Percentage Distribution of SC and Non-SC/ST Employees in Public Sector Insurance Companies by Category 274
    • 13A.1 Disparity Ratio among Social Groups, 1999–2000 (Rural) 275
    • 13A.2 Rural Poverty Ratio, 1999–2000 275
    • 13A.3 Change in Rural Poverty (Annual Compound Growth Rate), 1983–1999/2000 276
    • 13A.4 Net Change in Disparity Ratio (Rural) 277
    • 13A.5 Economic Characteristics of SCs in High and Low Poverty States, 1999–2000 (Rural) 278
    • 13A.6 Economic Characteristics of Non-SCs/STs in High and Low Poverty States, 1999–2000 (Rural) 280
    • 13A.7 Economic Characteristics—Average Values for High Poverty States (Rural) 282
    • 13A.8 Economic Characteristics—Average Values for Low Poverty States 284
    • 13A.9 Correlation Matrix of Rural Poverty, 1983 285
    • 13A.10 Correlation Matrix of Rural Poverty, 1993–94 286
    • 13A.11 Correlation Matrix of Rural Poverty, 1999–2000 287
    • 13A.12 Regression Results—Factors Affecting Rural Poverty, 1983 288
    • 13A.13 Regression Results—Factors Affecting Rural Poverty, 1993–94 288
    • 13A.14 Regression Results—Factors Affecting Rural Poverty, 1999–2000 289
    • 14A.1 School Attendance Rates by Sex and Social Groups, 1987–88 and 1993–94 290
    • 14A.2 School Dropout Rates for Boys and Girls by Stages of Education and Social Groups, 2002 290
    • 14A.3 State-wise Participation and Coefficient of Equality in Higher Education for SCs 291
    • 15A.1 Distribution of SC Households by the Condition of Occupied Census Houses 292
    • 15A.2 Distribution of Non-SC/ST Households by the Condition of Occupied Census Houses 293
    • 15A.3 Proportion of Households Living in Houses with Pucca Roofs among Social Groups, 2001 295
    • 15A.4 Proportion of Households Living in Houses with Pucca Walls by Social Groups, 2001 297
    • 15A.5 Distribution of Households by Tenure and Social Groups, 2001 298
    • 15A.6 Percentage of SC and Non-SC/ST Households Having Safe Drinking Water, 2001 300
    • 15A.7 Percentage of SC and Non-SC/ST Households Having Toilet Facility, 2001 300
    • 15A.8 Percentage of SC and Non-SC/ST Households Having Electricity, 1991 301
    • 15A.9 Percentage of SC and Non-SC/ST Households Having Electricity Connection, 2001 302
    • 16A.1 Incidence of Crimes Committed against SCs during 2001 303
    • 16A.2 Incidence of Crimes Committed against SCs during 2000 305
    • 16A.3 Incidence of Crimes Committed against SCs during 1999 307

    List of Figures

    • 6.1 Magnitude of Wage Labour between SCs and Non-SCs/STs, 1999–2000 58
    • 6.2 Disparity in Agricultural Labour and Rural Labour, 1999–2000 59
    • 6.3 Rural Labour Households With and Without Land, 1999–2000 60
    • 6.4 Agricultural Labour Households, 1999–2000 60
    • 7.1(a) Level of Employment in Current Daily Status of SCs and Non-SCs/STs (Male) in Rural India, 1999/2000 64
    • 7.1(b) Level of Employment in Current Daily Status of SCs and Non-SCs/STs (Female) in Rural India, 1999/2000 64
    • 7.2(a) Level of Employment in Current Daily Status of SCs and Non-SCs/STs (Male) in Urban India, 1999/2000 65
    • 7.2(b) Level of Employment in Current Daily Status of SCs and Non-SCs/STs (Female) in Urban India, 1999/2000 65
    • 7.3(a) Unemployment Rate of SC and Non-SC/ST Rural Males, 1999/2000 67
    • 7.3(b) Unemployment Rate of SC and Non-SC/ST Rural Females, 1999/2000 67
    • 7.4(a) Unemployment Rate of Different Social Groups (Male)—Urban 68
    • 7.4(b) Unemployment Rate of Different Social Groups (Female)—Urban 68
    • 8.1 Annual Growth of Employment in Reservations of the SCs and the Non-SCs/STs in Central Government Jobs (1960–2000) 73
    • 8.2 Trends of Central Government Employment under Reservations (1970–2003) 74
    • 8.3 Trends of Employment of Social Groups under Reservations in PSEs (1971–2004) 78
    • 8.4 Trends of Employment under Reservations in Public Sector Banks Services (1978–2004) 81
    • 8.5 Trends of Employment of SCs and Non-SCs/STs in the Insurance Sector (1993–2000) 83
    • 9.1 Incidence of Rural Poverty by Social Groups: 1999–2000 87
    • 9.2 Poverty Disparity Ratio between SCs and Non-SCs/STs 88

    List of Abbreviations

    AGVYAmbedkar Gram Vikas Yojna
    ANCAnte-Natal Care
    ARIAcute Respiratory Infection
    AVRYAmbedkar Vishesh Rozgar Yojna
    BCGBacille Calmette-Guérin
    BMIBody Mass Index
    BPLBelow Poverty Line
    BSNLBharat Sanchar Nigam Limited
    CAGRCompound Annual Growth Rate
    CDSCommunity Development Structure
    CDSCurrent Daily Status
    CIILCentral Institute of Indian Languages
    CMRChild Mortality Rate
    CPRCommon Property Resources
    CPWDCentral Public Works Division
    CSSMPChild Survival and Safe Motherhood Programme
    DALYDisability-Adjusted Life Year
    DHSDemographic and Health Survey
    DICDistrict Industrial Centres
    DoEDepartment of Education
    DoFCWDepartment of Family and Child Welfare
    DoHFPDepartment of Health and Family Planning
    DoTDepartment of Telecommunications
    DPEPDistrict Primary Education Programme
    DPTDiphtheria, Pertussis and Tetanus
    DRDirect Recruitment
    DRDADistrict Rural Development Agency
    DWCRADevelopment of Women and Children in Rural Areas
    DWCUADevelopment of Women and Children in Urban Areas
    EASEmployment Assurance Scheme
    EGSEmployment Guarantee Scheme
    EWSEconomically Weaker Section
    EXIMBIExport-Import Bank of India
    GERGross Enrolment Rate
    GICRCGeneral Insurance Corporation Reinsurance Company
    GIPSAGeneral Insurance Public Sector Association
    GKYGanga Kalyan Yojna
    GMHPGovernment Maternal Health Programme
    GNPGross National Product
    IAYIndira Aawas Yojna
    ICDSIntegrated Child Development Services
    ICIInsurance Corporation of India
    IDBIIndustrial Development Bank of India
    IGAIncome Generation Activity
    IIBIARDIndustrial Investment Banks of India for Agriculture and Rural Development
    IIMIndian Institute of Management
    IITIndian Institute of Technology
    IMRInfant Mortality Rate
    IPCIndian Penal Code
    IRDPIntegrated Rural Development Programme
    ITIIndustrial Training Institute
    JGSYJawahar Gram Samridhi Yojna
    JRFJunior Research Fellowship
    JRYJawahar Rozgar Yojna
    JSSJan Shikshan Sansthan
    LCORLiteracy Campaigns and Operation Restoration
    LQLocation Quotient
    MCFMicro Credit Finance
    MDGsMillennium Development Goals
    MDMMid-day Meal
    MHRDMinistry of Human Resource Development
    MLAMember of Legislative Assembly
    MMRMaternal Mortality Ratio
    MoHAMinistry of Home Affairs
    MoIBMinistry of Information and Broadcasting
    MoPMinistry of Planning
    MoRDMinistry of Rural Development
    MoSJEMinistry of Social Justice and Empowerment
    MoWMinistry of Welfare
    MPMember of Parliament
    MPCEMonthly Per Capita Expenditure
    MWSMillion Wells Scheme
    NCAERNational Council of Applied Economic Research
    NCRBNational Crime Records Bureau
    NCSCNational Commission for Scheduled Castes
    NCSCSTNational Commission for Scheduled Castes and Scheduled Tribes
    NCSKNational Commission for Safai Karamcharis
    NCTNational Capital Territory
    NDANational Defence Academy
    NEPNew Economic Policy
    NETNational Eligibility Test
    NFBSNational Family Benefit Scheme
    NFENon-Formal Education
    NFHSNational Family Planning and Health Survey
    NGOnon-governmental organisation
    NHBSIDBINational Housing Bank and Small Industries Development Bank of India
    NIACNew India Assurance Company
    NICNational Insurance Company
    NLBNational Labour Bureau
    NLMNational Literacy Mission
    NMBSNational Maternity Benefit Scheme
    NNMBNational Nutrition Monitoring Board
    NOAPSNational Old Age Pension Scheme
    NOSNational Open School
    NPENational Policy on Education
    NPNSPENational Programme for Nutritional Support to Primary Education
    NPUENational Programme for Universalisation of Education
    NREPNational Rural Employment Programme
    NSAPNational Social Assistance Programme
    NSCFDCNational Scheduled Caste Finance and Development Corporation
    NSCSTFDCNational Scheduled Caste and Scheduled Tribe Finance and Development Corporation
    NSDPNational Slum Development Programme
    NSKFDCNational Safai Karamcharis Finance and Development Corporation
    NSSNational Sample Survey
    NTSENational Talent Search Examination
    NVSNavodaya Vidyalaya Samiti
    OBCOther Backward Caste
    ODEOn Demand Examination
    OICOriental Insurance Company
    ORGOperations Research Group
    ORTPOral Rehydration Therapy Programme
    PHCPrimary Health Centre
    PCR ActProtection of Civil Rights Act
    PETCPre-Examination Training Centre
    PHPPublic Health Programme
    PLPPost Literacy Programme
    PMGAYPradhan Mantri Gramin Awas Yojna
    PMRYPradhan Mantri Rozgar Yojna
    PMSPre-Matric Scholarships
    PNCPost-Natal Care
    POA ActPrevention of Atrocities Act
    PREMPlanning Research Evaluation and Monitoring
    PRIPanchayati Raj Institution
    PSEPublic Sector Enterprise
    PSUPublic Sector Undertaking
    RBIReserve Bank of India
    RCHPReproductive and Child Health Programme
    RECRegional Engineering College
    RLEGPRural Landless Employment Guarantee Programme
    RsIndian Rupees
    SARSchool Attendance Rate
    SBIState Bank of India
    SCScheduled Caste
    SEAself-employed in agriculture
    SCASpecial Central Assistance
    SCDScheduled Caste Division
    SCDCScheduled Caste Development Corporation
    SCPSpecial Component Plan
    SDStandard Deviation
    SDPState Domestic Product
    SEEUYSelf-Employment Scheme for Educated Unemployed Youth
    SENAself-employed in non-agriculture
    SFDCState Finance Development Corporation
    SGRYSampurna Gramin Rozgar Yojna
    SGSYSwaranjayanti Gram Swarozgar Yojna
    SHGSelf Help Group
    SITKRASupply of Improved Tool Kits to Rural Artisan
    SJSRYSwarna Jayanti Shahari Rozgar Yojna
    SRSSample Registration Survey
    SSASarva Siksha Abhiyan
    SSCState Service Commission
    SSSDPState Sector Slum Development Programme
    STScheduled Tribe
    STCStanding Tripartite Committee
    TLCTotal Literacy Campaign
    TRYSEMTraining of Rural Youth for Self-Employment
    TTTetanus Toxoid
    TTDCTraining and Technology Development Centres
    U-5MRUnder-Five Mortality Rate
    UGCUniversity Grants Commission
    UIICUnited India Insurance Company
    UIPUniversal Immunisation Programme
    ULBUrban Local Body
    UNUnited Nations
    UPSCUnion Public Service Commission
    UPSUsual Principal Status
    UPSSUsual Principal and Subsidiary Status
    USEPUrban Self-Employment Programme
    UTUnion Territory
    UWEUrban Wage Employment
    WBWorld Bank
    ZPZila Parishad

    Foreword

    It gives me immense pleasure to introduce the book Dalits in India: Search for a Common Destiny, based on the research undertaken by the Indian Institute of Dalit Studies (IIDS), New Delhi.

    This extensive and well-researched book attempts to explore the status of Dalits in India by comprehensively presenting all-India and state-level analyses of various human development and other correlated indicators. The central and distinguishing features of this book are: first, it deals exclusively with the status of Dalits in India and, second, it locates itself within the framework of exclusion and discrimination. More important, the thematic issues dealt within the book have been substantiated by detailed datasets—from three decadal periods, emanating from the 1980s to the present day—generated from a wide universe of sources, including official sources and micro-level studies.

    The book analyses various aspects and issues related to the deprivation, marginalisation and exclusion of Dalits so as to acquire insights to a comprehensive understanding of the processes and dynamics that exclude, and are causative of, the relative peripheral position of Dalits in India. Interestingly, the book critically engages with various dimensions such as demography, gender, levels and patterns of urbanisation, occupational patterns, ownership of agricultural land, rural labour, employment and unemployment rates, employment under reservation in the public sector, incidence of poverty, literacy and education, health status and access to healthcare facilities, access to civil amenities and status of civil rights.

    Taken together, the literature emanating from this book is extremely rich, insightful and reflective of perspectives that are empirical in nature. It brings to the fore pertinent facets regarding Dalits in India and thus sets out the agenda of engagement for the government as well as for civil society and social science scholarship.

    The analytical insights provided in this book are of immense significance for academia, civil society, government bodies, researchers and laypersons who are concerned with issues related to poverty, social exclusion and marginality.

    Prof. Sukhadeo Thorat, managing trustee of the IIDS, along with all his team members, deserves congratulations for having made this publication possible. I also hope that the IIDS will continue to uphold the traditions of academic rigour and debate in the future.

    MartinMacwan, Chairperson, IIDS

    Preface

    This book presents the situation of Dalits in India with regard to various indicators of human development and related social and economic indicators. It examines dimensions such as demography, gender, levels and patterns of urbanisation, occupational patterns, ownership of income earning assets like agricultural land and business, situation of rural labour, employment and unemployment, employment under the reservations in the public sector, incidence of poverty, literacy and education levels, health status and access to healthcare facilities, access to civil amenities like housing and status of civil rights, with a particular emphasis on untouchability, social discrimination and atrocities.

    This book engages with all possible aspects permitted by the availability of data and in this regard it is the most comprehensive and detailed study to have ever been undertaken on Dalits in India.

    The analysis is based on available official published data, which have been drawn from a wide range of sources and meticulously collated to form the content of the chapters. Specifically, the book draws upon datasets from Census of India, National Sample Surveys on landownership, employment and unemployment, and consumption expenditure. It also utilises the Rural Labour Inquiry reports, which are unique in the sense that they provide data on several aspects of rural labour by social groups from 1974/75 to the present day.

    In case of indicators such as education, health and civic amenities, the book utilises data from Census of India and the National Family Planning and Health Survey reports. For the analysis of the incidence of discrimination and atrocities, the book utilises data emanating from Crime in India reports and substantiates it with additional data from the National Commission of Scheduled Castes and Scheduled Tribes, reports of the Ministry of Social Justice and Empowerment and from some primary studies on caste discrimination and atrocities.

    The history of the publication of official data on the Scheduled Castes and the Scheduled Tribes is marked with certain peculiarities. During the 1980s, the data available on occupational patterns and educational profile were from the Census reports. However, the National Sample Survey also prepared a few isolated reports on landholdings and selected aspects of employment. When I began studies on the socio-economic aspects of Dalits and Adivasis, a limited number of reports had been brought out by the National Sample Survey for the early 1980s and 1990s. My earlier writings were thus based on the analysis of such limited datasets.

    Later, when I joined the Indian Institute of Dalit Studies (IIDS) as its Director, I included the generation of detailed datasets on various aspects of Scheduled Castes and Scheduled Tribes in its core research agenda. Thus, sizeable datasets for this study were generated at IIDS. The IIDS also sponsored some studies, which have been published as working papers of the institute. This study utilises some datasets which were used for the working papers published by the institute. In particular, these include studies done by Prof. P.M. Kulkarni and Dr Vijay Barik on health and by Prof. Sachidanand Sinha on education and civic amenities like water and housing.

    A number of researchers at IIDS have enabled the development of datasets and written working papers. I would, therefore, like to specifically put on record their direct or indirect contribution towards the preparation of this book. In the early stages, Dr Vijay Barik helped us build datasets on health. Motilal Mahamallik helped in developing several datasets, but specifically on landownership. Dr Umakant helped build data on the incidence of discrimination, untouchability and atrocities. The datasets on reservation in public employment were built as part of a study undertaken by Dr Chittaranjan Senapati. While delving into access to health and healthcare facilities, I have utilised the information assembled in the IIDS working paper by Dr Vijay Barik and Prof. P.M. Kulkarni. Similarly, while assessing civic amenities such as access to drinking water and housing, the working paper prepared by Prof. Sachidanand Sinha was used. Thus, the initial work that I undertook for the 1980s was extended upto 1990s and 2000s, while the latter work drew upon datasets generated at IIDS. Prashant Negi meticulously put together the scattered materials into some coherent form. It was later revised with help from Dr Smita Sirohi. In that sense, this book is an outcome of the collective efforts of researchers at IIDS as well as those who undertook research for IIDS.

    I would, therefore, like to appreciate the contributions made by Dr Vijay Barik, Dr Umakant, Motilal Mahamallik, Prof. P.M. Kulkarni, Prof. Sachidanand Sinha, Dr Chittaranjan Senapati, Prashant Negi and Dr Smita Sirohi in various ways.

    Dr Nidhi Sadana and Amit helped in proof-reading the draft of the manuscript. I thank them for their timely support.

    I would also like to thank Pramod Kumar Dabral and Narendra Kumar for typing the manuscript and preparing the tables.

    The available data and other research inputs were put together under a project sponsored by the Ministry of Social Justice and Empowerment, Government of India. I thank the ministry, particularly Raja Sekhar Vundru, who was instrumental in suggesting that IIDS should come out with such a work.

    This book was put together by the publications and dissemination unit of IIDS, which is supported by Christian Aid (India). I am thankful to Dr Belinda Bennett and Anand Kumar Bolemira of Christian Aid (India) who supported the establishment of the publication unit.

    This book, besides presenting the present status of Dalits in India, also studies the changes in their situation with respect to a number of socio-economic indicators of human development. It encapsulates the changes in disparities among Dalits and other social groups in India and, finally, comes up with suggestions for the improvement in their situation. I am hopeful that this comprehensive study will be useful to researchers, students, policymakers, funding organisations and others in their respective areas of engagement.

    Finally, I am thankful to SAGE Publications for taking the initiative of publishing this book.

  • Annexure I: List of Presidential Orders, 1950–78

    The SCs referred to in Article 341 (1) have been specified in the following Orders and Acts:

    Sr. No.Acts/OrdersYear
    1.The Constitution (Scheduled Castes) Order1950
    2.The Constitution (Jammu and Kashmir) Scheduled Castes Order1956
    3.The Bombay Reorganisation Act1960
    4.The Constitution (Dadra and Nagar Haveli) Scheduled Castes Order1962
    5.The Constitution (Pondicherry) Scheduled Castes Order1964
    6.The Punjab Reorganisation Act1966
    7.The Constitution (Goa, Daman and Diu) Scheduled Castes Order1968
    8.The State of Himachal Pradesh Act1970
    9.The North-Eastern Areas (Reorganisation) Act1971
    10.The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act1976
    11.The Constitution (Sikkim) Scheduled Castes Order1978
    Source: Goswami, B. 2003. Constitutional Safeguards for Scheduled Castes and Scheduled Tribes, (pp. 38–39). Jaipur and New Delhi: Rawat Publications.

    Annexure II: Special Constitutional Provisions for the Protection and Development of Scheduled Castes

    The Constitution of India contains provisions that guarantee certain minimum rights to be enjoyed by every citizen. It also contains duties of the state for the socio-economic development of the backward classes, especially Scheduled Castes (SCs) and Scheduled Tribes (STs). The rights are guaranteed under fundamental rights contained in Part III of the Constitution and the duties of the state are envisaged by the directive principles of state policy under Part IV of the Constitution. Article 46 under directive principles of the state policy makes the following provisions:

    The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from all social injustice and all forms of exploitation.

    To achieve the objectives enshrined in the Preamble to the Constitution and to accelerate the development of the weaker sections of society, especially SCs and STs, certain safeguards and protective measures have been provided in the Constitution so as to bring these communities at par with the mainstream.

    Who constitute the SCs is defined under Article 366 (24) of the Constitution. The identification and notification of SCs is contained in Article 341 of the Constitution.

    The following are the various constitutional safeguards for SCs.

    Part III, Fundamental Rights, Right to Equality
    Article 14: Equality before Law

    ‘The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.’

    A tangible distinction was made by the Supreme Court between the two phrases ‘equality before the law’ and ‘equal protection of the laws’:

    All persons are equal before the law is fundamental of every civilized Constitution. Equality before the law is a negative concept; equal protection of laws is a positive one. The former declare that everyone is equal before law, that no one can claim privileges and all classes are equally subjected to the ordinary law of the land; the latter postulates an equal protection of all alike in the same situation and under like circumstances.

    Article 15: Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex or Place of Birth
    • The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
    • No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
    • Nothing in this article shall prevent the State from making any special provision for women and children.
    • Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
    Article 16: Equality of Opportunity in Matters of Public Employment
    • There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
    • No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
    • Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union Territory, any requirement as to residence within that State or Union Territory prior to such employment or appointment.
    • Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
      • Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes, which, in the opinion of the State, are not adequately represented in the services under the State.
      • Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent reservation on total number of vacancies of that year.
    • Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.
    Article 17: Abolition of Untouchability

    ‘“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability rising out of “Untouchability” shall be an offence punishable in accordance with law.’

    Part III, Fundamental Rights, Right to Freedom
    Article 19: Protection of Certain Rights regarding Freedom of Speech, Etc.
    • All citizens shall have the right
      • to freedom of speech and expression;
      • to assemble peaceably and without arms;
      • to form associations or unions;
      • to move freely throughout the territory of India;
      • to reside and settle in any part of the territory of India; and
      • to practice any profession, or to carry on any occupation, trade or business.
    • Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
    • Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.
    • Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.
    • Nothing in sub-clauses (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.
    • Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to (i) the professional or technical qualifications necessary for practicing any profession or carrying on any occupation, trade or business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.
    Part III, Fundamental Rights, Right against Exploitation
    Article 23: Prohibition of Traffic in Human Beings and Forced Labour
    • Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
    • Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.
    Part III, Fundamental Rights, Right to Freedom of Religion
    Article 25: Freedom of Conscience and Free Profession, Practice and Propagation of Religion
    • Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
    • Nothing in this article shall affect the operation of any existing law or prevent the State from making any law
      • Regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
      • Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

    Explanation II: In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

    Part III, Fundamental Rights, Cultural and Educational Rights
    Article 29: Protection of Interests of Minorities
    • Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
    • No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
    Part III, Fundamental Rights, Right to Constitutional Remedies
    Article 35: Legislation to Give Effect to the Provisions of This Part

    Notwithstanding anything in this Constitution,

    • Parliament shall have, and the Legislature of a State shall not have, power to make laws
      • with respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament.
    Part IV, Directive Principles of State Policy
    Article 36: Definition

    In this Part, unless the context otherwise requires, ‘the State’ has the same meaning as in Part III.

    Article 37: Application of the Principles Contained in This Part

    The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

    Article 38: State to Secure a Social Order for the Promotion of Welfare of the People
    • The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
    • The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.
    Article 46: Promotion of Educational and Economic Interests of Scheduled Castes, Scheduled Tribes and other Weaker Sections

    The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

    Part VI, the States, the Executive (Council of Ministers)
    Article 164: Other Provisions as to Ministers

    Provided that in the States of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.

    Part XIV, Services under the Union and the States, Public Service Commissions
    Article 320 A: Functions of Public Service Commissions

    Consultation with Public Service Commission not necessary as regards the manner of giving effect to safeguards for Scheduled Castes/Scheduled Tribes as referred to clause (4) of article 16.

    Part XVI, Special Provisions Relating to Certain Classes
    Article 330: Reservation of Seats for Scheduled Castes and Scheduled Tribes in the House of the People
    • Seats shall be reserved in the House of the People for
      • the Scheduled Castes …
    • The number of seats reserved in any State (or Union Territory) for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State (or Union Territory) in the House of the People as the population of the Scheduled Castes in the State (or Union Territory) or of the Scheduled Tribes in the State (or Union Territory) or part of the State (or Union Territory), as the case may be, in respect of which seats are so reserved, bears to the total population of the State (or Union Territory).

    Explanation: In this article and in article 332, the expression ‘population’ means the population as ascertained at the last preceding census of which the relevant figures have been published:

    Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.

    Article 332: Reservation of Seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States
    • Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, except the Scheduled Tribes in the autonomous districts of Assam, in the Legislative Assembly of every State.
    • Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam.
    • The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of any State under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears to the total population of the State.
    Article 334: Reservation of Seats and Special Representation to Cease after [Sixty Years, at Present the Reservations Have Been Extended Upto 2010]

    Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to

    • the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States … shall cease to have effect on the expiration of a period of [sixty years] from the commencement of this Constitution:

      Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be.

    Article 335: Claims of Scheduled Castes and Scheduled Tribes to Services and Posts

    The claims of the members of the Scheduled Castes and Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.

    Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State.

    Article 338: National Commission for Scheduled Castes and Scheduled Tribes
    • There shall be a Commission for the Scheduled Castes and Scheduled Tribes to be known as the National Commission for the Scheduled Castes and Scheduled Tribes.
    • Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and five other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.
    • The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.
    • The Commission shall have the power to regulate its own procedure.
    • It shall be the duty of the Commission
      • to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
      • to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes and Scheduled Tribes;
      • to participate and advise on the planning process of socio-economic development of the Scheduled Castes and Scheduled Tribes and to evaluate the progress of their development under the Union and any State;
      • to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
      • to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes and Scheduled Tribes; and
      • to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes and Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
    • The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.
    • Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.
    • The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely—
      • summoning and enforcing the attendance of any person from any part of India and examining him on oath;
      • requiring the discovery and production of any document;
      • receiving evidence on affidavits;
      • requisitioning any public record or copy thereof from any court or office;
      • issuing commissions for the examination of witnesses and documents;
      • any other matter which the President may, by rule, determine.
    • The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes and Scheduled Tribes.
    • In this article, references to the Scheduled Castes and Scheduled Tribes shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of article 340, by order specify and also to the Anglo-Indian community.
    Article 341: Scheduled Castes
    • The President [may with respect to any State [or Union Territory], and where it is a State, after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State [or Union territory, as the case may be].
    • Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
    Part XIX, Miscellaneous
    Article 366: Definitions

    In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say …

    (23) ‘Schedule’ means a Schedule to this Constitution;

    (24) ‘Scheduled Castes’ means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes for the purposes of this Constitution.

    Sources:

    Annexure III: The Protection of Civil Rights Act and Rules

    The Protection of Civil Rights Act, 1955

    (Act No. 22 of 1955)

    [8 May 1955]

    An Act to prescribe punishment for the preaching and practice of ‘untouchability’ for the enforcement of any disability arising therefrom and for matters connected therewith.

    Be it enacted by Parliament in the Sixth Year of the Republic of India as follows:

    Notes

    This is an important legislation in the direction of protecting civil rights of Dalits.

    The Act accords civil and social rights and prescribes penal offences in respect of breach of the same.

    The provisions of the Constitution as well as the Act seek to serve a threefold purpose:

    • outlawed the disabilities to which Dalits are subjected to,
    • they are made an offence under the Act, and
    • provided rights enforceable as civil rights.

    Untouchability no longer exists and is not valid after 26–1–1950. Enforcement of untouchability is a crime against human rights and Constitution entails the wrong doer with punishment.

    Persons violating positive right in favour of Dalits are liable to punishment under the Act. [State of Karnataka v. Appu Balu Ingale 1995 Supp (4) SCC 469; AIR 1993 S.C. 1126 (S.C)]

    Short Title, Extent and Commencement
    • This Act may be called the protection of Civil Rights Act 1955.
    • It extends to the whole of India.
    • It shall come into force on such date, as the Central Government may, by notification in the official Gazette, appoint.
    Definitions

    In this Act, unless the context otherwise requires

    • ‘civil rights’ means any right accruing to a person by reason of the abolition of ‘untouchability’ by Article 17 of the Constitutions;
    • ‘hotel’ includes a refreshment room, a boarding house, a lodging house, a coffeehouse and a cafe;
    • ‘place’ includes a house, building and other structure and premises; and also includes a tent, vehicle and vessel;
    • ‘place of public entertainment’ includes any place to which the public are admitted and in which an entertainment is provided or held.

      Explanation: ‘Entertainment’ includes any exhibition, performance, game, sport and any other form of amusement;

    • (d) ‘place of public worship’ means a place, by whatever name known, which is used as a place of public religious worship or which is dedicated generally to, or is used generally by, persons professing any religion or belonging to any religious denomination or any section thereof, for the performance of any religious service, or offering prayers therein [and includes-
      • all lands subsidiary shrines appurtenant or attached to any such place;
      • a privately owned place of worship which is, in fact, allowed by the owner thereof to be used as place of public worship; and
      • such land or subsidiary shrine appurtenant to such privately owned place of worship as is allowed by the owner thereof to be used as a place of public religious worship;
      • ‘prescribed’ means prescribed by rules made under this Act;
      • ‘Scheduled Castes’ has the meaning assigned to it in clause 24 of Article 366 of the Constitution;
    • ‘shop’ means any premises where goods are sold either wholesale or by retail or both wholesale and by retail and includes–any place from where goods are sold by a hawker or vendor or from a mobile van or cart, a laundry and a hair-cutting saloon, any other place where services are rendered to customers]
    Punishment for Enforcing Religious Disabilities

    Whoever on the ground of ‘untouchability’ prevents any person

    From entering any place of public worship which is open to other persons professing the same religion of any sections thereof, as such person; or from worshipping or offering prayers or performing any religious service in any place of public worship, or bathing in or using the waters of, any sacred tank, well, spring or watercourse [river or lake or bathing at any ghat of such tank, water course, river or lake] in the same manner and to the same extent as is permissible to the other persons professing the same religion or any section thereof, as such person;

    [Shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than hundred rupees and not more than five hundred rupees].

    Explanation: For the purpose of this section and Sec. 4, persons professing the Buddhist, Sikh or Jaina religion or person professing the Hindu religion in any of its forms or developments including Virashaivas, Lingayats, Adivasis, followers of Brahmo, Pratrthana, Arya Samaj and the Swaminarayan, Sanpraday shall be deemed to be Hindus.

    Punishment for Enforcing Social Disabilities

    Whoever on the ground of ‘untouchability’ enforces against any person any disability with regard to

    • access to any shop, public restaurant, hotel or place of public entertainment; or
    • the use of any utensils, and other articles kept in any public restaurant, hotel, dharamashala, sarai or musafirkhana for the use of the general public or of [any section thereof]; or
    • the practice of any profession or the carrying on of any occupation, trade or business [or employment in any job]; or
    • the use of, or access to, any river stream, spring, well, tank, cistern, water tap or other watering place, or any bathing ghat, burial or cremation ground any sanitary convenience, any road, or passage, or any other place of public resort which other members of the public, or [any section thereof] have a right to use or have access to; or
    • the use of, or access to any place used for a charitable or a public purpose maintained wholly or partly out of State funds or dedicated to the use of the general public or [any section thereof];or
    • the employment of any benefit under a charitable trust created for the benefit to the general public or of [any section thereof]; or
    • the use of, or access to any public conveyance; or
    • the construction, acquisition, or occupation of any residential premises in any locality, whatsoever; or
    • the use of any dharamashala, sarai or musafirkhana, which is open to the general public, or to [any section thereof], or
    • the observance of any social or religious custom, usage or ceremony or [taking part in, or taking out any religious, social or cultural procession]; or
    • the use of jewellery and finery;
    • shall be punishable within imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more five hundred rupees.
    • [Explanation: For the purpose of this section, ‘enforcement of any disability’ includes any discrimination on the ground of ‘untouchability’.]
    Notes

    Mens Rea is not an essential element in social disability legislation like this Act.

    In this case, accused persons prevented by show of force and threat the party of complaints who are Harijans from taking water from a newly dug borewell. The evidence was consistent and learned Magistrate conceited respondent accused under S. 4 and sentenced each of them to S. 2 for one month and fine of Rs 100/-. Sessions Court confirmed the conviction, but High Court in revision acquitted them. In this appeal, Supreme Court set aside the judgement of the High Court and resorted that of Session Court.

    In appeal, Supreme Court held that the High Court erred in interfering with concurrent findings of fact recorded by the Court below. It is not open to High Court, ordinarily, to re-appreciate evidence in its revisional jurisdiction. The social disability of the Harijan community was enforced on a threat of using a gun. It is proved that the complainants were stopped from taking water from the well on the ground that they were untouchables.

    (State of Karnataka v. Appa Balu Ingale 1995 Supp (4) SCC 469; AIR 1993 SC 1126)

    Punishment for Refusing to Admit Persons to Hospital, Etc.

    Whoever on the ground of ‘untouchability’:

    refuses admission to any persons to any hospital, dispensary, education institution or any hostel if such hospitals, dispensary, educational institutions or any hostel is established or maintained for the benefit of the general public or any section thereof; or

    does any act which discriminates against any such person after admission to any of the aforesaid institution;

    [shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees]

    Punishment for Refusing to Sell Goods or Render Services

    Whoever on the ground of ‘untouchability’ refuses to sell any goods or refuses to render any service to any person at the same time and place and on the same terms and conditions at or which such goods are sold or services are rendered to other persons in the ordinary course of business.

    [shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less one hundred rupees and not more than five hundred rupees]

    Punishment for other Offences Arising Out of ‘Untouchability’
    • Whoever—
      • prevents any person from exercising any right accruing to him by reason of the abolition of ‘untouchability’ under Art. 17 of the Constitution; or
      • molests, injures, annoys, obstructs or causes or attempts to cause obstruction to any person in the exercise of any such right or molests, injures, annoys or boycotts any person by reason of his having exercised any such right; or
      • by words, either spoken or written, or by signs or by visible representations or otherwise, incites or encourages any person or class of persons or the public generally to practice ‘untouchability’ in any form whatsoever, [or]
      • [insults or attempts to insult, on the ground of ‘untouchability’ a member of scheduled caste],
      • [shall be punishable with imprisonment for a term of not less than one month and not more than six months, and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees].
      • [Explanation I]: A person shall be deemed to boycott another person who refuses to let to such other person or refuses to permit such other person, to use or occupy any house or land or refuses to deal with, work for hire for, or do business with, such other person or to render to him or receive from him any customary service, or refuses to do any of the said things on the terms which such things would be commonly done in the ordinary course of business; or
      • abstains from such social, professional or business relations as he would ordinarily maintain with such other person.
      • [Explanation II]: For the purpose of clause (c) a person shall be deemed to incite or encourage the practice or ‘untouchability’—
      • if he, directly or indirectly, preaches ‘untouchability’ or its practice in any form; or
      • if he justifies, whether on historical, philosophical or religious ground or on the ground of any tradition of the caste or any other ground, the practice of ‘untouchability’ in any form]
      • [(1-A) Whoever commits any offence against the person or property of any individual as reprisal or revenge for his having exercised any right accruing to him by reason of the abolition of ‘untouchability’ under Art. 17 of the Constitution; shall, where the offence is punishable with imprisonment for a term exceeding two years, be punishable with imprisonment for term which shall not be less than two years and also with fine]
    • Whoever—
      • denies to any person belonging to his community or and section thereof any right or privilege to, which person would be entitled as a member of such community or section, or
      • takes any part in the ex-communication of such person, on the ground that such person has refused to practice ‘untouchability’ that such person has done any act in furtherance of the objects of this Act,
      • [shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.]
    Notes

    In this case, allegation against accused persons is that they stated that they would not take their meals at the house of the complainant as Harijans were also invited for meals. The evidence was found to be not consistent, and the accused were acquitted. High Court however convicted them and hence appeal to the Supreme Court. Supreme Court set aside the conviction and acquitted the accused by observing that the Trial Court was justified in recording acquittal and that well merited order ought not to have been set-aside in appeal against acquittal.

    (Sriniwas v. Duri Chand (1977) 7 SCC 552)

    Unlawful Compulsory Labour When to Be Deemed to Be Practice of ‘Untouchability’
    • Whoever compels any person, on the ground of ‘untouchability’ to do any scavenging or sweeping or to remove any carcass or to flay any animal or to remove the umbilical cord or to do any other job of a similar nature, shall be deemed to have enforced a disability arising out of a ‘untouchability’.
    • Whoever is deemed under sub-section (1) to have enforced a disability arising out of ‘untouchability’ shall be punishable with imprisonment for a term which shall not be less than three months and not more than six months and also with fine which shall not be less than one hundred rupees and not more than five hundred rupees.

    Explanation: For the purpose of this section, ‘Compulsion’ includes a threat of social or economic boycott.

    Cancellation or Suspension of Licenses in Certain Cases

    When a person who is convicted of an offence under Sec. 6 holds any license under any law for the time being in force in respect of any profession, trade, calling or employment in relation to which the offence is committed, the Court trying the offence may, without prejudice to any other penalty to which such person may be liable under that section, direct that the license shall stand cancelled or be suspended for such period as the Court may deem fit, and every order of Court so cancelling or suspending a license shall have effect as if it had been passed by the authority competent to cancel or suspend the license under any such law.

    Explanation: In this section, ‘license’ includes a permit or permission.

    Resumption or Suspension of Grants Made by Government

    Where the manager or trustee of a place of public worship [or any educational institution or hostel] which is in receipt of a grant of land or money from the Government is convicted of an offence under this Act and such conviction is not reversed or quashed in any appeal or revision, the Government may, if in its opinion the circumstances of the case warrant such a course, direct the suspension of the whole or resumption of the whole or any part of such grant.

    Abetment of Offence

    Whoever abets any offence under this Act shall be punishable with the punishment provided for the offence.

    Explanation: A public servant who wilfully neglects the investigation of any offence punishable under this Act shall be deemed to have abetted an offence punishable under this Act.

    Power of State Government to Impose Collective Fine
    • If, after an inquiry in the prescribed manner, the State Government is satisfied that the inhabitants of an area concerned in, or abetting the commission of, any offence punishable under this Act or harbouring persons concerned in the commission of such offence or failing to render all the assistance in their power to discover or apprehend the offenders or suppressing material evidence of the commission of such offence, the State Government may, by notification in the Official Gazette, impose a collective fine on such inhabitants and apportion such fine amongst the inhabitant who are liable collectively to pay it, and such apportionment shall be made according to the State Government's judgement of the respective means of such inhabitants and in making any such apportionment the State Government may assign a portion of such fine to a Hindu undivided family to be payable by it:

      Provided that the fine apportioned to an inhabitant shall not be realised until the petition, if any, filed by him under sub-section (3) is disposed off.

    • The notification made under sub-section (1) shall be proclaimed on the area by beat of drum or in such other manner as the State Government may think best in the circumstances to bring the imposition of the collective fine to the notice of the inhabitants of the said area.
    • (a) Any person aggrieved by the imposition of the collective fine under sub-section (1) or by the order or apportionment, may, within the prescribed period, file a petition before the State Government or such other authority as that Government may specify in this behalf for being exempted from such fine or for modification of the order of apportionment: Provided that no fees shall be charged for filing such petition.

      (b) The State Government or the authority specified by it shall, after giving to the petitioner a reasonable opportunity of being heard, pass such order as it may think fit: Provided that the amount of the fine exempted or reduced under this section shall not be realisable from any person, and the total fine imposed on the inhabitants of an area under sub-section (1) shall be deemed to have been reduced to that extent.

    • Notwithstanding anything contained in sub-section (3), the State Government may exempt the victims of any offence punishable under this Act or any person who does not, in its opinion, fall within the category of persons specified in sub-section (1), from the liability to pay the collective fine imposed under sub-section (1) or any portion thereof.
    • The portion of collective fine payable by any person (including a Hindu undivided family) may be recovered in the manner provided by the Court of Criminal Procedure, 1973 (2 of 1974), for the recovery of fines imposed by a court as if such portion were a fine imposed by a Magistrate.
    Enhanced Penalty on Subsequent Conviction

    Whoever having already been convicted of an offence under this Act or of an abatement of such offence is again convicted of any offence of abatement, shall, on conviction, be punishable-

    • for the second offence, with imprisonment for a term of not less than six months and not more than one year, and also with fine which shall be not less than two hundred rupees and not more than five hundred rupees;
    • for the third offence or any offence subsequent to the third offence with imprisonment for a term of not less than one year and not more than two years, and also with fine which shall be not less than five hundred rupees and not more than one thousand rupees.
    Presumption by Courts in Certain Cases

    Where any act constituting an offence under this Act is committed in relation to a member of a Scheduled Caste the Court shall presume, unless the contrary is proved, that such act was committed on the ground of ‘untouchability’.

    Limitation of Jurisdiction of Civil Courts
    • No Civil Courts shall entertain or continue any suit or proceeding or shall pass any decree or execute wholly or partially any decree or order or if the claim involved in such suit or proceeding or if the passing of such decree or order if such execution would in any way be contrary to the provisions of this Act.
    • No Court shall, in adjudicating any matter or executing any decree or order, recognise any custom or usage imposing any disability on any person on the ground of ‘untouchability’.
    Offences by Companies
    • If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

      Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

    • Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent of any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

    Explanation: For the purposes of this section, ‘company’ means any body corporate and includes a firm or other association of individuals; and ‘director’ in relation to a firm means a partner in the firm.

    Protection of Action Taken in Good Faith
    • No suit, prosecution or other legal proceeding shall lie against the Central Government or a State Government for anything which is in good faith done or intended to be done under this Act.
    • No suit or other legal proceeding shall lie against the Central Government or a State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.
    Offences to Be Cognizable and Triable Summarily
    • Not withstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be cognized and every such offence, except where it is punishable with imprisonment for a minimum term exceeding three months, may be tried summarily by a Judicial Magistrate of the first class or in a metropolitan area by a Metropolitan Magistrate in accordance with the procedure specified in the said Code.
    • Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), when any public servant is alleged to have committed the offence of abatement of an offence punishable under this Act while acting of purporting to act in the discharge of his official duty, no Court shall take congnizance of such offence of abatement except with the previous sanction of the Central Government in the case of a person employed in connection with the affairs of the Union; and of the State Government in the case of a person employed in connection with the affairs of a State.
    Duty of State Government to Ensure That the Rights Accruing from the Abolition of ‘Untouchability’ May Be Availed of by the Concerned Person
    • Subject to such rules as the Central Government may make in this behalf, the State Government shall take such measures as may be necessary for ensuring that the rights arising from the abolition of ‘untouchability’ are made available to, and are availed of by, the person subject to any disability arising out of ‘untouchability’.
    • In particular, and without prejudice to the generally of the provisions of sub-section (1), such measures may include-
      • the provision of adequate facilities, including legal aid to the persons subjected to any disability arising out of ‘untouchability’ to enable them to avail themselves of such rights;
      • the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this Act;
      • the setting up of special Courts for the trial of offences under this Act;
      • the setting up of committees at such appropriate levels as the State Government may think fit to assist the State Government in formulating or implementing such measures;
      • provision for a periodic survey of the working of the provisions of this Act with a view to suggesting measures for the better implementation of the provisions of this Act;
      • the identification of the area where persons are under any disability arising out of ‘untouchability’ and adoption of such measures as would ensure the removal of such disability from such areas.
    • The Central Government shall, take such steps as may be necessary to coordinate the measures taken by the state governments under sub-section (1).
    • The Central Government shall, every year, place on the table of each House of Parliament, a report on the measures taken by itself and by the State Government in pursuance of the provisions of this section.]
    Act to Override other Laws

    Save as otherwise expressly provided in this Act the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or any custom or usage or any instrument having effect by virtue of any such law or any decree or order of any Court or other authority.

    Probation of Offenders Act, 1958, Not to Apply to Person above the Age of Fourteen Years

    The provisions of the Probation of Offenders Act, 1958 (20 of 1958), shall not apply to any person above the age of fourteen years who is found guilty of having committed any offence punishable under this Act.

    Power to Make Rules
    • The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
    • Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive session aforesaid, both House agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of any thing previously done under that rule.
    Repeal

    The enactments specified in the schedule are hereby repealed to the extent to which they or any of the provisions contained therein correspond or are repugnant to this Act or to any of the provisions contained therein.

    The Schedule

    [See. Sec. 17]

    • The Bihar Harijan (Removal of Civil Disabilities) Act 1949 (Bihar Act XIX of 1949).
    • The Bombay Harijan (Removal of Social Disabilities) Act, 1946 (Bombay Act X of 1947).
    • The Bombay Harijan Temple Entry Act, 1947 (Bombay Act XXXV of 1947).
    • The Central Provinces and Berar Scheduled Castes (Removal of Civil Disabilities) Act, 1947 (Central Provinces and Berar Act XXIV of 1947).
    • The Central Provinces and Berar Temple Entry Authorization Act, 1948 (Central Provinces and Berar Act XLI of 1947).
    • The East Punjab (Removal of Religious and Social Disabilities) Act, 1948 (East Punjab Act XVI of 1948).
    • The Madras Removal of Civil Disabilities Act, 1938 (Madras Act XXXI of 1938).
    • The Orissa Removal of Civil Disabilities Act, 1946 (Orissa Act XI of 1946).
    • The Orissa Temple Entry Authorization Act, 1948 (Orissa Act XI of 1948).
    • The United Provinces Removal of Social Disabilities Act, 1947 (U.P. Act XVI of 1947).
    • The West Bengal Hindu Social Disabilities Removal Act, 1948 (West Bengal Act XXXVII of 1948).
    • The Hyderabad Harijan Temple Entry Regulations, 1358-F (No. LV of 1358 Fasli).
    • The Hyderabad Harijan (Removal of Social Disabilities) Regulations, 1358-F (No. LV I of 1358 Fasli).
    • The Madhya Bharat Harijan Ayogta Nivaran Vidhan, Samvat 2005 (Madhya Bharat Act No. 15 of 1949).
    • The Removal of Civil Disabilities Act, 1943 (Mysore Act XLII of 1943).
    • The Mysore Temple Entry Authorization Act, 1948 (Mysore Act XIV of 1948).
    • The Saurashtra Harijan (Removal of Social Disabilities) Ordinance (No. XL of 1948).
    • The Travancore-Cochin Removal of Social Disabilities Act, 1125, (Travancore-Cochin Act VIII of 1125).
    • The Travancore-Cochin Temple Entry (Removal of Disabilities) Act, 1950 (Travancore-Cochin Act XXVII of 1950).
    • The Coorg Scheduled Castes (Removal of Civil and Social Disabilities) Act, (Coorg Act I of 1949).
    • The Coorg Temple Entry Authorization Act, 1949 (Coorg Act II of 1949).
    Protection of Civil Rights Rules, 1977

    S.O. 3006, dated the 15 September 1977

    In exercise of the powers conferred by Sec. 16-B of the Protection of Civil Rights Act, 1955 (22 of 1955), the Central Government hereby makes the following rules, namely:

    Short Title and Commencement
    • These rules may be called the Protection of Civil Rights Rules, 1977.
    • They shall come into force on the date of their publication in the Official Gazette.
    Definitions

    In these rules, unless the context otherwise requires, ‘Act’ means the Protection of Civil Rights Act, 1955 (22 of 1955); ‘section’ means a section of the Act.

    Manner of Inquiry under Sub-Section (1) of Sec. 10-A

    The State Government may appoint an officer not below the rank of a Sub-Divisional Magistrate for the purpose of making an inquiry referred to in sub-section (1)

    • Of Sec. 10-A.
    • The Officer appointed under sub-rule (1) (hereinafter in this rule referred to as the inquiry officer) shall issue a public notice specifying the date, time, place and the purpose of such inquiry and calling upon all residents of the area in respect of which the inquiry is to be held to furnish such information and materials including documents in their possession, as may be relevant for the purposes of the inquiry.
    • The public notice referred to in sub-rule (2) shall be in the local language or languages of the area and the same shall be published on the notice-board in the offices of the District Magistrate, the District Superintendent of police, the Village Panchayat or Municipal Committee of the area and such other places as the inquiry officer deems fit and at least in one daily newspaper circulating in the area; and

      Proclaimed in the area by beat of drum or in such other manner as the inquiry officer may think best in the circumstance to bring the contents of the public notice to the notice of the inhabitants of the area.

    • The inquiry officer, while making such inquiry shall follow as nearly as practicable, the procedure for summary trials including the recording of evidence as laid down in Chapter XXI of the Code of Criminal Procedure, 1973 (2 of 1974).
    • The inquiry officer shall complete the inquiry as expeditiously as possible and submit his report to the State Government within such period, not exceeding six weeks, as may be specified by the State Government in the order appointing the inquiry officer:

      Provided that the State Government may having regard to the nature of the inquiry extend the period of submission of the report by such period, not exceeding two months in total, as it may consider necessary.

    Period for Filing a Petition under Sub-Section (3) of Sec. 10-A

    Any person aggrieved by the imposition of a collective fine under sub-section (1) of Sec. 10-A or by the order of apportionment, may within a period of thirty days from the date of proclamation of the notification and under sub-section (2) of that section, file a petition before the State government or the authority specified by it:

    Provided that where the State Government or the authority, as the case may be, may entertain the petition after the expiry of the said period if it is satisfied that the petitioner was prevented by sufficient cause from filing the petition in time.

    Reports by the State Government

    Every State Government shall, for the purpose of enabling the Central Government to place the report referred to in sub-section (4) of Sec. 15-A, on the Table of each House of Parliament, furnish to that Government before the 15th day of February, each year a summary of the measures taken by it under sub-sections (1) and (2) of that section during the proceeding calendar year and shall also furnish other information as may be required by the Central Government from time to time.

    Source: Commission for Schedule Castes and Schedule Tribes. 1985. Report of Commission for Schedule Castes and Schedule Tribes, 1984–85.

    Annexure IV: The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

    No. 33 of 1989

    (11th September 1989)

    An Act to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such offence and for relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto.

    Be it enacted by Parliament in the Fortieth year of the Republic of India as follows:

    Chapter I
    Preliminary
    Short Title, Extent and Commencement
    • This Act may be called the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
      • It extends to the whole of India except the State of Jammu and Kashmir.
      • It shall come into force on such date as the Central Government may by notification in the Official Gazette, appoint.
    Comments

    The Act is ‘special law’ and penal in character.

    It extends to all the States (except the State of Jammu and Kashmir) and the Union Territories.

    Though it came on the Statute Book on 11-9-1989, the Central Government brought it into force with effect on 30-1-1990 vide S.O. 106(E) dated 29-1-1990.

    A notification issued in exercise of the power conferred by an Act has the force of law and must be read along with the Act.

    [the Sub-Divisional Reforms Officer v. M/s. Urchara Forest & Fisheries Ltd., AIR 1980 Calcutta 61].

    Definitions: (1) In the Act, unless the context otherwise requires, ‘atrocity’ means an offence punishable under Section 3.

    Comments

    ‘Atrocity’ is any of the offences punishable under Section 3 of the Act. Though ‘neglect of duties’ is an offence punishable under Section 4 thereof, it does not come within the definition of ‘atrocity’. Section 3 mentions 44 kinds of atrocities.

    ‘Code’ means the Code of Criminal Procedure, 1973 (2 of 1974); ‘Scheduled Castes and Scheduled Tribes’ shall have the meanings assigned to them respectively under clause (24) and clause (25) of article 366 of the Constitution.

    Comments

    The President has made

    • The Constitution (Scheduled Castes) Order, 1950 (C.O. 19) and various other Orders; and
    • The Constitution (Scheduled Tribes) Order, 1950 (C.O. 22) and various other Orders,
    • Which contain the lists of Scheduled Castes and Scheduled Tribes.

    ‘Special Court’ means a Court of Session specified as a Special Court in Section 14; ‘Special Public Prosecutor’ means a Public Prosecutor specified as a Special Public Prosecutor or an advocate referred to in Section 15; words and expressions used but not defined in this Act and defined in the Code or the Indian Penal Code (45 of 1860) shall have the meanings assigned to them respectively in the Code, of as the case may be, in the Indian Penal Code.

    Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment of such provision is not in force, be construed as a reference to the corresponding law, if any, in force in that area.

    Comments

    Interpretation must depend on the text and the context.

    [Reserve Bank of India v. Peerless General Finance & Investment Co. Ltd., 61 (1989) Company Cases 663 (Supreme Court)].

    A word defined must, ordinarily, carry the same meaning wherever it is used in different section in the body of the Act.

    [E.S. I.C. v. M.B. Nagariai, 1982 Lab IC 374 (Karn)].

    Chapter II
    Offences of Atrocities
    Punishments for Offences of Atrocities
    • Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe forces a member of a Scheduled Caste or a Scheduled Tribe to drink or eat any inedible or obnoxious substance;
      • acts with intent to cause injury, insult or annoyance to any member of a Scheduled Caste or a Scheduled Tribe by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighbourhood;
      • forcibly removes clothes from the person of a member of a Scheduled Caste or a Scheduled Tribe or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity;
      • wrongfully occupies or cultivates any land owned by or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe or gets the land allotted to him transferred;
      • wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his or land, premises or interferes with the enjoyment of his rights over any land, premises or water;
      • compels or entices a member of a Scheduled Caste or a Scheduled Tribe to do ‘begar’ or other similar forms of forced or bonded labour other than any compulsory service for public purpose imposed by Government;
      • force or intimidates a member of a Scheduled Caste or a Scheduled Tribe not to vote or to vote to a particular candidate or to vote in a manner other than that provided by law;
      • institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe;
      • gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe;
      • intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;
      • assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty;
      • being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually to which she would not have otherwise agreed;
      • corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the Scheduled Caste or the Schedule Tribes so as to render it less fit for the purpose for which it is ordinarily used;
      • denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members or public or any section thereof have a right to use or access to;
      • forces or causes a member of Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of residence,
      • shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.
    • Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, gives or fabricates false evidence intending thereby to cause or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is capital by the law for the time being in force shall be punished with imprisonment for life and with fine; and if an innocent member of a Scheduled Caste or a Scheduled Tribe be convicted and executed in consequence of such false or fabricated evidence, the person who gives or fabricates such false evidence, shall be punished with death;
      • gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or a Schedule Tribe to be convicted of an offence which is not capital but punishable with imprisonment for a term of seven years or upwards, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years or upwards and with fine;
      • commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause damage to any property belonging to a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine;
      • commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause destruction of any building which is ordinarily used as a place of worship or as a place for human dwelling or as a place for custody of the property by a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for life and with fine;
      • commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more against a person or property on the ground that such property belongs to such member, shall be punishable with imprisonment for life and with fine;
      • knowing or having reason to believe that an offence has been committed under this Chapter, causes any evidence of the commission of that offence to disappear with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false, shall be punishable with the punishment provided for that offence; or
      • being a public servant, commits any offence under this section, shall be punishable with imprisonment for a term, which shall not be less than one year but which may extend to the punishment provided for that offence.
    Comments

    Section 3 is a substantive Penal clause. Its sub-section (1)(i) to (xv) and sub-section (2)(i) to (vii) create various offences of atrocity and then provide different punishments for each of them.

    The word ‘whoever’ used in this section significantly refers to ‘person’ who is not a member of a Scheduled Castes or a Scheduled Tribe. In other words, nothing contained in any of the clauses of sub-sections (1) and (2) does apply to any person who is a member of such Caste or Tribe.

    The prosecution is bound to prove that an offence punishable under the section has been committed by a non-member of, and in respect of a member of, a Scheduled Caste or a Scheduled Tribe.

    Severity of punishments provided for various offences cannot be held to be ultra-vires. The sentencing criteria and decision should be left to be judged by a Judicial Officer who decides impartially.

    Punishment for Neglect of Duties

    Whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed by him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.

    Comments

    The essential ingredients of an offence punishable under this section are: the accused is a public servant; he is neither a member of a Scheduled Caste nor a member of a Scheduled Tribe; and he has wilfully neglected his duties, which he is required to perform under this Act.

    • ‘Mens rea’ must be proved by the prosecution.
    • ‘Negligence’ in not performing duties has necessarily to be wilful.
    • The minimum term of imprisonment is six months. However, the term of imprisonment may extend to one year. A sentence of fine cannot be imposed.
    Enhanced Punishment for Subsequent Conviction

    Whoever, having already been convicted of an offence under this chapter is convicted for the second offence or any offence subsequent to the second offence, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence.

    Comments

    This section does not create a new kind of offence.

    When the accused is again convicted for the second offence or any subsequent offence thereto under Chapter II of this Act, the Special Court can either sentence him to undergo one year's imprisonment or impose on him the punishment to the extent provided for that offence.

    Application of Certain Provisions of the Indian Penal Code

    Subject to the other provisions of this Act, the provisions of Section 34, Chapter III, Chapter IV, Chapter V, Chapter V-A, Section 149 and Chapter XXIII of the Indian Penal Code (45 of 1860), shall so far as may be, apply for the purposes of this Act as they apply for the purposes of the Indian Penal Code.

    Comments

    The provisions of Sections 34 and 149 and Chapter III, IV, V, VA and XXIII of the Indian Penal Code, 1860 as they apply for the purposes of that Code are, so far as may by, made applicable for the purposes of this Act. However, such application shall be subject to the other provisions of this Act.

    Forfeiture of Property of Certain Persons

    (1) Where a person has been convicted of any offence punishable under this Chapter, the special Court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the person, which has been used for the commission of that offence, shall stand forfeited to Government.

    Where any person is accused of any offence under this Chapter, it shall be open to the Special Court trying him to pass an order that all or any of the properties, moveable or immovable or both, belonging to him, shall, during the period such trial be attached, and where such trial ends in conviction, the property so attached shall be liable to forfeiture to the extent it is required for the purpose of realisation of any fine imposed under this Chapter.

    Comments

    Powers of the Special Court are discretionary and should be exercised sparingly. Forfeiture of property—movable or immovable or both—by the offender as also punishment imposed on him.

    In the context, ‘Government’ means the Central Government or, as the case may be, a State Government or the Administrator of a Union Territory.

    The Special Court may attach the property belonging to the accused, during the period of his trial, and forfeit the property as attached to the extent it is required for realising fine imposed on him, where the trial ends in his conviction.

    Presumption as to Offences

    In a prosecution for an offence under this Chapter, if it is proved that the accused rendered any financial assistance to a person accused or, or reasonably suspected of, committing an offence under this Chapter, the Special Court shall presume, unless the contrary is proved, that such person had abetted the offence; a group of persons committed an offence under this Chapter and if it is proved that the offence committed was a sequel to any existing dispute regarding land or any other matter, it shall be presumed that the offence was committed in furtherance of the common intention or in prosecution of the common object.

    Comments

    The special Court is required to presume ‘the abetment of the offence’ or, as the case may be, ‘the common intention or common object in committing the offence’.

    The presumption as to offences is of law, something more than a reasonable probability is required.

    (Dhanwant Rai Balwant Rai Desai v. State of Maharashtra, AIR 1964 SC 575).

    Fair and adequate opportunity to rebut such a presumption must be afforded to the person against whom it is sought to be raised.

    (Girdhari Lal Govind Das Agrawal v. Union of India, 1985 Cri. L.J. 1321 (Delhi)].

    Conferment of Powers
    • Notwithstanding anything contained in the Code or in any other provision of this Act, the State Government may, if it considers it necessary or expedient so to do for the prevention of and for coping with any offence under this Act, or for any case or class or group of cases under this Act, in any district or part thereof, confer, by notification in the Official Gazette, on any officer of the State Government, the powers exercisable by a police officer under the Code in such district or part thereof or, as the case may be, for such case or class or group of cases, and in particular, the power of arrest, investigation and prosecution of persons before any Special Court.
    • All officers of police and all other officers of Government shall assist the officer referred to in sub-section (1) in the execution of the provisions of this Act or any rule, scheme or order made there under.
    • The provisions of the Code shall, so far as may be, apply to the exercise of the powers by an officer under sub-section (1).
    Comments

    The expression ‘any officer of the State Government’ means an officer other than a police officer.

    All officers of police and other officers of Government shall be bound to assist the officer (referred to in sub-section (1) in the execution of the provisions of this Act, or any rule, scheme or order made there under.

    The powers conferred by sub-section (1) on him should, so far as may be exercised in accordance with the provisions or the Code of Criminal Procedure, 1973.

    Chapter III
    Externment
    Removal of Person Likely to Commit Offence
    • Where the special Court is satisfied, upon a complaint or a police report that a person is likely to commit an offence under Chapter II of this Act in any area included in ‘Scheduled Areas’ or ‘Tribal Areas’ as referred to in article 244 of the Constitution, it may, by order in writing, direct such person to remove himself beyond the limits of such area, by such route and within such time as may be specified in the order, and not to return to that area from which he was directed to remove himself for such period, not exceeding two years, as may be specified in the order.
    • The Special Court shall, along with the order under sub-section (1) communicate to the person directed under that sub-section the grounds on which such order has been made.
    • The Special Court may revoke or modify the order made under sub-section (1) for the reasons to be recorded in writing, on the representation made by the person against whom such order has been made or by any other person on his behalf within thirty days from the date of the order.
    Comments

    The maximum period for which a person can be externed from any Scheduled Area or Tribal Area is two years.

    It is mandatory that the order as well as the grounds or externment should be communicated to the person concerned.

    The aggrieved person or any other person on his behalf may, as a matter or right, make representation against the order of externment to the Special Court within 30 days from the date thereof.

    The Special Court has the power to modify or recall its order.

    The President has made—

    • The Scheduled Areas (PART-A STATES) Order, 1950 (C.O. 9);
    • The Scheduled Areas (PART-B STATES) Order, 1950 (C.O. 26);
    • The Madras Scheduled Areas (Cesser) Order, 1951 (C.O. 30);
    • The Andhra Scheduled Areas (Cesser) Order, 1955 (C.O. 50);
    • The Scheduled Areas (Himachal Pradesh) Order, 1975(C.O. 102),
    • Which contain the list of Scheduled Areas.
    Procedure on Failure of Person to Remove Himself from Area and Enter Thereon after Removal
    • If a person to whom a direction has been issued under Section 10 to remove himself from any area fails to remove himself as directed; or having so removed himself enters such area within the period specified in the order, otherwise than with the permission in writing of the Special Court under sub-section (2), the Special Court may cause him to be arrested and removed in police custody to such place outside such area as the Special Court may specify.
    • The Special Court may, by order in writing, permit any person on respect of whom an order under Section 10 has been made, to return to the area from which he was directed to remove himself for such temporary period and subject to such conditions as may be specified in such order and may require him to execute a bond with or without surety for the due observation of the conditions imposed.
    • The Special Court may at any time revoke any such permission.
    • Any person who, with such permission, returns to the area from which he was directed to remove himself, shall observe the conditions imposed, and at the expiry of the temporary period for which he was permitted to return, or on the revocation of such permission before the expiry of such temporary period, shall remove himself outside such area and shall not return thereto within the unexpired portion specified under Section 10 without a fresh permission.
    • If a person fails to observe any of the conditions imposed or to remove himself accordingly or having so removed himself enters or returns to such area without fresh permission, the Special Court may cause him to be arrested and removed in police outside such area as the Special Court may specify.
    Comments

    This section prescribes the procedure to be followed by the Special Court when a person has failed to comply with its order issued under Section 10 of this Act, that is, he does not remove himself from the area or enters thereon after removal.

    Taking Measurements and Photographs, Etc., of Persons against Whom Order under Section 10 is made

    (1) Every person against whom an order has been made under section 10 shall, if so required by the Special Court, allow his measurements and photographs to be taken by a police officer.

    Comments

    The Special Court may require any person (against whom an order of externment has been made under Section 10 of this Act) to allow a police officer to take his measurements and photographs.

    (2) If any person referred to in sub-section (1) when required to allow his measurements or photographs to be taken, resists or refuses to allow the taking of such measurements or photographs, it shall be lawful to use all necessary means to secure the taking thereof.

    Comments

    The police officer may use all necessary means to secure measures and photographs of such person.

    (3) Resistance to or refusal to allow the taking of measurements or photographs under sub-section (2) shall be deemed to be an offence under Section 186 of the Indian Penal Code (45 of 1860).

    Comments

    The person who resists or refuses to allow the police officer to take his measurements and photographs is liable to be punished with imprisonment up to three months, or fine up to Rs 500, under Section 186 of the Indian Penal Code, 1860.

    (4) Where an order under Section 10 is revoked, all measurements and photographs (including negatives) taken under sub-section (2) shall be destroyed or made over to the person against whom such order is made.

    Comments

    The Special Court has power to revoke its order made under Section 12 (1) of this Act. When the order is revoked, measures, photographs, negatives shall have to be destroyed or made over to the person concerned.

    Penalty for Non-Compliance of Order under Section 10

    Any person contravening an order of the Special Court made under Section 10 shall be punishable with imprisonment for a term, which may extend to one year and with fine.

    Comments

    Any person who has contravened an order or externment made by the Special Court under Section 10 of this Act, shall be liable to be punished with imprisonment up to 1 year and fine.

    A complaint is to be instituted in the Special Court within a period of one year from the date of commission of the offence.

    Both the sentences are obligatory.

    Chapter IV
    Special Courts
    Special Court

    For the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for each district a Court of Session to be a Special Court to try the offences under this Act.

    Comments

    Offences under this Act shall have to be tried to be only by Special Courts.

    There shall be a Special Court for each district.

    The State Government should have the concurrence of the Chief Justice of the High Court and then specify a Court of session to be a Special Court.

    Special Public Prosecutor

    For every Special Court, the State Government shall, by notification in the Official Gazette, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.

    Comments

    Only a Special Public Prosecutor has locus standi to conduct cases in the Special Court.

    The State Government may appoint an advocate (who has been in practice as an advocate for not less than seven years) as a Special Public Prosecutor.

    As a matter of his right, no Public Prosecutor can conduct cases.

    Chapter V
    Miscellaneous
    Power of State Government to Impose Collective Fine

    The provisions of section 10A of the Protection of Civil Right Act, 1955 (22 of 1955) shall, so far as may be, apply for the purposes of imposition and realisation of collective fine and for all other matters connected there with under this Act.

    Comments

    This section empowers the State Government (and the Administrator of a Union Territory) to impose and realise ‘collective fine’ in accordance with the provisions of section 10A of the Protection of Civil Rights Act, 1955 (22 of 1955).

    S.O. 157 (E) dated 20-2-1990 directs the Administrators of various Union Territories to exercise powers and discharge functions of State Government under this Act.

    Preventive Action to Be Taken by the Law and Order Machinery
    • A District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate or any police officer not below the rank of a Deputy Superintendent of Police may, on receiving information and after such inquiry as he may think necessary, has reason to believe that a person or a group of persons not belonging to the Scheduled Castes or the Scheduled Tribes, residing in or frequenting any place within the local limits of his jurisdiction is likely to commit an offence or has threatened to commit any offence under this Act and is of the opinion that there is sufficient ground for proceeding, declare such an area to be an area prone to atrocities and take necessary action for keeping the peace and good behaviour and maintenance of public order and tranquillity and may take preventive action.
    • The provisions of Chapters VIII, X and XI of the Code shall, so far as may be, apply for the purposes of sub-section (1).
    • The State Government may, by notification in the Official Gazette, make one or more schemes specifying the manner in which the officers referred to in sub-section (1) shall take appropriate action specified in such scheme or schemes to prevent atrocities and to restore the feeling of security amongst the members of the Scheduled Castes and Scheduled Tribes.
    Comments

    Provisions of sub-section (1) do not apply to a case where an offence under this act has already been committed.

    Any Magistrate or police officer may resort to the Provisions of Chapters VIII, X and XI of the Code of Criminal Procedure, 1973, for taking necessary action for keeping the peace and good behaviour and maintenance of public order and tranquillity in ‘area’ prone to atrocities.

    The State Government is empowered to make any scheme for the guidance of Magistrates and police officers on whom the power to take preventive action has been conferred.

    Section 438 of the Code Not to Apply to Persons Committing an Offence under the Act

    Nothing in Section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act.

    Comments

    A direction under Section 438 of the Code of Criminal Procedure, 1973 cannot be given in favour of any person who apprehends ‘arrest’ on an accusation of having committed an offence under this Act.

    The bar is absolute.

    The right to anticipatory bail does not flow from Article 21 of the Constitution of India either expressly or impliedly. This right has been conferred by the Parliament. The Parliament by enacting another law or by amending the Code of Criminal Procedure can take it away also.

    [Jai Sing & Anr. v. Union of India & Others, AIR 1993 Raj. 177 (F.B)].

    The Parliament has the power to lay down that section 438, Cr. P.C. would not apply to the cases arising out or covered by a Special Act. [Ibid.]

    The provisions of sections of section 18 of this Act are, therefore, not hit by article 21. [Ibid.]

    Section 360 of the Code or the Provisions of the Probation of Offenders Act Not to Apply to Persons Guilty of an Offence under the Act

    The provisions of section 360 of the Code and the Provisions of the Probation of Offenders Act, 1958 (20 of 1958) shall not apply to any person above the age of eighteen years who is found guilty of having committed an offence under this Act.

    Comments

    The section restricts the ‘benefit of probation’ only to offenders who are not above the age of 18 years.

    It is well-settled proposition of law that ‘the age of the accused on the date of his conviction is to be seen, and not on the date of the offence’. [Nafees v. State of Uttar Pradesh, 1983 FAJ 248 (All.)].

    A revisional Court may also pass an order under section 360 (4) of the Code of Criminal Procedure, 1973.

    [Sukchand Harijan v. State of Orissa, (1988) 3 Crimes 47 (Orissa)].

    Act to Override other Laws

    Save as otherwise provided in this Act, the Provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom or usage any instrument having by virtue of any such law.

    Comments

    Subject to the opening expression ‘save as otherwise provided in this Act, … ’, the Provisions of this Act expressly override

    • any other law for the time being in force; or
    • any custom or usage; or
    • any instrument having effect by virtue of such any other law.
    Duty of Government to Ensure Effective Implementation of the Act
    • Subject to such rules as the Central Government may make in this behalf, the State Government shall take such measures as may be necessary for the effective implementation of this Act.
    • In particular, and without prejudice to the generality of the foregoing provisions, such measures may include the provision for adequate facilities, including legal aid, to the persons subjected to atrocities to enable them to avail themselves of justice; the provision for travelling and maintenance expenses to witnesses, including the victims of atrocities, during investigation and trial of offences under this Act; the provision for the economic and social rehabilitation of the victims of the atrocities; the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this Act; the setting up of committees at such appropriate levels as the State Government may think fit to assist that Government in formulation or implementation of such measures; provision for a periodic survey of the working of the provisions of this Act with a view to suggesting measures for the better implementation of the provisions of this Act; the identification of the areas where the members of the Scheduled Castes and the Scheduled Tribes are likely to be subjected to atrocities and adoption of such measures so as to ensure safety for such members.
    • The Central Government shall take such steps as may be necessary to co-ordinate the measures taken by the State Governments under sub-section (1).

    The Central Government shall, every year, place on the table of each House of Parliament a report on the measures taken by itself and by the State Governments in pursuance of the provisions of this section.

    Comments

    This section enjoins upon the Central Government

    • to make rules to enable the State Government to take necessary measures for the effective implementation of this Act;
    • to take steps necessary to co-ordinate the measures taken by the State Government; and to place a report on the measures taken in pursuance of this section on the table of each House of Parliament each year.

    ‘Without prejudice’ means ‘saving’ or ‘excepting’.

    (In Pratap Rai's case, AIR 1978 SC 1244)

    The particular power is only illustrative. (Madhya Pradesh v. Union of India, AIR 1971 SC 711)

    The general power is not restricted thereby. [ibid.]

    Protection of Action Taken in Good Faith

    No suit, prosecution or other legal proceedings shall lie against the Central Government or against the State Government or any office or authority of Government or any other person for anything which is in good faith done or intended to be done under this Act.

    Comments

    Bar is neither absolute nor unconditional. Both ‘in good faith’ and ‘under this Act’ are necessary conditions precedent to any protection contemplated under this Section.

    The Court should decide a plea of ‘good faith’ raised in defence only after the parties have led some evidence in support of their version.

    The ‘legal proceeding’ is a proceeding of an original nature. [(1977)2 M.L.J. 497 (Mad.)]

    ‘Good faith’ implies a duty to act with a reasonable degree of prudence.

    (S.B. Lal v. Patiram, 1979 A.W.C 597)

    Power to Make Rules
    • The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
    • Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
    Comments

    The rules have effect as if enacted in the Act.

    [M/s. Krimtharury Tea Estate Ltd. v. The State of Kerala, 48 (1963) ITR 83 (S.C.)]

    The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995

    G.S.R./316 (E), dated 31st March, 1995: In exercise of the powers conferred by sub-section (1) of Sec. 23 of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, (33 of 1989), the Central Government hereby makes the following rules, namely:

    Short Title and Commencement

    These rules may be called the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995.

    They shall come into force on the date of their publications in the Official Gazette.

    Definition

    In these rules, unless the context otherwise requires

    • ‘Act’ means the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1983 (33 of 1989).
    • ‘Dependent’, with its grammatical variations and cognate expressions, includes wife, children, whether married or unmarried, dependent parents, widow's sister, widow and children of pre-deceased son of a victim of atrocity;
    • ‘identified area’ means such area where State Government has reason to believe that atrocity may take place or there is an apprehension of re-occurrence of an offence under the Act or an area prone to victim of atrocity;
    • ‘Non-Government Organization’ means a voluntary organization engaged in the welfare activities relating to the Scheduled Castes and the Scheduled Tribes and registered under the Societies Registration Act 1860 (21 of 1860) or under any law for the registration of documents of such organization for the time being in force;
    • ‘Schedule’ means the Schedule annexed to these rules;
    • ‘Section’ means Section of the Act;
    • ‘State Government’, in relation to a Union Territory, means the Administrator of that Union Territory appointed by the President under Art. 239 of the Constitution; words and expression used herein and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.
    Precautionary and Preventive Measures

    With a view to prevent atrocities on the Scheduled Castes and the Scheduled Tribes the State Government shall

    • identify the area where it has reason to believe that atrocity may take place or there is an apprehension of reoccurrence of an offence under the Act;
    • order the District Magistrate and Superintendent of Police or any other officer to visit the identified area and review the law and order situation.
    • if deem necessary, in the identification area cancel the arm licenses of the persons, not being member of the Scheduled Castes or Scheduled Tribes, their near relations, servants or employees and family friends and get such arms deposited in the Government Armoury;
    • seize all illegal firearms and prohibit any illegal manufacture of firearms;
    • with a view to ensure the safety of person and property, if deem necessary, provided arms licenses to the member of the Scheduled Castes and the Scheduled Tribes;
    • constitute a high power State-level committee, district and divisional level committees or such number of other committees as deemed proper and necessary for assisting the Government in implementation of the provisions of the Act;
    • set up a vigilance and monitoring committee to suggest effective measures to implement the provisions of the Act;
    • set up Awareness Centres and organise Workshops in the identified area or at some other place to educate the persons belonging to the Scheduled Castes and the Scheduled Tribes about their rights and the protection available to them under the provisions of various Central and State enactment or rules, regulations and schemes framed there under;
    • encourage Non-Government Organizations for establishing and maintaining Awareness Centres and organizing workshops and provide them necessary financial and other sort of assistance;
    • deploy special police force in the identified area;
    • by the end of every quarter, review the law and order situation, functioning of different committees, performance of Special Public Prosecutors, Investigating Officers and other Officers responsible for implementing the provisions of the Act and the cases registered under the Act.
    Supervision of Prosecution and Submission of Report
    • The State Government on the recommendation of the District Magistrate shall prepare for each District a panel of such number of eminent senior advocate who has been in practice for not less than seven years, as it may deem necessary for conducting cases in the Special Courts. Similarly, in consultation with the Director – Prosecution in charge of the prosecution, a panel of such member of Public Prosecutors as it may deem necessary for conducting cases in the Special Courts, shall also be specified. Both these panels shall be notified in the Official Gazette of the State and shall remain in force for a period of three years.
    • The District Magistrate and the Director of persecution in charge of the prosecution shall review at least twice in calendar year, in the month of January and July, the performance of Special Public Prosecutors so specified or appointed and submit a report to the State Government.
    • If the State Government is satisfied or has reason to believe that a Special Public Prosecutor so appointed or specified has not conducted the case to the best of his ability and with due care and caution, his name may be, for reasons to be recorded in writing, denotified.
    • The District Magistrate and the officer-in-charge of the prosecution at the District level, shall review the position of cases registered under the Act and submit a monthly report on or before 20th day of each subsequent month to the Director of Prosecution and the State Government. This report shall specify the actions taken/proposed to be taken in respect of investigation and prosecution of each case.
    • Notwithstanding anything contained in sub-rule (1) the District Magistrate or the Sub-Divisional may, if deem necessary or if so desired by the victim of atrocity engage an eminent Senior Advocate for conducting cases in the Special Courts on such payment of fees as he may consider appropriate.
    • Payment of fee to the Special Public Prosecutor shall be fixed by the State Government on a scale higher than the other panel advocates in the State.
    Information to Police Officers In-Charge of a Police Station
    • Every information relating to the commission of an offence under the Act, if given orally to an officer in-charge of a police station shall be reduced to writing by him or under his direction and be read over to the informant, and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the persons giving it, and the substance thereof shall be entered in a book to be maintained by that police station.
    • A copy of the information as so recorded under sub-rule (1) above shall be given forthwith, free of cost, to the informant.
    • Any person aggrieved by a refusal on the part of an officer in-charge of a police station to record the information referred in sub-rule (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who after investigation either by himself or by a police officer not below the rank of Deputy Superintendent of Police, shall make an order in writing to the officer in-charge of the concerned police station to enter the substance of that information to be entered in the book to be maintained by the police station.
    Spot Inspection by Officers
    • Whenever the District Magistrate or the Sub-Divisional Magistrate or any other executive Magistrate or any police officer not below the rank of Deputy Superintendent of Police receives an information from any person or upon his own knowledge that an atrocity has been committed on the members of the Scheduled Castes or the Scheduled Tribes within his jurisdiction he shall immediately himself visit the place of occurrence to assess the extent of atrocity, loss of life, loss and damage to the property and submit a report forthwith to the State Government.
    • The District Magistrate or the Sub-Divisional Magistrate or any other executive Magistrate and the Superintendent of Police Deputy Superintendent of police after inspecting the place or area on the spot–
      • draw a list of victims, their family member and dependents entitled for relief;
      • prepare a detailed report of the extent of atrocity, loss and damage to the property of the victims;
      • order for intensive police patrolling in the area;
      • take effective and necessary steps to provide protection to the witnesses and other sympathizers of the victims;
      • provide immediate relief to the victims.
    Investigating Officer
    • An officer committed under the Act shall be investigated by a police officer not below the rank of a Deputy Superintendent of Police. The investigating officer shall be appointed by the State Government, Director-General of Police, Superintendent of Police after taking into account his past experience, sense of ability and justice to perceive the implications of the case and investigate it along with right lines within the shortest possible time.
    • The investigating officer so appointed under sub-rule (1) shall complete the investigation on top priority within thirty days and submit the report to the Superintendent of Police who in turn will immediately forward the report to the Director-General of Police of the State Government.
    • The Home Secretary and the Social Welfare Secretary to the State Government, Director of Prosecution, the officer-in-charge of Prosecution and the Director-General of Police shall review by the end of every quarter the position of all investigations done by the investigating officer.
    Setting up of the Scheduled Castes and the Scheduled Tribes Protection Cell

    The State Government shall set up a Scheduled Castes and the Scheduled Tribes Protection Cell at the State headquarters under the charge of Director General of Police, Inspector General of Police. This Cell shall be responsible for:

    • conducting survey of the identified area;
    • maintaining public order and tranquillity in the identified area;
    • recommending to the State Government for deployment of special police force or establishment of special police post in the identified area;
    • making investigations about the probable causes leading to an offence under the Act;
    • restoring the feeling of security amongst the members of the Scheduled Castes and the Scheduled Tribes;
    • informing the nodal officer and special officer about the law and order situation in the identified area;
    • making enquiries about the investigation and spot inspections conducted by various officers; (viii) making enquiries about the action taken by the Superintendent of Police in the cases where an officer in-charge of the police station has refused to enter an information in a book to be maintained by that police station under sub-rule (3) of rule 5;
    • making enquiries about the wilful negligence by a public servant;
    • reviewing the position of cases registered under the Act; and
    • submitting a monthly report on or before 20th day of each subsequent month to the State Government, nodal officer about the action taken/proposed to be taken, in respect of the above.
    Nomination of Nodal Officer

    The State Government shall nominate a nodal officer of the level of a Secretary to the Government preferably belonging to the Scheduled Castes or the Scheduled Tribes, for coordinating the functioning of the District Magistrate and Superintendent of Police or other officers authorized by them, investigating officers and other officers responsible for implementing the provisions of the Act. By the end of the every quarter, the nodal officer shall review:

    • the reports received by the State Government under sub-rules (2) and (4) of rule 4, rule 6, CI. (xi) of rule 8.
    • the position of cases registered under the Act;
    • various kinds of measures adopted for providing immediate relief in cash or kind or both to the victims of atrocity or his or her dependent;
    • adequacy of immediate facilities like rationing, clothing, shelter, legal, aid, travelling allowance, daily allowance and transport facilities provided to the victims of atrocity of his/her dependents;
    • performance of Non-Governmental Organizations, the Scheduled Castes and the Scheduled Tribes Protection Cell, various committees and the public servants responsible for implementing the provisions of the Act.
    Appointment of a Special Officer

    In the identified area a Special Officer not below the rank of an Additional District Magistrate shall be appointed to co-ordinate with the District Magistrate, Superintendent of Police or other officers responsible for implementing the provisions of the Act, various committees and the Scheduled Castes and the Scheduled Tribes Protection Cell.

    The Special Officer shall be responsible for:

    • providing immediate relief and other facilities to the victims of atrocity and initiate necessary measures to prevent or avoid re-occurrence of atrocity.
    • setting up an awareness centre and organizing workshop in the identified area or at the District headquarters to educate the persons belonging to the Scheduled Castes and the Scheduled Tribes about their rights and the protection available to them under the provisions of various Central and State enactments or rules and schemes, etc., framed therein;
    • coordinating with the non-governmental organizational and providing necessary facilities and financial and other type of assistance to non-governmental organizations for maintaining centres or organizing workshops.
    Travelling Allowance, Daily Allowance, Maintenance Expense and Transport Facilities to the Victim Atrocity, His or Her Dependent and Witness
    • Every victim of atrocity of his/her dependent and witness shall be paid to and for rail fare by second class in express/mail/ passenger train or actual bus or taxi fare from his/her place of residence or place of stay to the place of investigation or hearing of trial of an offence under the Act.
    • The District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall make necessary arrangements for providing transport facilities or reimbursement of full payment thereof to the victims of atrocity and witnesses for visiting the investigating officer, Superintendent of Police/Deputy Superintendent of Police, District Magistrate or any other Executive Magistrate.
    • Every woman witness, the victims of atrocity or her dependent being a woman all minor, a person more than 60 year of age and a person having 40 % or more disability shall be entitled to be accompanied by an attendant of her/his choice. The attendant shall also be paid travelling and maintenance expenses as applicable to the witness or the victim of atrocity when called upon during hearing, investigation and trial of an offence under the Act.
    • The witness, the victim of atrocity or his/her dependent and attendant shall be paid daily maintenance expenses for the days he/she is away from the place of his/her residence or stay during investigation, hearing and trial of an offence, at such rates but not less than the minimum wages, as may be fixed by the state government for the agricultural labourers.
    • In additional to daily maintenance expenses the witness' the victim of atrocity (or his/her dependent) and the attendant shall also be paid diet expenses at such rates as may be fixed by the State Government from time to time.
    • The payment of travelling allowance, daily allowance, maintenance expenses and reimbursement of transport facilities shall be made immediately or not later than three days by the District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate to the victims, their dependents/attendant and witnesses for the days they visit the investigating officer or in-charge Police station or hospital authorities or Superintendent of Police, Deputy Superintendent of Police or District Magistrate or any other officer concerned or the Special Court.
    • When an offence has been committed under Sec. 3 of the Act, the District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall reimburse the payment of medicines, special medical consultation, blood transfusion, replacement of essential clothing, meals and fruits provided to the victim(s) of atrocity.
    Measure to Be Taken by the District Administration

    The District Magistrate and the Superintendent of Police shall visit the place or area where the atrocity has been committed to assess the loss of life and damage to the property and draw a list of victim, their family members and dependents entitled for relief.

    Superintendent of Police shall ensure that the First Information Report is registered in the book of the concerned police station and effective measures for apprehending the accused are taken.

    The Superintendent of Police, after spot inspection, shall immediately appoint an investigation officer and deploy such police force in the area and take such other preventive measures, as he may deemed proper and necessary.

    The Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall make arrangement for providing immediate relief in cash or in kind or both to the victims of atrocity, their family members and dependents according to the scale as in the schedule annexed to these Rules (Annexure-1 read with Annexure-II). Such immediate relief also include food, water, clothing, shelter, medical aid, transport facilities and other essential items necessary for human beings.

    The relief provided to the victim of the atrocity or his/her dependent under sub-rule (4) in respect of death, or injury to, or damage to property shall be in addition to any other right to claim compensation in respect thereof under any other law for the time being in force.

    The relief and rehabilitation facilities mentioned in sub-rule (4) above shall be provided by the District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate in accordance with the scales provided in the Schedule annexed to these rules.

    A report of the relief and rehabilitation facilities provided to the victims shall also be forwarded to the Special Court by the District Magistrate or the Sub-Divisional Magistrate or the Executive Magistrate or Superintendent of Police. In case the Special Court is satisfied that the payment of relief was not made to the victim or his/her dependent in time or the amount of relief or compensation was not sufficient or only a part of payment of relief or compensation was made, it may order for making in full or part the payment of relief or any other kind of assistance.

    Selection of Officers and other State Members for Completing the Work Relating to Atrocity
    • The State Government shall ensure that the administrative officers and other staff members to be appointed in an area prone to atrocity shall have the right aptitude and understanding of the problems of the Schedule Castes and Posts and Police Station.
    • It shall also be ensured by the State Government that persons from the Scheduled Castes and the Scheduled Tribes are adequately represented in the administration and in the police force at all levels, particularly at the level of police posts and police station.
    Specific Responsibility of the State Government

    The State Government shall make necessary provisions in its annual budget for providing relief and rehabilitation facilities to the victims of atrocity. It shall review at least twice in a calendar year, in the month of January and July the performance of the Special Public Prosecutor specified or appointed under Sec. 15 of the Act, various reports receives, investigation made and preventive steps taken by the District Magistrate, Sub-Divisional Magistrate and Superintendent of Police, relief and rehabilitation facilities provided to the victims and the reports in respect of lapses on behalf of the concerned officers.

    Contingency Plan by the State Government

    The State Government shall prepare a model contingency plan for implementing the provisions of the Act and notify the same in the Official Gazette of the State Government. It should specify the role and responsibility of Rural/Urban Local Bodies and Non-Government Organisations. Inter alia this plan shall contain a package of relief measures including the following:

    • Scheme to provide immediate relief in cash or in kind or both;
    • Allotment of agricultural land and house-sites;
    • The rehabilitation packages;
    • Scheme for employment in Government or Government undertaking to the dependent or one of the family members of the victim;
    • Pension scheme for widows, dependent children of the deceased, handicapped or old age victims of atrocity;
    • Mandatory compensation for the victims;
    • Scheme for strengthening the socio-economic condition of the victim;
    • Provisions for providing brick/stone masonry house to the victims;
    • Such other elements as health care, supply of essential commodities, electrification, adequate drinking water facility, burial/cremation ground and link roads to the Scheduled Castes and the Scheduled Tribes.

    The State Government shall forward a copy of the contingency plan or a summary thereof and a copy of the scheme, as soon as may be, to the Central Government in the Ministry of Welfare and to all the District Magistrates, Sub-Divisional Magistrates, Inspectors-General of Police and Superintendents of Police.

    Constitution of State-Level Vigilance and Monitoring Committee
    • The State Government shall constitute high power vigilance and monitoring committee of not more than 25 members consisting of the following:
      • Chief Minister/Administrator-Chairman (in case of a State under President's Rule Governor-Chairman).
      • Home Minister, Finance Minister and Welfare Minister Members (in case of a State under the President's Rule, Advisors-Members);
      • All elected Members of Parliament and State Legislative Assembly and Legislative Council from the State belonging to the Scheduled Castes and the Scheduled Tribes-Members;
      • Chief Secretary, the Home Secretary, the Director-General of Police, Director/ Deputy Director, National commission for the Scheduled Castes and the Scheduled Tribes-Members;
      • The Secretary in-charge of the welfare and development of the Scheduled Castes and the Scheduled Tribes-Convener.

    The high power vigilance and monitoring committee shall meet at least twice in a calendar year, in the month of January and July to review the implementation of the provisions of the Act, relief and rehabilitation facilities provided to the victims and other matters connected therewith, prosecution of case under the Act, rule of different officers/agencies responsible for implementing the provisions of the Act and various reports received by State Government.

    Constitution of District Level Vigilance and Monitoring Committee
    • In each district within the State, the District Magistrate shall set up a vigilance and monitoring committee in his district to review the implementation of the provisions of the Act, relief and rehabilitation facilities provided to the victims and other matters connected therewith, prosecution of cases under the Act, role of different officers/agencies responsible for implementing the provision of the Act and various reports received by the District Administration.
    • The district level vigilance and monitoring committee shall consist of the elected Members of the Parliament and Stage Legislative Assembly and Legislative Council, Superintendent of Police, three-group ‘A’ Officers, Gazetted Officers of the State Government belonging to the Scheduled Castes and the Scheduled Tribes, not more than 5 non-official members belonging to the Scheduled Castes and the Scheduled Tribes and not more than 3 members from the case categories other than the Scheduled Castes and the Scheduled Tribes having association with Non-Government Organizations. The District Magistrate and District Social Welfare Officer shall be Chairman and Members-Secretary respectively.
    • The district level committee shall meet at least once in three months.
    Material for Annual Report

    The State Government shall every year before the 31st March, forward the report to the Central Government about the measures taken for implementing provisions of the Act and various schemes/plans framed by it during the previous calendar year.

    [See rule 12 (4)]

    Annexure V: The Bonded Labour System (Abolition) Ordinance, 1975

    No. 17 of 1975

    Promulgated by the President in the Twenty-sixth Year of the Republic of India

    An Ordinance to provide for the abolition of bonded labour system with a view to preventing the economic and physical exploitation of the weaker sections of the people, and for matters connected therewith or incidental thereto.

    Whereas Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action:

    Now, therefore, in exercise of the powers conferred by clause (1) of article 23 of the Constitution, the President is pleased to promulgate the following Ordinance:

    Chapter I
    Preliminary
    • This Ordinance may be called the Bonded Labour System (Abolition) Ordinance, 1975.
    • It extends to the whole of India.
    • It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
    • In this Ordinance, unless the context otherwise requires:
      • ‘advance’ means an advance, whether in cash or in kind, made by one person (hereinafter referred to as the creditor) to another person (hereinafter referred to as the debtor);
      • ‘agreement’ means an agreement (whether written or oral, or partly written and partly oral) between a debtor and creditor, and includes an agreement providing for forced labour, existence of which is presumed under any social custom prevailing in the concerned locality.

        Explanation: The existence of an agreement between the debtor and creditor is ordinarily presumed, under the social custom, in relation to the following forms of forced labour, namely:

        Adiyamar, Baramasia, Basahya, Bethu, Bhagela, Cherumar, Garru-Galu, Hali, Hari, Harwai, Holya, Jana, Jeethal Kamiya, Khundit-Mundit, Kuthia, Lakhari. Munjhis Mat, Munish system, Nit-Majoor, Paleru, Padiyal, Pannayilal, Sagri, Sanji, Sanjwat, Sewak, Sewakia, Seri, Vetti;

      • ‘ascendant’ or ‘descendant’, in relation to a person belonging to a matriarchal society, means the person who corresponds to such expression in accordance with the law of succession in force in such society;
      • ‘bonded debt’ means an advance obtained, or presumed to have been obtained, by a bonded labourer under, or in pursuance of, the bonded labour system;
      • ‘bonded labourer’ means any labour or service rendered under the bonded labour system;
      • ‘bonded labourer’ means a labourer who incurs, or has, or is presumed to have, incurred, a bonded debt;
      • ‘bonded labour system’ means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered into an agreement with the creditor to the effect in that:
        • In consideration of an advance obtained by him or by any of his lineal ascendants or descendents (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, due on such advance, or
        • in pursuance of any customary or social obligation, or
        • in pursuance of an obligation developing on him by succession, or
        • for any economic consideration received by him or by any of his lineal ascendants or descendants, or
        • by reason of his birth in any particular caste or community,
          • render, by himself or through any member of his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the credit, for a specified period or an unspecified period, either without wages or for nominal/wages, or
          • forfeit the freedom of employment or other means of livelihood for a specified period or for an unspecified period, or
          • forfeit the right to move freely throughout the territory of India, or
          • forfeit the right to appropriate or sell at market value any of his property or product of his labour or the labour of a member of his family or any person dependent on him, and includes the system of forced, or partly forced, labour under which a surety for a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that in the event of the failure of the debtor to repay the debt, he would render the bonded labour on behalf of the debtor.
        • ‘family’, in relation to a person, includes the ascendant and descendant of such person;
        • nominal wages: in relation to any labour, means a wage which is less than the minimum wages fixed by the Government, in relation to the same on similar labour, under any law for the time being in force, and where no such minimum wages has been fixed in relation to any form of labour, the wages that are normally paid for the same or similar labour to the labourers working in the same locality;
        • ‘prescribed’ means prescribed by rules made under this Ordinance.
      • The provisions of this Ordinance shall have effect not withstanding anything inconsistent therewith contained in any enactment other than this Ordinance, or in any instrument having effect by virtue of any enactment other than this Ordinance.
    Chapter II
    Abolition of Bonded Labour System
      • On the commencement of this Ordinance, the bonded labour system shall stand abolished and every bonded labourer shall on such commencement, stand freed and discharged from any obligation to render any bonded labour.
      • After the commencement of this Ordinance, no person shall -
        • make any advance under, or in pursuance of, the bonded labour system or
        • compel any person to render any bonded labour or other form of forced labour.
    • On the commencement of this Ordinance, any custom or tradition or any contract, agreement or other instrument (whether entered into or executed before or after the commence ment of this Ordinance), by virtue of which any person, or any member of the family or dependent of such person, is required to do any work or render any service as a bonded labourer, shall be void and inoperative.
    Chapter III
    Extinguishment of Liability to Repay Bonded Debt
      • On the commencement of this Ordinance, every obligation of a bonded labourer to repay any bonded debt, or such part of any bonded debt as remains unsatisfied immediately before such commencement, shall be deemed to have been extinguished.
      • After the commencement of this Ordinance, no suit or other proceeding shall lie in any civil court or before any other authority for the recovery of any bonded debt or any part thereof.
      • Every decree or order for the recovery of bonded debt, passed before the commencement of this Ordinance and not fully satisfied before such commencement, shall be deemed, on such commencement, to have been fully satisfied.
      • Every attachment made before the commencement of this Ordinance, for the recovery of any bonded debt, shall, on such commencement, stand vacate; and, where, in pursuance of such attachment, any movable property of the bonded labourer was seized and removed from his custody and kept in the custody of any court or other authority pending sale thereof, such movable property shall be restored, as soon as may be practicable after such commencement, to the possession of the bonded labourer.
      • Where, before the commencement of this Ordinance, possession of any property belonging to a bonded labourer or a member of his family or other dependent was forcibly taken over by any creditor for the recovery of any bonded debt', such property shall be restored, as soon as may be practicable after such commencement, to the possession of the person from whom it was seized.
      • If restoration of the possession of any property referred to in sub-section (4) or sub-section (5) is not made within thirty days from the commencement of this Ordinance, the aggrieved person may, within such time as may be prescribed, apply to the prescribed authority for the restoration of the possession of such property and the prescribed authority may, after giving the creditor a reasonable opportunity of being heard, direct the creditor to restore to the applicant the possession of the concerned property within such time as may be specified in the order.
      • An order made by any prescribed authority, under sub-section (6), shall be deemed to be an order made by a civil court and may be executed by the court of the lowest pecuniary jurisdiction within the local limits of whose jurisdiction the creditor voluntarily resides or carries on business or personally works for gain.
      • For the avoidance of doubts, it is hereby declared that, where any attached property was sold before the commencement of this Ordinance, in execution of a decree or order for the recovery of a bonded debt, such sale shall not be affected by any provision of this Ordinance:

        Provided that the bonded labourer, or an agent authorized by him in this behalf, may, at any time within five years from such commencement, apply to have the sale set aside on his depositing in court, for payment to the decree-holder, the amount specified in the proclamation of sale, for the recovery of which the sale was ordered, less any amount, as well as mesne profits, which may, since the date of such proclamation of sale, have been received by the decree-holder.

      • Where any suit or proceeding, for the enforcement of any obligation under the bonded labour system, including a suit or proceeding for the recovery of any advance made to a bonded labourer, is pending at the commencement of this Ordinance, such suit or other proceeding shall, on such commencement, stand dismissed.
      • On the commencement of this Ordinance, every bonded labourer who has been detained in civil prison, whether before or after judgement shall be released from detention forthwith.
      • All property vested in bonded labourer which was, immediately before the commencement of this Ordinance under any mortgage, charge, lien or other incumbrances in connection, with any bonded debt shall, in so far as it is relatable to the bonded debt, stand freed and discharged from such mortgage, charge, lien or other incumbrances, and where any such property was, immediately before the commencement of this Ordinance, in the possession of the mortgage or the holder of the charge, lien or incumbrance, such property shall (except where it was subject to any other charge), on such commencement, be restored to the possession of the bonded labourer.
      • If any delay is made in restoring any property, referred to in sub-section (1), to the possession of the bonded labourer, such labourer shall be entitled, on and from the date of such commencement, to recover from the mortgagee or holder of the lien, charge or incumbrance, such mesne profits as may be determined by the civil court within the local limits of whose jurisdiction such property is situated.
      • No person who has been freed and discharged under this Ordinance from any obligation to render any bonded labour: shall be evicted from any homestead or other residential premises which he was occupying immediately before the commence ment of this Ordinance as part of the consideration for the bonded labour.
      • If, after the commencement of this Ordinance, any such person is evicted by the creditor from any homestead or other residential premises, referred to in sub-section (1), the Executive Magistrate in charge of the Sub-Division within which such homestead or residential premises is situated shall, as early as practicable, restore the bonded labourer, to the possession of such homestead or other residential premises.
      • No creditor shall accept any payment against any bonded debt which has been extinguished or deemed to have been extinguished or fully satisfied by virtue of the provisions of this Ordinance.
      • Whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may, extend to three years and also with fine.
      • The court, convicting any person under sub-section (2) may, in addition to the penalties which may be imposed under that sub-section, direct the person to deposit, in court, the amount accepted in contravention of the provisions of sub-section (1), within such period as may be specified in the order for being refunded to the bonded labourer.
    Chapter IV
    Implementing Authorities
    • The State Government may confer such powers and impose such duties on a District Magistrate as may be necessary to ensure that the provisions of this Ordinance are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer so specified.
    • The District Magistrate authorized by the State Government under Section 10 and the officer specified by the District Magistrate under that Section shall, as far as practicable, try to promote the welfare of the freed bonded labourer by securing and protecting the economic interests of such bonded labourer so that he may not have any occasion or reason to contract any further bonded debt.
    • It shall be the duty of every District Magistrate and every officer specified by him under Section 10 to enquire whether, after the commencement of this Ordinance, any bonded labour system or any other form of forced labour is being en forced, by, or on behalf of, any person resident within the local limits of his jurisdiction and if, as a result of such enquiry, any person is found to be enforcing the bonded labour system or any other system of forced labour, he shall forthwith take such action as may be necessary to eradicate the enforcement of such forced labour.
    Chapter V
    Vigilance Committees
      • Every State Government shall, by notification in the Official Gazette, constitute such number of Vigilance Committees in each district and each Sub-Division as it may think fit.
      • Each Vigilance Committee, constituted for a district, shall consist of the following members, namely:
        • the District Magistrate, or a person nominated by him, who shall be the Chairman;
        • three persons belonging to the Scheduled Castes or Scheduled Tribes and residing in the district, to be nominated by the District Magistrate;
        • two social workers, resident in the district, to be nominated by the District Magistrate;
        • not more than three persons to represent the official or non-official agencies in the district connected with rural development to be nominated by the State Government;
        • one person to represent the financial and credit institutions in the district, to be nominated by the District Magistrate.
      • Each Vigilance Committee, constituted for a Sub-Division shall consist of the following members, namely:
        • the Sub-Divisional Magistrate, or a person nominated by him, who shall be the Chairman;
        • three persons belonging to the Scheduled Castes or Scheduled Tribes and residing in the Sub-Division, to be nominated by the Sub-Divisional Magistrate;
        • two social workers, resident in the Sub-Division, to be nominated by the Sub-Divisional Magistrate;
        • not more than three persons to represent the official or non-official agencies in the Sub-Division connected with rural development to be nominated by the District Magistrate;
        • one person to represent the financial and credit institutions in the Sub-Division, to be nominated by the Sub-Divisional Magistrate;
        • one officer specified under Section 10 and functioning in the Sub-Division.
      • Each Vigilance Committee shall regulate its own procedure and secretarial assistance, as may be necessary, shall be provided by —
        • the District Magistrate, in the case of a Vigilance Committee constituted for the district;
        • the Sub-Divisional Magistrate, in the case, of a Vigilance Committee constituted for the Sub-Division.
      • No proceeding of a Vigilance Committee shall be invalid merely by reason of any defect in the Constitution or in the proceedings, of the Vigilance Committee.
    • The functions of each Vigilance Committee shall be,
      • to advise the District Magistrate or any officer authorized by him as to the efforts made, and action taken, to ensure that the provisions of this Ordinance or of any, rule made thereunder are properly implemented;
      • to provide for the economic and social rehabilitation of the freed bonded labourers;
      • to co-ordinate the functions of rural banks and cooperative societies with a view to canalising adequate credit to the freed bonded labourer;
      • to keep an eye on the number of offences of which cognizance has been taken under this Ordinance;
      • to make a survey as to whether there is any offence of which cognizance ought to be taken under this Ordinance:
      • to defend any suit instituted against a freed bonded labourer or a member of his family or any other person dependent on him for the recovery of the whole or part of any bonded debt or any other debt which is claimed by such person to be bonded debt.
      • A Vigilance Committee may authorize one of its members to defend a suit against a freed bonded labourer and the member so authorized shall be deemed, for the purpose of such suit to be the authorized agent of the freed bonded labourer.
    • Whenever any debt is claimed by a bonded labourer, or a Vigilance Committee, to be a bonded debt, the burden of proof that such debt is not a bonded debt shall lie on the creditor.
    Chapter VI
    Offences and Procedure for Trial
    • Whoever, after commencement of this Ordinance compels any person to render any bonded labour shall be punishable with imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees.
    • Whoever advances, after the commencement of this Ordinance, any bonded debt shall be punishable with imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees.
    • Whoever enforces, after the commencement of this Ordinance, any custom, tradition, contract, agreement or other instrument, by virtue of which any person or any member of the family of such person or any dependent of such person is required to render any service under the bonded labour system, shall be punishable with imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees; and, out of the fine, if recovered, payment shall be made to the bonded labourer at the rate of rupees five for each day for which the bonded labour as extracted from him.
    • Whoever, being required by this Ordinance to restore any property to the possession of any bonded labourer, omits or fails to do so, within a period of thirty days from the commencement of this Ordinance, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both; and, out of the fine, if recovered, payment shall be made to the bonded labourer at the rate of rupees five for each day, during which possession of the property was not restored to him.
    • Whoever abets any offence punishable under this Ordinance shall, whether or not the offence abetted it committed, be punishable with the same punishment as is provided for the offence which has been abetted.

      Explanation: For the purpose of this Ordinance, ‘abetment’ has the meaning assigned to it in the Indian Penal Code.

      • The State Government may confer, on an Executive Magistrate, the powers of a Judicial Magistrate of the first class or of the second class for the trail of offences under this Ordinance; and, on such conferment of powers, the Executive Magistrate, on whom the powers are so conferred, shall be deemed, for the purposes of the Code of Criminal Procedure, 1973, to be a Judicial Magistrate of the first class, or of the second class, as the case may be.
      • An offence under this Ordinance may be tried summarily by a Magistrate.
    • Every offence under this Ordinance shall be cognizable and bailable.
      • Where an offence under this Ordinance has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
      • Notwithstanding anything contained in sub-section (1), where any offence under this Ordinance has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer shall be deemed to be guilty of that offence shall be liable to be proceeded against and punished accordingly.

        Explanation: For the purposes of this section,

        • ‘company’ means any body corporate and includes a firm or other association of individuals; and
        • ‘director’, in relation to a firm, means a partner in the firm.
    Chapter VII
    Miscellaneous
    • No suit, prosecution or other legal proceeding shall lie against any State Government or any officer of the State Government or any member of the Vigilance Committee for anything which is in good faith done or intended to be done under this Ordinance.
    • No civil court shall have jurisdiction in respect of any matter to which any provision of this Ordinance applies and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this Ordinance.
      • The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Ordinance.
      • In particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely:
        • the authority to which application for the restoration of possession of property referred to in sub-section (4), or sub-section (5), of Section 6 is to be submitted;
        • the time within which application for restoration of possession of property is to be made to the prescribed authority;
        • steps to be taken by Vigilance Committee to ensure the implementation of the provisions of this Ordinance;
        • any other matter which is required to be, or may be prescribed.
      • Every rule made by the Central Government under this Ordinance shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity or anything previously done under that rule.

    Source: Kamble N.D. 1982. Bonded Labour in India (pp. 141–54). Uppal Publishing House, New Delhi.

    Annexure VI: The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993

    (No. 46 of 1993)

    [5th June, 1993]

    An Act to provide for the prohibition of employment of manual scavengers as well as construction or continuance of dry latrines and for the regulation of construction and maintenance of water-seal latrines and for matters connected therewith or incidental thereto,

    WHEREAS fraternity assuring the dignity of the individual has been enshrined in the Preamble to the Constitution;

    AND WHEREAS article 47 of the Constitution, inter alia, provides that the State shall regard raising the standard of living of its people and the improvement of public health as among its primary duties;

    AND WHEREAS the dehumanizing practice of manual scavenging of human excreta still continues in many parts of the country;

    AND WHEREAS the municipal laws by themselves as a measure for conversion of dry latrines into water-seal latrines and prevention of construction of dry latrines are not stringent enough to eliminate this practice;

    AND WHEREAS it is necessary to enact a uniform legislation for the whole of India for abolishing manual scavenging by declaring employment of manual scavengers for removal of human excreta an offence and thereby ban the further proliferation of dry latrines in the country;

    AND, WHEREAS it is desirable for eliminating the dehumanizing practice of employment of manual scavengers and for protecting and improving the human environment to make it obligatory to convert dry latrines into water-seal latrines or to construct water-seal latrines in new construction;

    AND WHEREAS Parliament has no power to make laws for the States with respect to the matters aforesaid, except as provided in article 249 and 250 of the Constitution;

    AND WHEREAS in pursuance of clause (I) of article 252 of the Constitution, resolutions have been passed by all the Houses of the Legislature of the States of Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura and West Bengal that the matters, aforesaid should be regulated in those State by Parliament by law;

    Be it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows:

    Chapter I
    Preliminary
    Short Title, Application and Commencement
    • This Act may be called the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.
    • It applies in the first instance to the whole of the States of Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura and West Bengal and to all the Union territories and it shall also apply to such other States which adopts this Act by resolution passed in that behalf under clause (1) of Article 252 of the Constitution.
    • It shall come into force in the States of Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura and West Bengal and in the Union territories on such date as the Central Government may, by notification, appoint and in any other State which adopts this Act under clause (1) of Article 252 of the Constitution, on the date of such adoption.
    Definitions

    In this Act, unless the context otherwise requires,

    • ‘area’, in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision, specify by notification;
    • ‘building’ means a house, out-house stable, latrine, urinal, sheet house, hut, wall (other than a boundary wall), or any other structure whether made of masonry, bricks, wood, mud, metal or other material;
    • ‘dry latrines’ means a latrine other than a water-seal latrine;
    • ‘environment’ includes water, air and land and the interrelationship which exist among and between water, air and land and human beings, other living creatures, plants, micro-organism and property;
    • ‘environmental pollutant’ means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;
    • ‘environmental pollution’ means the presence in the environment of any environmental pollutant;
    • ‘Executive Authority’ means an Executive Authority appointed under sub-section (1) of Section 5;
    • ‘HUDCO’ means the Housing and Urban Development Corporation Limited, a Government company registered by that name under the Companies Act, 1956;
    • ‘latrine’ means a place set apart for defecation together with the structure comprising such place, the receptacle therein for collection of human excreta and the fittings and apparatus, if any, connected therewith;
    • ‘manual scavenger’ means a person engaged in or employed for manually carrying human excreta and the expression ‘manual scavenging’ shall be construed accordingly;
    • ‘notification’ means a notification published in the official Gazette;
    • ‘prescribed’ means prescribed by rules made under this Act;
    • ‘State Government’, in relation to a Union territory, means the Administrator thereof appointed under Article 239 of the Constitution;
    • ‘water-seal latrine’ means a pour-flush latrine, water flush latrine or a sanitary latrine with a minimum water-seal of 20 millimetres diameter in which human excreta is pushed in or flushed by water.
    Chapter II
    Prohibition of Employment of Manual Scavengers, Etc.
    • Subject to sub-section (2) and the other provisions of this Act, with effect from such date and in such area as the State Government may, by notification, specify in this behalf, no person shall —
      • engage in or employ for or permit to be engaged in or employed for any other person for manually carrying human excreta; or
      • construct or maintain a dry latrine.
    • The State Government shall not issue a notification under sub-section (1) unless —
      • it has, by notification, given not less than ninety days' notice of its intention to do so;
      • adequate facilities for the use of water-seal latrines in that area exist; and
      • it is necessary or expedient to do so for the protection and improvement of the environment or public health in that area.
    Power to Exempt

    The State Government may, by a general or special order published in the Official Gazette, and upon such conditions, if any, as it may think fit to impose, exempt any area, category of buildings or class of persons from any provisions of this Act or from any specified requirement contained in this Act or any rule, order, notification or scheme made thereunder or dispense with the observance of any such requirement in a class or classes of cases, if it is satisfied that compliance with such provisions or such requirement is or ought to be exempted or dispensed with in the circumstances of the case.

    Chapter III
    Implementing Authorities and Schemes
    Appointment of Executive Authorities and Their Powers and Functions
    • The State Government may, by order published in the Official Gazette, appoint a District Magistrate or a Sub-Divisional Magistrate, as an Executive Authority to exercise jurisdiction within such area as may be specified in the order and confer such powers and impose such duties on him, as may be necessary to ensure that the provisions of this Act are properly carried out and the Executive Authority may specify the officer or officers, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer or officers so specified.
    • The Executive Authority appointed under sub-section (1) and the officer or officers specified under that sub-section shall, as far as practicable, try to rehabilitate and promote the welfare of the persons who were engaged in or employed for as manual scavengers in any area in respect of which a notification under sub-section (1) of Section 3 has been issued by securing and protecting their economic interests.
    Power of State Government to Make Schemes

    The State Government may, by notification, make one or more schemes for regulating conversion of dry latrines into, or construction and maintenance of, water-seal latrines, rehabilitation of the persons who were engaged in or employed for as manual scavengers in any area in respect of which a notification under sub-section (1) of Section 3 has been issued in gainful employment and administration of such schemes and different schemes may be made in relation to different areas and for different purposes of this Act:

    Provided that no such schemes as involving financial assistance from the HUDCO shall be made without consulting it.

    • In particular, and without prejudice to the generality of the foregoing power, such schemes may provide for all or any of the following matters, namely:
      • time-bound phased programme for the conversion of dry latrines into water-seal latrines;
      • provisions of technical or financial assistance for new or alternate low cost sanitation to local bodies or other agencies;
      • construction and maintenance of community latrines and regulation of their use on pay and use basis;
      • construction and maintenance of shared latrines in slum areas or for the benefit of socially and economically backward classes of citizens;
      • registration of manual scavengers and their rehabilitation;
      • specification and standards of water-seal latrines;
      • procedure for conversion of dry latrines into water-seal latrines;
      • licensing for collection of fees in respect of community latrines or shared latrines.
    Power of State Government to Issue Directions

    Notwithstanding anything contained in any other law but subject to the other provisions of this Act, the State Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or local or other authority and such person, officer or a local or other authority shall be bound to comply with such directions.

    Executive Authorities, Inspectors, Officers and other Employees of Such Authorities to Be Public Servants

    All Executive Authorities, all officers and other employees of such authorities including the officers authorized under sub-section (1) of Section 5, all inspectors appointed under sub-section (1) of Section 9 and all officers and other employees authorized to execute a scheme or order made under this Act, when acting or purporting to act in pursuance of any provisions of this Act or the rules or schemes made or orders or directions issued thereunder, shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860).

    Appointment of Inspectors and Their Powers of Entry and Inspection
    • The State Government may, by notification, appoint such persons as it may think fit to be inspectors for the purposes of this Act, and define the local limits within which they shall exercise their powers under this Act.
    • Every inspector within the local limits of jurisdiction of an Executive Authority shall be subordinate to such authority.
    • Subject to any rules made in this behalf by the State Government, an inspector may, within the local limits of his jurisdiction, enter, at all reasonable times, with such assistance as he considers necessary, any place for the purpose of -
      • performing any of the functions of the Executive Authority entrusted to him;
      • determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules, orders or schemes made thereunder or any notice, directions or authorization served, made, given or granted under this Act is being or has been complied with;
      • examining and testing any latrine or for conducting an inspection of any building in which he has reasons to believe that an offence under this Act or the rules, orders or schemes made thereunder has been or is being or is about to be committed and to prevent or mitigate environmental pollution.
    Power of Executive Authority to Prevent Environmental Pollution in Certain Cases
    • On receipt of information with respect to the fact or apprehension of any occurrence of contravention of the provisions of Section 3, whether through intimation by some person or on a report of the inspector or otherwise, the Executive Authority shall, as early as practicable, besides taking any other action under this Act, direct the owner or occupier of the promises to take such remedial measures, as may be necessary, within such reasonable time as may be specified therein and in case the owner or occupier, as the case may be, fails to comply with such directions, cause such remedial measures to be taken as are necessary to prevent or mitigate the environmental pollution at the cost of such owner or occupier of the premises.
    • The expenses, if any, incurred by the Executive Authority with respect to the remedial measures referred to in sub-section (1), together with interest at such rate as the State Government may specify from the date when a demand for the expenses is made until it is paid, may be recovered by such authority or agency from the person concerned as arrears of land revenue or of public demand.
    Duty of HUDCO to Extend Financial Assistance in Certain Cases
    • Notwithstanding anything contained in its Memorandum of Association or Articles of Association or schemes for the grant of loans for housing and urban development, it shall be the duty of HUDCO to extend, in suitable cases, financial assistance for the implementation of such schemes for the construction of water-seal latrines as may be made under Section 6.
    • The financial assistance referred to in sub-section (1) may be extended by HUDCO on such terms and conditions (including on easy and concessional rates of interest) and in such manner as it may think fit in each case or class of cases.
    Power to Levy Fee

    Any order or scheme which the State Government is empowered to make under this Act may notwithstanding the absence of any express provision to that effect, provide for levy of fees in respect of-

    • community latrines constructed under a scheme on pay and use basis; or
    • shared latrines constructed under a scheme; or
    • supply of copies or documents of orders or extracts thereof; or
    • licensing of contractors for construction of water-seal latrines; or
    • any other purpose or matter fit involving rendering of service by any officer, committee, or authority under this Act or any rule, direction, order or scheme made thereunder:

      Provided that the State may, if it considers necessary so to do, in the public interest, by general or special order published in the Official Gazette, grant exemption on such grounds as it deems fit from the payment of any such fee either in part or in full.

    Constitution of Committees
    • The Central Government may, by notification, constitute
      • one or more Project Committees for appraising of the schemes for the construction of water-seal latrines in the country;
      • one or more Monitoring Committees to monitor the progress of such schemes;
      • such other committees for such purposes of the Act and with such names as the Central Government may deem fit.
    • The composition of the committees constituted by the Central Government, the powers and functions thereof, the terms and conditions of appointment of the members of such committees and other members connected therewith shall be such as the Central Government may prescribe.
    • The members of the committee under sub-Section (I) shall be paid such fees and allowances for attending the meetings as may be prescribed.
    • The State Government may, by notification, constitute
      • One or many State Coordination Committees for coordinating and monitoring of the programmes for the construction of water-seal latrines in the State and rehabilitation of the persons who were engaged in or employed for as manual scavengers in any area in respect of which a notification under sub-section (1) of Section 3 has been issued.
      • such other committees for such purpose of the Act and with such names as the State Government may deem fit.
    • The composition of the committees constituted by the State Government the powers and functions thereof, the terms and conditions of the members of such committees and other matters connected therewith shall be such as the State Government may prescribe.
    • The members of the committees under sub-section (4) shall be paid such fees and allowances for attending the meetings as may be prescribed.
    Chapter IV
    Penalties and Procedure
    Penalty for Contravention of the Provisions of the Act and Rules, Orders, Directions and Schemes

    Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules or schemes made or orders or directions issued thereunder, shall, in respect of each such failure or contravention be punishable with imprisonment for a term which may extend to one year or with fine, which may extend to two thousand rupees, or with both; and in case the failure or contravention continues, with additional fine which may extend to one hundred rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention.

    Offences by Companies
    • If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

      Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

      • (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or contrivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, managing agent or such other officer of the company, such director, manager, managing agent or such other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

    Explanation: For the purposes of this Section:

    • ‘company’ means anybody corporate and includes a firm or other association of individuals; and
    • ‘director’, in relation to a firm, means a partner in the firm.
    Offences to Be Cognizable

    Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence under this Act shall be cognizable.

    Provisions in Relation to Jurisdiction
    • No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act.
    • No prosecution for any offence under this Act shall be instituted except by or with the previous sanction of the Executive Authority.
    • No Court shall take cognizance of any offence under this Act except upon a complaint made by a person generally or specially authorized in this behalf by the Executive Authority.
    Limitation of Prosecution

    No Court shall take cognizance of an offence punishable under this Act unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of the complaint.

    Chapter V
    Miscellaneous
    Information, Reports or Returns

    The Central Government may, in relation to its functions under this Act, from time to time, require any person, officer, State Government or other authority to furnish to it, any prescribed authority or officer any reports, returns, statistics, accounts and other information as may be deemed necessary and such person, officer, State Government or other authority, as the case may be, shall be bound to do so.

    Protection of Action Taken in Good Faith

    No suit, prosecution or other legal proceedings shall lie against the Government or any officer or other employee of the Government or any authority constituted under this Act or executing any scheme made under this Act or any member, officer or other employee of such authority or authorities in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules or schemes made, or the orders or directions issued, thereunder.

    Effect of other Laws and Agreements Inconsistent with the Act
    • Subject to the provisions of sub-section (2), the provisions of this Act, the rules, schemes or orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act, customs tradition, contract, agreement or other instrument.
    • If any act or omission constitutes an offence punishable under this Act and also under any other Act, then, the offender found guilty of such offence shall be liable to be punished under the other Act and not under this Act.
    Power of Central Government to Make Rules
    • The Central Government may, by notification, make rules to carry out the provisions of this Act.
    • Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
      • the composition of the Project Committees, Monitoring Committees and other committees constituted by the Central Government under sub-section (1) of Section 13, the powers and functions thereof, the number of members and their terms and conditions of appointment and other matters connected therewith;
      • the fees and allowances to be paid to the members of the committees constituted under sub-section (1) of Section 13.
    • Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification shall be without prejudice to the validity of anything previously done under that rule.
    Power of State Government to Make Rules
    • The State Government may, by notification, make rules, not being a matter for which the rules are or required to be made by the Central Government, for carrying out the provisions of this Act.
    • Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
      • the composition of the State Co-ordination Committees and other committees constituted by the State Government under sub-section (4) of Section 13, the power and functions thereof, the number of members and their terms and conditions of appointment and other matters connected therewith;
      • the fees and allowances to be paid to the members of the committees constituted under sub-section (4) of Section 13;
      • any other matter which is required to be, or may be prescribed.
    • Every rule and every scheme made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.
    Power to Remove Difficulties
    • If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the difficulty:

      Provided that no such order shall be made in relation to a State after the expiration of three years from the commencement of this Act in that State.

    • Every order made under this Section shall, as soon as may be after it is made, be laid before each House of Parliament.

    Source: Broken People: Caste Violence against India's ‘Untouchables’ (pp. 250–64). 2001. Human Rights Watch, Books for Change.

    Annexure VII: Demographic Profile

    Table 7A.1: Total Population in India

    Table 7A.2: SC Population in India

    Table 7A.3: Share of States in Population of India by Social Groups, 2001

    Table 7A.4: Annual Compound Growth Rate of the SC Population

    Table 7A.5: Annual Compound Growth Rate of the Non-SC/ST Population

    Table 7A.6: Annual Compound Growth Rate of All Groups

    Table 7A.7: Percentage Share of the SC Male and Female Population to the Total SC Population

    Table 7A.8: Sex Ratio of the SC Population and the Total Population
    Table 7A.9: Vertical Share of the SC Population, 2001

    Table 7A.10: Percentage of the SC Population by Gender in the Total State Population, 2001

    Table 7A.11: Annual Compound Growth Rate of the SC Male and Female Population

    Table 7A.12: Percentage Share of the Urban Population in the Total Population, 1981

    Table 7A.13: Percentage Share of the Urban Population in the Total Population, 1991

    Table 7A.14: Percentage Share of the Urban Population in the Total Population, 2001

    Table 7A.15: Annual Compound Growth Rate of the Urban SC Population

    Table 7A.16: Annual Compound Growth Rate of the Urban Non-SC/ST Population

    Table 7A.17: Percentage Share of the Urban Male and Female Population to the Total Male and Female Population, 1981

    Table 7A.18: Percentage Share of the Urban Male and Female Population to the Total Male and Female Population, 1991

    Table 7A.19: Percentage Share of the Urban Male and Female Population to the Total Male and Female Population, 2001

    Annexure VIII: Occupational Pattern

    Table 8A.1: Share of the Rural SC Workers Engaged in the Agriculture Sector to the Total Rural SC Main Workers

    Table 8A.2: Disparity Index of Workers Engaged in the Agriculture Sector

    Table 8A.3: Distribution of Rural Households Engaged in the Agriculture Sector for SCs

    Table 8A.4: Proportion of SC Cultivators in Rural Main Workers

    Table 8A.5: Disparity Index of Workers Engaged as Rural Cultivators

    Table 8A.6: Percentage Distribution of SC Main Rural Workers in the Household Industry

    Table 8A.7: Disparity Index of Workers Engaged in the Household Industry

    Table 8A.8: Proportion of SC Rural Households Engaged as SENA

    Table 8A.9: Distribution of Urban SC Households by Household Type

    Annexure IX: Ownership of Agricultural Land

    Table 9A.1: Percentage of Landless and Near-Landless Households according to Land Possessed for SC Households, 1999–2000
    Table 9A.2: Ratio of SCs to Non-SCs/STs among the Landless and Near-landless, 1992

    Table 9A.3: Ratio of SCs to Non-SCs/STs among the Landless and Near-Landless, 1999–2000

    Annexure X: Rural Wage Labour-Magnitude and Characteristics

    Table 10A.1: Percentage of Rural Labour Households to Total Rural Households
    Table 10A.2: Percentage of Agricultural Labour Households to Total Rural Households

    Table 10A.3: Disparity Index of Rural Labour Households: SCs/Non-SCs/STs
    State1974–751999–2000
    Andhra Pradesh0.470.37
    Assam0.270.04
    Bihar0.620.48
    Gujarat0.710.41
    Haryana0.990.61
    Himachal Pradesh0.840.33
    Jammu and Kashmir0.550.71
    Karnataka0.480.40
    Kerala0.510.43
    Madhya Pradesh0.430.33
    Maharashtra0.430.31
    Orissa0.690.25
    Punjab1.180.80
    Rajasthan0.870.51
    Tamil Nadu0.480.34
    Uttar Pradesh0.730.56
    West Bengal0.110.18
    India0.500.37
    Source:Rural Labour Enquiry, Report of General Characteristics of Rural Labour Households, 1974–75 and 1999–2000, National Labour Bureau, Shimla.
    Table 10A.4: Disparity Index of Agricultural Labour Households: SCs/Non-SCs/STs
    State1974–751999–2000
    Andhra Pradesh0.500.37
    Assam0.410.01
    Bihar0.640.48
    Gujarat0.680.42
    Haryana1.390.62
    Himachal Pradesh0.87
    Jammu and Kashmir0.400.37
    Karnataka0.490.41
    Kerala0.610.63
    Madhya Pradesh0.440.35
    Maharashtra0.490.34
    Orissa0.860.23
    Punjab1.300.75
    Rajasthan0.960.58
    Tamil Nadu0.520.37
    Uttar Pradesh0.760.59
    West Bengal0.300.19
    India0.530.39
    Source:Rural Labour Enquiry, Report of General Characteristics of Rural Labour Households, 1999–2000, National Labour Bureau, Shimla.
    Table 10A.5: Rural Labour Households with Land and without Land

    Table 10A.6: Agricultural Labour Households with Land and without Land

    Table 10A.7: Percentage Distribution of Rural Labour Households with Land by Size of Land Cultivated, 1999–2000 (size in ha)

    Table 10A.8: Percentage Distribution of Agricultural Labour Household with Land by Size of Land Cultivated, 1999–2000 (size in ha)
    Table 10A.9: Real Wages of Rural Labour Households, 1974–75

    Table 10A.10: Real Wages of Rural Labour Households, 1999–2000

    Annexure XI: Employment and Unemployment

    Table 11A.1: Rural Employment Rate of SCs and Non-SCs/STs by Current Daily Status
    Table 11A.2: Disparities in Employment Rate (CDS) between SC and Non-SC/ST Males (Rural)

    Table 11A.3: Disparities in Employment Rate (CDS) between SC and Non-SC/ST Females (Rural)

    Table 11A.4: Urban Employment Rate of SCs and Non-SCs/STs according to Current Daily Status
    Table 11A.5: Disparities in Employment Rate (CDS) between SC and Non-SC/ST Males (Urban)

    Table 11A.6: Percentage of Rural Persons of Age 5 Years and above Unemployed according to Current Daily Status for SC and Non-SC/ST Households

    Table 11A.7: Disparities in Unemployment Rate (CDS) between SCs and Non-SCs/STs (Rural)
    Table 11A.8: Percentage of Urban Persons of Age 5 Years and above Unemployed according to Current Daily Status

    Table 11A.9: Disparities in Unemployment Rate (CDS) between SCs and Non-SCs/STs (Urban)

    Annexure XII: Employment under Reservation

    Table 12A.1: Government Employment of SCs and Non-SCs/STs (Decadal Average)
    YearsSCNon-SC/ST
    1960s296,1661,884,395
    1970s398,2862,385,697
    1980s535,3232,660,717
    1990s602,4862,728,336
    2000s*577,1422,704,596
    Source: Thorat, Sukhadeo and Chittaranjan Senapati. 2006. ‘Reservation Policy in India—Dimensions and Issues’, Working Paper Series, Vol. I, No. 02, IIDS.

    Note: * Based on three years—2000–03.

    Table 12A.2: Percentage Share of SCs and Non-SCs/STs to Total Employees in Government Jobs by Category (Excluding Sweepers)

    Table 12A.3: Percentage Distributions of SC and Non-SC/ST Employees in Government Jobs by Category
    Table 12A.4: Government Employment of SCs and Non-SCs/STs by Category (Decadal Average)

    Table 12A.5: Government Employment of SCs and Non-SCs/STs by Category (Decadal Point to Point)

    Table 12A.6: Percentage Share of SC and Non-SC/ST Employees in PSEs
    On 1 JanuarySCNon-SC/ST
    19717.490.3
    197916.975.4
    198017.475.0
    198919.570.7
    199019.670.5
    199917.474.6
    200018.073.9
    200416.076.2
    Source: Thorat, Sukhadeo and Chittaranjan Senapati. 2006. ‘Reservation Policy in India—Dimensions and Issues’, Working Paper Series, Vol. I, No. 02, IIDS.
    Table 12A.7: Percentage Share of Social Groups to the Total Employees in PSE Jobs by Category (Excluding Sweepers)

    Table 12A.8: Percentage Distribution of SC and Non-SC/ST Employees in PSEs by Category, 1971–2004

    Table 12A.9: SC and Non-SC/ST Employment in PSEs (Decadal Point to Point)

    Table 12A.10: Employments of SCs and Non-SCs/STs in PSEs by Category (Decadal Average)
    Table 12A.11: Percentage Share of SCs and Non-SCs/STs to the Total Employees in Public Sector Banks
    YearSCNon-SC/ST
    197810.288.2
    198011.686.3
    198813.882.6
    199014.481.4
    199915.279.9
    200016.179.0
    200417.676.7
    Source: Thorat, Sukhadeo and Chittaranjan Senapati. 2006. ‘Reservation Policy in India—Dimensions and Issues’, Working Paper Series, Vol. I, No. 02, IIDS.

    Table 12A.12: Employment of SCs and Non-SCs/STs in Public Sector Banks (Decadal Point to Point)

    Table 12A.13: Employment of SCs and Non SCs/STs in Public Sector Banks (Decadal Point to Point)
    YearSCNon-SC/ST
    1980–8899,345619,628
    1990–99135,111720,430
    2000–04137,205633,807
    Source: Thorat, Sukhadeo and Chittaranjan Senapati. 2006. ‘Reservation Policy in India—Dimensions and Issues’, Working Paper Series, Vol. I, No. 02, IIDS.
    Table 12A.14: Percentage Share of SCs and Non-SCs/STs in the Total Number of Employees in Public Sector Banks by Category

    Table 12A.15: Percentage Distribution of SC and Non-SC/ST Employees in Public Sector Banks by Category (Vertical)
    Table 12A.16: SC and Non-SC/ST Bank Employees by Category (Decadal Point to Point)

    Table 12A.17: Public Sector Bank Employment of SCs and Non-SCs/STs by Category (Decadal Average)

    Table 12A.18: Employment of SCs and Non-SCs/STs in Public Sector Insurance Companies (Point to Point)
    Table 12A.19: Percentage Share of SCs and Non-SCs/STs in the Total Number of Employees in Public Sector Insurance Companies by Category
    Table 12A.20: Employment for SCs and Non-SCs/STs in Public Sector Insurance Companies by Category (Point to Point), 1993–2000

    Table 12A.21: Percentage Distribution of SC and Non-SC/ST Employees in Public Sector Insurance Companies by Category

    Annexure XIII: Rural Poverty—Magnitude and Change

    Table 13A.1: Disparity Ratio among Social Groups, 1999–2000 (Rural)
    StatesSC/Non-SC/ST
    Andhra Pradesh2.02
    Assam1.10
    Bihar1.56
    Gujarat2.15
    Haryana3.98
    Himachal Pradesh2.07
    Jammu and Kashmir3.72
    Karnataka1.86
    Kerala1.71
    Madhya Pradesh1.54
    Maharashtra1.92
    Orissa1.56
    Punjab5.31
    Rajasthan2.30
    Tamil Nadu2.21
    Uttar Pradesh1.62
    West Bengal1.22
    Other States and Union Territories
    Chandigarh0.08
    Manipur0.70
    Pondicherry2.22
    Sikkim1.53
    Tripura0.95
    All India1.67
    Source: Calculated from ‘Differences in Level of Consumption Among Socio-Economic Groups’, NSS, 55th Round, Ministry of Statistics and Programme Implementation, Government of India.
    Table 13A.2: Rural Poverty Ratio, 1999–2000

    Table 13A.3: Change in Rural Poverty (Annual Compound Growth Rate), 1983–1999/2000

    Table 13A.4: Net Change in Disparity Ratio (Rural)

    Table 13A.5: Economic Characteristics of SCs in High and Low Poverty States, 1999–2000 (Rural)

    Table 13A.6: Economic Characteristics of Non-SCs/STs in High and Low Poverty States, 1999–2000 (Rural)

    Table 13A.7: Economic Characteristics—Average Values for High Poverty States (Rural)

    Table 13A.8: Economic Characteristics—Average Values for Low Poverty States

    Table 13A.9: Correlation Matrix of Rural Poverty, 1983
    VariablesSCNon-SC/ST
    Poverty Ratio1.0001.000
    Percentage of Landless Households0.233
    Percentage of Landless + Near-Landless Households0.263
    Percentage of Cultivators−0.1360.395
    Percentage of Urbanisation−0.568−0.447
    Percentage of Agricultural Workers0.6900.616
    Percentage of Non-Agricultural Workers−0.690−0.616
    Employment Rate by CWS (Male)0.270−0.174
    Employment Rate by CWS (Female)0.317−0.144
    Employment Rate by CDS (Male)−0.208−0.316
    Employment Rate by CDS (Female)0.213−0.170
    Unemployment Rate by CWS (Male)0.214−0.114
    Unemployment Rate by CWS (Female)0.4840.095
    Unemployment Rate by CDS (Male)0.4710.058
    Unemployment Rate by CDS (Female)0.5720.002
    Agricultural Wage (Male)−0.264−0.267
    Agricultural Wage (Female)0.1450.129
    Non-Agricultural Wage (Male)−0.498−0.356
    Non-Agricultural Wage (Female)−0.734−0.670
    Literacy Rate (Male)−0.235−0.218
    Literacy Rate (Female)−0.140−0.293
    Source: Thorat, Sukhadeo and Chittaranjan Senapati. 2006. ‘Reservation Policy in India—Dimensions and Issues’, Working Paper Series, Vol. I, No. 02, IIDS.
    Note: CWS is Current Weekly Status; CDS is Current Daily Status.
    Table 13A.10: Correlation Matrix of Rural Poverty, 1993–94
    VariablesSCNon-SC/ST
    Poverty Ratio1.0001.000
    Capital Asset per Household−0.178−0.412
    Percentage of Landless Household0.4040.378
    Percentage of Landless + Near-Landless Household0.1400.380
    Percentage of Cultivators0.0100.217
    Percentage of Self-Employed in Agriculture0.0650.290
    Percentage of Self-Employed in Non-Agriculture0.1370.042
    Percentage of Urbanisation−0.604−0.583
    Percentage of Agricultural Workers0.5160.388
    Percentage of Non-Agricultural Workers−0.516−0.388
    Percentage of Rural Labour0.120−0.006
    Percentage of Agricultural Labour0.4410.369
    Other Workers−0.312−0.400
    Employment Rate by CWS (Male)0.034−0.417
    Employment Rate by CWS (Female)0.241−0.057
    Employment Rate by CDS (Male)−0.088−0.431
    Employment Rate by CDS (Female)0.2110.014
    Unemployment Rate by CWS (Male)−0.428−0.134
    Unemployment Rate by CWS (Female)−0.409−0.322
    Unemployment Rate by CDS (Male)−0.064−0.056
    Unemployment Rate by CDS (Female)−0.191−0.368
    Agricultural Wage (Male)−0.491−0.556
    Agricultural Wage (Female)−0.611−0.483
    Non-Agricultural Wage (Male)−0.292−0.315
    Non-Agricultural Wage (Female)−0.187−0.194
    Literacy Rate (Male)−0.400−0.292
    Literacy Rate (Female)−0.478−0.345
    Primary and Middle Level (Male)−0.4790.160
    Primary and Middle Level (Female)−0.351−0.234
    Secondary and Higher Secondary Level (Male)−0.218−0.191
    Secondary and Higher Secondary Level (Female)−0.481−0.308
    Graduate and Above Level (Male)−0.483−0.387
    Graduate and Above Level (Female)−0.497−0.575
    Source: Thorat, Sukhadeo and Chittaranjan Senapati. 2006. ‘Reservation Policy in India—Dimensions and Issues’, Working Paper Series, Vol. I, No. 02, IIDS.
    Note: CWS is Current Weekly Status; CDS is Current Daily Status.
    Table 13A.11: Correlation Matrix of Rural Poverty, 1999–2000
    VariablesSCNon-SC/ST
    Poverty Ratio1.0001.000
    Percentage of Landless0.340−0.008
    Percentage of Landless + Near Landless Households−0.0070.145
    Percentage of Cultivators0.1350.367
    Percentage of Self-Employed in Agriculture−0.0520.316
    Percentage of Self-Employed in Non-Agriculture0.080−0.253
    Percentage of Urbanisation−0.572−0.469
    Percentage of Agricultural Workers0.5760.539
    Percentage of Non-Agricultural Workers−0.576−0.539
    Percentage of Rural Labour0.297−0.007
    Percentage of Agricultural Labour0.4300.509
    Other Workers−0.425−0.431
    Employment Rate by CWS (Male)−0.121−0.268
    Employment Rate by CWS (Female)0.106−0.107
    Employment Rate by CDS (Male)−0.076−0.305
    Employment Rate by CDS (Female)0.150−0.056
    Unemployment Rate by CWS (Male)−0.1790.176
    Unemployment Rate by CWS (Female)−0.0790.178
    Unemployment Rate by CDS (Male)−0.0520.194
    Unemployment Rate by CDS (Female)0.0000.(54)
    Literacy Rate (Male)−0.421−0.391
    Literacy Rate (Female)−0.499−0.316
    Primary and Middle Level (Male)−0.324−0.006
    Primary and Middle Level (Female)−0.495−0.251
    Secondary and Higher Secondary Level (Male)−0.513−0.299
    Secondary and Higher Secondary Level (Female)−0.533−0.321
    Graduate and Above Level (Male)−0.350−0.278
    Graduate and Above Level (Female)−0.278−0.403
    Agricultural Wage (Male)−0.686−0.610
    Agricultural Wage (Female)−0.556−0.481
    Non-Agricultural Wage (Male)−0.402−0.463
    Non-Agricultural Wage (Female)−0.504−0.490
    Source: Thorat, Sukhadeo and Chittaranjan Senapati. 2006. ‘Reservation Policy in India—Dimensions and Issues’, Working Paper Series, Vol. I, No. 02, IIDS.
    Note: CWS is Current Weekly Status; CDS is Current Daily Status.

    Table 13A.12: Regression Results—Factors Affecting Rural Poverty, 1983

    Table 13A.13: Regression Results—Factors Affecting Rural Poverty, 1993–94

    Table 13A.14: Regression Results—Factors Affecting Rural Poverty, 1999–2000

    Annexure XIV: Literacy and Education

    Table 14A.1: School Attendance Rates by Sex and Social Groups, 1987–88 and 1993–94
    Table 14A.2: School Dropout Rates for Boys and Girls by Stages of Education and Social Groups, 2002

    Table 14A.3: State-wise Participation and Coefficient of Equality in Higher Education for SCs

    Annexure XV: Access to Civil Amenities—Housing, Water and Electricity

    Table 15A.1: Distribution of SC Households by the Condition of Occupied Census Houses

    Table 15A.2: Distribution of Non-SC/ST Households by the Condition of Occupied Census Houses

    Table 15A.3: Proportion of Households Living in Houses with Pucca Roofs among Social Groups, 2001

    Table 15A.4: Proportion of Households Living in Houses with Pucca Walls by Social Groups, 2001

    Table 15A.5: Distribution of Households by Tenure and Social Groups, 2001

    Table 15A.6: Percentage of SC and Non-SC/ST Households Having Safe Drinking Water, 2001
    Table 15A.7: Percentage of SC and Non-SC/ST Households Having Toilet Facility, 2001

    Table 15A.8: Percentage of SC and Non-SC/ST Households Having Electricity, 1991

    Table 15A.9: Percentage of SC and Non-SC/ST Households Having Electricity Connection, 2001

    Annexure XVI: Practice of Untouchability and Atrocities

    Table 16A.1: Incidence of Crimes Committed against SCs during 2001

    Table 16A.2: Incidence of Crimes Committed against SCs during 2000

    Table 16A.3: Incidence of Crimes Committed against SCs during 1999

    About the Author

    Sukhadeo Thorat is Chairman, University Grants Commission, and Professor of Economics at the Centre for the Study of Regional Development, Jawaharlal Nehru University, New Delhi. He was awarded the Padma Shri in 2008 in the field of Literature and Education.

    He has been a visiting faculty at Iowa State University, Ames, and a consultant to International Food Policy Research Institute, Washington DC, U.S.A. since 1992 and The Associate of IFPRI for the last 10 years. He has authored more than 10 books and several research papers. His areas of research are agricultural development, rural poverty, institution and economic growth, problems of marginalised groups such as SC/ST, economics of caste system, caste discrimination and poverty, human development, human rights issues, slums, and so on.


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