ANNEXURE-1

The Protection Of Civil Rights Act, 1955

Act No 22of1955

(As on the 1st September, 1977)

( 8th 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 the Parliament in the Sixth Year of the Republic of India as

follows:-

1. (1) This Act may be called the Protection of Civil Rights Act 1955.

(2) It extends the whole oflndia

(3) It shall come into force on such date as the Central Government may ,by

notification in the Official Gazette appoint

398
2. In this Act, unless the context otherwise requires:-

(a) "civil rights" means any right accruing to a person by reason of the abolition

of "untouchability" by article 17 of the Constitution ;

(b) "hotel" includes a refreshment room, a boarding house, a lodging house, a

coffee house and cafe;

(c) "place" includes a house, building and other structure and premises ; and also

includes a tent , vehicle and vessel

(d) 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, perfonnance, game, sport

and other form of amusement;

(b) "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 by ,

persons professing any religion or belonging to any religious denomination or

any section thereof , for the performance of any religious service , or for

offering prayers therein ; and includes-

(i) all lands and subsidiary shrines appurtenant or attached to any such

place;

399
 (ii) a privately owned place of worship which is in fact , allowed by the

owner thereof to be used as a place of pubic worship, and

(iii) 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.

(da) "prescribed" means prescribed by rules made under this Act

(db) "Scheduled Castes" has the meaning assigned to it in clause (24) of

Article 366 of the Constitution

(c) : shop" means any premises where goods are sold either wholesale or by retail

or both wholesale and buy retail and includes -

(i) any place from where goods are sold by a hawker or vendor from a

mobile van or cart

(ii) a laundry and a hair cutting saloon;

(iii) any other place where services are rendered to customers

3. Whoever on the ground of 'untouchability "prevents any person-

(a) From entering any place of public worship which is open to other persons

professing the same religion or any section thereof, as such person; or

400
 (b) from worshipping or offering prayers or performing any religious service

in any place of public service, or bathing in or using the waters of , any

sacred tank ,well spring or water-course {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 other persons professing the same

religion or any section thereof as such person;

shall be punishable with imprisorynent 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- For the purpose of this section and Section 4 persons professing

the Buddhist, Sikh Qr Jain religion -or persons professing the Hindu religion in

any of its forms or development including Virashaivas, Lingayats, Adivasis,

followers cf Brahmo Prarthana, Arya Samaj and the Swaminarayan

Sampradaya shall be deemed to be Hindus.

4. Whoever on the ground of "untouchability "enforces against any person any

disability with regard to

(a) access to any shop , public restauraJ1t , hotel or place of pub1lc

entertainment; or

40i
 (b) use of any utensils and other articles kept in any public restaurant

, hotel , dharmsala , sarai or musafirkhana for the use of the

general public or of any section thereof; or

(iii) the practice of any profession or the carrying of any

occupation, trade or business or employment in any job; or

(iv) the use of, or access to , any river , stream , spring ,well , 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 ;or

(v) the use of, or access to any place for a charitable or a public purpose

maintained wholly or partly out of State funds or dedicated to the use of

the general public any section thereof; or

(vi) the enjoyment of any benefit under a charitable trust created for the

benefit of the general public or of any section thereof; or

(vii) the use of, or access to any public conveyance ;or

(viii) the construction, acquisition or occupation of any residential premises

in any locality, whatsoever, or

(ix) the use of any dharmshala, sarai or musafirkhana which is open to the

general public , or to any section thereof, or

(x) the observance of any social or religious custom, usage or ceremony or

taldng part in , or taldng ,any religious , social or cultural procession; or

(xi) the use of jewellery and finery

402
 shall be punishable with imprisonment for a tenn of not less than one

month and not more than six months and also with fine which shall be not be

less than one hundred rupees and not more than five hundred rupees.

Explanation- For the purposes of this section ,"enforcement of any disability"

includes any discrimination on the ground of "untouchability".

5. Whoever on the ground ofUntouchability

(a) refuses admission to any person to any hospital, dispensary, educational

institution or any hostel , if such hospital , dispensary , educational

institution or hostel is established or maintained for the benefit of the

general public or any section thereof; or

(b) does any act which discriminates against any such person after admission

to any of the aforesaid institution;

shall be punishable with imprisonment for a tenn 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

6. 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

403
 same terms and conditions at or on which such goods are sole 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 than one

hundred rupees and not more than five hundred rupees.

7. ( 1) Whoever-

(a) prevents any person from exercising any right accruing to him by reason

of the abolition ofuntouchability under Article 17 of the Constitution; or

(b) 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

(c) by words, either spoken or written , or by signs or by visible to

representations or otherwise , incites or encourages any person or class of

persons or the public generally to practice untouchability in any form

whatsoever, or

(d) insults or attempts to insult on the ground of untouchability a member of

a 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 not be

less than one hundred rupees and not more than five hundred rupees.

404
Explanation-I A person shall be deemed to boycott another person who-

(a) 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 to do business with , such other person or to render to him or

receive from him any customary, or refuses to do any of the said things

on the terms on which such things would be commonly done in the

ordinary course of business; or

(b) 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 of untouchability-

( I) if he directly or indirectly preaches untouchability or its practice

in any form, or

(ii) if he justifies, whether on historical, philosophical or religious

grounds or on the ground of any tradition of the caste system or on

any ground , the practice of untouchability in any form.

405
 (IA) Whoever commits any offence against the person or property of

any individual as a reprisal or revenge for his having exercised any

right accruing to him by reason of the abolition of untouchability

under Article 17 of the Constitution , shall where the offence is

punishable with imprisonment for a term exceeding two years be

punishable with imprisonment for a term which shall be not less than

two years and also with fine.

(2) Whoevei:-

(c) denies to any person belonging to his community of any section

thereof any right or privilege to which such person would be

entitled as member of such community of section, or

(ii) takes any part in the ex-communication of such person , on the

ground that such person has refused to practice untouchability or

that such person has done any act in the furtherance of the

objects of this Act.

Shall be punishable with imprisonment for a terms 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

7A. (I) Whoever compels any person on the ground of untouchability to do any

scavenging or sweeping or to remove any carcass or to flay or to remove the

406
unbiblical cord or to do any other job of a similar nature shall be deemed to have

enforced a disability arising out of untouchability

(2) 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 purposes of this section "compulsion" includes a threat

of social boycott.

8. When a person who is convicted of an offence under section 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 the 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 a permission

407
9. Where the manager or trustee of a place of public worship or any educational

institution or hostel which is in receipt of 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 or resumption of the whole or any part of such grant.

10. Whoever abets any offence under this Act shall be punishable with the

punishment provided for the offence.

1OA (I) If, after inquiry in the prescribed manner , the State Government is

satisfied that the inhabitants of an area are 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 offender or 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 inhabitants 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

apportion of such fine to a Hindu undivided family to be payable by it.

408
 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 of

(2) The notification made under sub-section (1) shall be proclaimed in 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.

(3) (a) Any person aggrieved by the imposition of the collective fine under

sub-section( 1) or by the order of appointment , 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 appointment;

Provided that no fee 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 realised 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.

409
(4) 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 , fatl 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

(5) The portion of collective fine payable by any person ( including a Hindu

undivided fumily) may be recovered in the manner provided by the Code of

Criminal Procedure 1973 for the recovery of fines imposed by a court as if

such portion were a fine imposed by a Magistrate.

11. Whoever having already been convicted of an offence under this Act or of an

abatement of such offence is again convicted of any such offence or

abatement shall on conviction be punishable-

(a) 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

(b) For the third offence or any offence subsequent to the third offence with

imprisonment for a term off 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

410
12. 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

13. (1) No civil court shall entertain or continue any suit or proceeding or shall

pass any decree or order or execute wholly or partially any decree or order if

the claim involved in such suit or proceeding or if the passing of such decree

or order or if such execution would in any way be contrary to the provisions

of this Act.

(2) 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 ofuntouchability.

14. (1) 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 ,I fhe proves that the offence was committed

411
without his knowledge or that he exercised all due diligence to prevent the

commission offence

(2) Notwithstanding any thing 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-

(a) "company" means any body , corporate and includes a firm or other

association of individuals and

(b) " director " in relation to a firm means a partner in the firm.

14 A (1) No suit , prosecution or other legal proceeding shall lie against the

Central Government or a State Government for any thing which is in good

faith done or intended to be done under this Act.

(2) No suit or other legal proceeding shall lie against the central

Government or a State Government for any damage caused or likely to be

412
 caused by any thing which is in good faith done or intended to be done under

this Act.

15. (1) Notwithstanding anything contained in the Code of Criminal

Procedure, 1973 every offence punishable under this act shall be cognisable

and every such offence except where it is punishable with imprisomnent for a

minimum term exceeding three months may tried summarily by a judicial

Magistrate of the first class or in a metropolitan area by Metropolitan

magistrate in accordance with the procedure specified in the said code.

(2) Notwithstanding any thing contained in the Code of Criminal

procedure , 1973 when any public servant is alleged to have committed

the offence or abatement of offence punishable under this Act while

acting or purporting to act in the discharge of his official duty , no

court shall take cognizance of such offence or abetment except with

the previous sanction-

(a) of the Central Government in the case of a person employed in

connection with the affairs of the Union and

(b) of the State Government , in the case of a person employed in

connection with the affairs of a State.

15 A (1) 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

413
ensuring that the rights arising from the abolition of untouchability are made

available to and are availed of by the persons subjected to any disability arising out

or untouchability.

(2) In particular and without prejudice to the generality of the provisions

of sub-section ( 1) such measures may include-

(i) 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;

(ii) the appointment of officers for initiation or exercising supervision

over prosecutions for the contravention of the provisions of this

Act.

(iii) The setting up of special courts for the trial of offences under this

Act.

(iv) The setting up of committees at such appropriate levels as the

State Government may think fit to assist the State Government in

formulation or implementing such measures;

(v) 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;

(vi) The identification of the areas where persons are under any

disability arising out of untouchability and adoption of such

414
 measures as would ensure the removal of such disability from

such areas.

3. The Central Government shall take such steps as may be necessary to

co-ordinate the measures taken by the State Governments under sub-

section( I)

4. The Central Government shall, every year place on the Table of each

House of Parliament , are port on the measures taken by itself and by

the State Governments in pursuance of the provisions of this sections.

16. 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.

16.A The provisions of the Probation of offenders Act , 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.

415
16.B. The Central Government may by notification in the official

Gazette make rules to carry out the provisions of this Act.

(2) Every rule made by the Central Government under this Section

shall be laid , as soon as may be after it is made , before each House of

the 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 or the successive session , Both Houses agree in making

any modification in the rule or both Houses agree that the rule should not

be made the rule shall there after have effect only in such modified form

or be of no effect as the case may be; so however that any such

modification

416
 ANNEXURE-2

THE SCHEDULED CASTES AND THE SCHEDULED TRIBES

(PREVENTION OF ATROCITIES) ACT, 1989

No. 33 of 1989

[11th September, 1989.]

An Act to prevent the commissions of offences of atrocities against the

members of the Scheduled Caste and the Scheduled Tribes, to provide for

Special Court for the trial of such offences and for the relief and rehabilitation

of the victims of such offences and for matters connected there with there to.

BE it enacted by Parliament in the Fortieth Year of the Republic of India as

follow: -

CHAPTER 1

PRELIMINARY

1. Short title, extent and commencement.-{ 1) This Act may be called the

Scheduled Castes and the Scheduled Tribes (prevention of Atrocities) Act,

1989.

(2) It extends to the whole ofindia except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.

2. Definitions. -{l) In this Act, unless the context otherwise requires,

(a) atrocity" means an offence punishable under section 3;

(b) 'Code" means the code of Criminal Procedure. 1973 ( 2of1974);

417
 (c) "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;

(d) "Special Court means a court of sessions specified as a special Court in

section 14;

(e) Special Public Prosecutor" means a Public Prosecutor specified as a

Special Public Prosecutor specified as a Special Public Prosecutor or an

advocate referred to in section 15;

(t) 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, or as the case may be, in the Indian

Penal Code.

(2) Any reference in this Act to any enactment or any provision thereof shall, in

relation to an area in which such enactment or such provision is not in force, be

construed as a reference to the corresponding law, if any, in force in that area.

CHAPTER JI

OFFENCES OF ATROCITIES

3. Punishment for offences of atrocities.-(1) Whoever, not being a member

of a Scheduled Caste or a Scheduled Tribes,-

(i) forces a member of a Scheduled Caste or a Scheduled Tribe to drink or

eat any inedible or obnoxious ~stance;

(ii) 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;

418
 (iii) 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;

(iv) 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;

(v) wrongfully dispossesses a member of a Scheduled caste or a Scheduled

Tribe from his land or premises or interferes with the enjoyment of his rights

over any land, premises or water;

(vi) 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 then any

compulsory service for public purposes imposed by Government;

(vii) forces 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;

(viii) institutes false, malicious or vexatious suit or criminal or other legal

proceedings against a member of a Scheduled Caste or a Scheduled Tribe;

(ix) gives any false or frivolous information to any public servant and

thereby caused such public servant to use his lawful power to the injury or

annoyance of a member of a Scheduled Caste or a Scheduled Tribes;

(x) intentionally insults or intimidates with intent to humiliate a member of a

Scheduled Caste or a Scheduled Tribe in any place within public view ;

(xi) assaults or uses force to any women belonging to a Scheduled Caste or a

Scheduled Tribe with mtent to dishonour or outrage her modesty ;

419
(xii) 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 not have otherwise agreed;

(xiii) corrupts or fouls the water of any spring, reservoir or any other source

ordinarily used by members of the Scheduled Caste or the Scheduled Tribes so

as to render it less fit for the purpose for which it is ordinarily used;

(xiv) denies a member of a Scheduled Case 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 of public or any section thereof have a right to use or

access to;

(xv) forces or causes a member of a 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.

(2) Whoever, not being a member of a Scheduled Caste or a Scheduled

Tribes,

(i) 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;

420
 (ii) gives or fabricates false evidence intending thereby to cause, or

knowing it to be likely that he will thereby cause, or knowing it to be likely that

he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribes

to be convicted of an offence which is not capital but 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;

(iii) commits mischief by frre 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 tern which shall not be less than

six months but which may extend to be seven years and with fine;

(iv) 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;

(v) commits any offence under the Indian Panel 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 person is a member of a

Scheduled Caste or a Scheduled Tribe or such property belongs to such

member, shall be punishable with imprisonment for life and with fine;

(vi) knowingly 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

421
 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

(vii) 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.

4. 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.

5. 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 for a term which shall not be less

than one year but which may extend ·to the punishment provided for that

offence.

6. Application of certain provisions of the Indian panel Code.-Subject to

the other provisions of this act, the provisions of this Act, the provisions of

section 34, Chapter III, Chapter IV, Chapter V, Chapter VA, section 194

and chapter XXIII of the Indian Panel Code, shall, so far as may be, apply

for the purpose of this Act as they apply for the purpose of the Indian Panel

Code.

7. Forfeiture of property of certain persons.-(1) Where a person has been

convicted of any offence punishable under this Chapter, the special Court

422
 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.

(2) where any person is accused of any offence under his Chapter, it shall be

open to the Special Court trying him to pass an order that all or any of the

properties, movable or both, belonging to him, shall, during the period of

such tria~ 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

propose of realisation of any fine imposed under this Chapter.

(8) Presumption as to offences.-In a prosecution for an offence under this

Chapter, if it is proved that-

(a) the accused rendered any financial assistance to a person accused of, 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;

(b) a group of person 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.

9. Conferment of powers.-(1) 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,

423
 (a) for the prevention of and for coping with any offence under this

Act, or

(b) 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 s the

case may be, for such cases, and in particular, the powers of arrest,

investigation and prosecution of persons before any Special court.

(2) 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

thereunder.

(3) The provisions of the Code shall, so far a may be apply to the

exercise of the powers by an officer under sub-section (1).

CHAPTER III

EXTERNMENT

10. Removal of person likely to commit offence.- (1) 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

424
to remove himself for such period, exceeding two years, as may be specified in

the order.

(2) 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.

(3) 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.

11. Procedure on failure of person to remove himself from area and

enter thereon after removal- ( 1) If a person to whom a direction has been

issued under section 10 to remove himself from any area -

(a) fails to remove himself as directed; or

(b) 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 remove in police custody to such place

out side such area as the Special Court may specify.

(2) The Special Court may, by order in writing, permit any person in

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 condition as may be specified in

425
 such order and may require him to execute a bond with or without

surety for the due observation of the condition imposed.

(3) The Special Court may at any time revoke any such permission.

(4) 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 out side such

area and shall not return thereto within the unexpired portion specified

under section 10 without a fresh permission.

(5) If a person fail 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 remove in police custody to such place

outside such area as the Special Court may specify.

12. 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.

(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

his taking of such measurements or photographs, it shall be lawful to use all

necessary means to secure the taking thereof

426
 (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 Panel Code (45of1860 ).

(4) where an order under section 10 is revoked, all measurements or

photographs ( including negatives) taken under sub - section (2) shall be

punishable with imprisonment for a term which may extend to one year and

with fine.

13. 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.

CHAPTER IV

SPECIAL COURTS

14. Special Court. -For the purpose of providing for the speedy trial, the State

Government shal~ with the concurrence of the Chief Justice of the High

Court, by notification in the Official Gazette, specify for each district a

Court of Sessions to be a Special Court to try the offence under this Act.

15. Special Public Prosecutor. - For every Special Court,. the State

Government shal~ 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.

427
 CHAPTER V

MISCELLANEOUS

16. Power of State Government to impose collective fine. - The provisions

of section lOA of the Protection of Civil rights 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 therewith under this

Act.

17. Preventive action to be taken by the law and order machinery. - (1) 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 Schedule 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 option 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.

(2) the provisions of Chapter VIII,X and XI of the code shall, so far as may

be, apply for the purposes of sub- section (1)

(3) 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

428
 such scheme or schemes to prevent atrocities and to restore the feeling

of security amongst the members of the Scheduled Castes and the

Scheduled Tribes.

18. 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.

19. Section 360 of the Code or the provisions of the Probation of Offenders

Act not to apply to person 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 ( 20of1958) shall not apply to atiy person above the

age of eighteen years who is found guilty of having committed an offence

under this Act.

20. 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 or any instrument having effect by virtue of any

such law.

21. Duty of Government to ensure effective implementation of the act. -(1)

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.

(2) In particular, and without prejudice to the generality of the foregoing

provisions, such measures may include, -

429
 (i) the provision for adequate facilities, including legal aid, to the persons

subjected to atrocities to enable then to avail themselves of justice;

(ii) the provision for travelling and maintenance expenses to witnesses,

including the victims of atrocities, during investigation and trial of offences

under this Act;

(iii) the provision for the economic and social rehabilitation of the victims

of the atrocities;

(iv) the appointment of officers for initiating or exercising supervision over

prosecutions for the contraventiop. of the provisions of this Act;

(v) the setting up of committees at such appropriate level as the State

Government may think fit to assist that Government in formulation or

implementation of such measures;

(vi) provisions 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;

(vii) 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 measure so as to ensure safety for such members.

(3) The Central Government shall take steps as may be necessary to co -

ordinate the measures taken by the State Governments under sub- section (1).

(4) 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.

22. Protection of action taken in good faith. - No suit, prosecution or other

legal proceedings shall lie against the Central Government or any Officer or

430
 authority of Government or any other person for anything which is in good

faith done or intended to be done under this Act.

23. Power to make rules. - ( 1) The Central Government may, by notification

in the Official gazette, make rules for carrying out the purposes of this Act.

(2) Every rules 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, 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 House agree that the rule should

not be made, the rule shall thereafter have effect only in such modified fonn or

be of on 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.

431
 ANNEXURE-3

THE SCHEDULED CASTES AND THE SCHEDULED TRIBES

( PREVENTION OF ATROCITIES ) RULES, 1995

NOTIFICATION

New Delhi, 31st March, 1995

G.S.R. No. 316 (E). - In exercise of the powers conferred by sub-section (1) of

section 23 of the Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (33 of 1989), the central Government hereby makes the

following rules, namely: -

1. Short title and commencement. - (1) These rules may be called the

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules,

1995.

(2)They shall come into force on the date of their publication in the

Official Gazette.

2. Definitions. - In these rules, unless the context otherwise requires, -

(a) "Act" means he Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (33of1989);

(b) "Dependent", with its grammatical variations and cognate expression

includes wife, children, whether married or unmarried, depended

parents, widowed sister, widow and children of pre - deceased son

of a victim of atrocity;

(c) "identified area" means such area where State Government has

reason to believe that atrocity may take place or there is an

432
 apprehension of reoccurrence of an offence under the Act or an area

prone to atrocities;

(d) ''Non - Government Organisation" means a voluntary organisation

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 or such organisation for the time being in force;

(e) "schedule" means the Schedule annexed to these rules;

(f) "section" means section of the Act;

(g) "State Government", in relation to a Union territory, means the

Administrator of that Union territory appointed by the President

under article 23 9 of the Constitution;

(h) words and expressions used herein and not defined but defined in the

Act shall have the meanings respectively assigned to them in the Act.

3. Precautionary and preventive measure. - ( 1) With a view to

prevent atrocities on the Scheduled Castes and the Scheduled Tribes,

the state Government shall,

(i) 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;

(ii) order the District Magistrate and Superintendent of Police or any

other officer to visit the identified area and review the law and order

situation;

433
(iii) if deem necessary, in the identified area cancel the arms licences of

the persons, not being member of the Scheduled Castes or the Scheduled

Tribes, their near relations, servants or employees and family friends and

get such arms deposited in the Government Armoury;

(iv) seize all illegal fire arms and prohibit any illegal manufacture of fire

arms;

(v) with a view to ensure the safety of person and property, if deem

necessary, provide arms licences to the members of the Scheduled

Castes and the Scheduled Tribes;

(vi)constitute a high power State - level committee, district and

divisional level committees or such number of other committees as

deem proper and necessary for assisting the Government in

implementation of the provisions of the Act;

(vii) set up a vigilance and monitoring committee to suggest effective

measures to implement the provisions of the Act;

(viii) set up Awareness centres and organise Workshops in the

identified area or at some other place to educate the person belonging

to the Scheduled Castes and the Scheduled Tribes about their right

and the protection available to them under the provisions of various

Central and State enactments or rules, regulations and schemes

framed thereunder;

(ix) encourage non - Government Organisation for establishing and

maintaining Awareness Centres and organising Workshops and

provide them necessary financial and other sort of assistance;

(x) deploy special police force in the identified area;

434
 (xi) by the end of every quarter, review the law and other situation,

functioning of different committees, performance of Special Public

Prosecutors, investigation Officers and other officer responsible for

implementing the provisions of the Act and the cases registered

under the Act.

4. Supervision of prosecution and submission of report. -

(1) The State Government on the recommendation of the district Magistrate

shall prepare for each District a panel of such number of eminent Senior

Advocates who have been in practice for not less then seven years, as may

it deem necessary for conducting cases in the Special Courts. Similarly, in

consultation with the Director of Prosecution/in-charge of the prosecution,

a panel of such number of Public Prosecutor 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.

(2) The District Magistrate and the Director of Prosecution/in-charge of the

prosecution shall review at least in a calendar year, in the months of

January and July, the performance of Special public Prosecutors so

specified or appointed and submit a report to the State Government.

(3) If the State Government is satisfied or has reason to believe that a Special

Public Prosecutor or so appointed or specified has not conducted the case to

the best of his ability and with due care and caution, his may be, for reasons

to be recorded in writing, de - notified.

435
(4) 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

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 action taken I proposed to be taken in respect of investigation

and prosecution of each case.

( 5) Notwithstanding anything contained in sub - rule (1 ), the District

Magistrate or the Sub- Divisional Magistrate may, if deem necessary or if

so desired by the victims of atrocity, engage an eminent Senior Advocate

for conducting cases in the Special Col!-rts on such payment of fee as he

may consider appropriate.

(6) Payment of fee to the Special Public Prosecutor shall be fixed by the State

Government on a scale higher than other panel advocates in the state.

5. Information to police officer in - charge of a police station. - ( 1) 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 person giving it, and the substance

thereof shall be entered in a book to be maintained by that police station.

(2) A copy of the information as so recorded under sub - rule (1) above

shall be given forth with, free of cost, to the information.

(3) Any person aggrieved by a refusal on the part of an officer in - charge

of a police station to record the information referred to in sub - rule (1)

436
 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 that police

station.

6. Spot inspection by officer. - (l)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.

(2) The District Magistrate or the Sub - Divisional Magistrate or any

other Executive Magistrate and the Superintendent of Police/Deputy

Superintendent of police after inspection the place or area shall, on the spot, -

(i) draw a list of victims, their family members and dependent entitled

for relief;

(ii) prepare a detailed report of the extent of atrocity, Joss and damage to

the property of the victims;

(iii) order for intensive police patrolling in the area;

437
 (iv) take effective and necessary steps to provide protection to the

witnesses and other sympathisers of the victims;

(v) provide immediate relief to the victims.

7. Investigating Officer. - (1) An offence committed under the Act shall be

investigation by a police officer not below the rank of a Deputy

Superintendent of Police. The investigating officer shall be appointed by

the State Government I Director - General of Police I Superintendent of

Police after taking into account this 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.

(2) The investigating officer so appointed under sub - rule ( 1), shall

complete the investigation on top priority basis within thirty days and submit

the report to the Superintendent of Police who in tum will immediately forward

the report to the Director- General of police of the State Government.

(3) The house Secretary and the Social Welfare Secretary to the State

Government, Director of Prosecution I the officer in - charge of prosecution

and the Director - General of police shall review by the end of the every

quarter the position of all investigations done by the investigating officer.

8. Setting up the Scheduled Castes and the Scheduled Tribes Protection

Cell. - (l)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 I Inspector General of Police. This Cell

shall be responsible for -

438
 (i) conducting survey of the identified area;

(ii) maintaining public order and tranquillity in the identified area;

(iii) recommending to the State Government for deployment of special

police force or establishment or special police post in the identified area;

(iv) making investigations about the probable causes leading to an offence

under the Act;

(v) restoring the felling of security amongst the members of the Scheduled

Castes and Scheduled Tribes;

(vi) informing the nodal officer and special officer about the law and order

situation in the identified area;

(vii) making enquiries about the investigation and spot inspections

conducting 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;

(ix) making enquiries about the wilful negligence by a public servant ;

(x) reviewing the position of~ases registered under the Act; and

(xi) submitting a monthly report or on before 20th day of each subsequent

month to the State Government I nodal officer about the action taken I

proposed to be taken in respect of the above.

9. Nomination of Nodal Officer. -(1) The State Government shall nominate

a nodal officer of the level of a Secretary to the State Government,

preferably belonging to the Scheduled Castes or the Scheduled Tribes, for

co-ordinating the functioning of the District Magistrate and Superintendent

439
 of police or other officers authorised by them, investigating officers and

other officers responsible for implementing the provisions of the Act. By

the end of every quarter, the nodal officer shall review -

(i) the report received by the state Government under sub - rules (2)

and (4) of rule 4, rule 6, clause (xi) of rule 8,

(ii) the position of cases registered under the Act;

(iii) law and other situation in the identified area;

(iv) various kind of measures adopted for providing immediate relief in

cash or kind or both to the victims of atrocity or his or her dependant;

(v) adequacy of immediate facilities like rationing, clothing, shelter,

. legal aid, travelling allowance, daily allowance and transport facilities

provided to the victims of atrocity or his I her dependants;

(vi) performance of non - government organisations, the Scheduled

Castes and Scheduled Tribes Protection cell, various committees and

the public servants responsible for implementing the provisions of the

Act.

10. 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 coordinate with the District Magistrate, Superintendent of

police or other officer responsible for implementing the provisions of the

Act, various committees and the Scheduled Castes and the Schedule Tribes

protection Cell. The Special Officer shall be responsible for

(i) providing immediate relief and other facilities to the victims of

atrocity and initiate necessary to prevent or avoid re - occurrence of atrocity;

440
 (ii) setting up an awareness centre and organising workshop in the

identified area or at the district headquarters to educate the person belonging to

the Scheduled Castes and the Scheduled Tribes about their rights and the

protections available to them under the provisions of various Central and State

enactments or rules and schemes, etc., framed therein;

(iii) co-ordination with the non Government Organisation and

providing necessary facilities and financial and other type of assistance to non-

governmental organisation for maintaining centres or organising workshops.

11. Travelling allowance, daily allowance, maintenance expenses and

transport facilities to the victim of atrocity, his or her dependent and

witnesses. - (1) Every victim of atrocity or his/her dependant and

witnesses shall be paid to and from rail fair by second class in express/mail/

passenger train or actual bus or taxi fare form his/her place of residence or

place of stay to the place of investigation or hearing of trial of an offence

under the Act.

(2) 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 I Deputy

Superintendent of police, District Magistrate or any other Executive

Magistrate.

(3) Every women witness, the victim of atrocity of her dependant being

a woman or a minor, a person more than sixty years of age, and a

441
 person having 40 per cent or more disability shall be entitled to be

accompanied by an attendant of her I 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 trail of an offence under the Act.

(4) The witness, the victim of atrocity or his/her dependant and the

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 sub rates but not

less than the minimum wages, as may be fixed by the State

Government for the agricultural labourers.

(5) In addition to daily maintenance expenses the witness the victim of

atrocity (or his I her dependant) and the attendant shall also be paid

diet expenses at such rates as may be fixed by the State Government

from time to time.

(6) 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 dependants I attendants and

witnesses for the day they visit the investigating officer or in -

charge of police station or hospital authorities or Superintendent of

Police I Deputy Superintendent of Police or District Magistrate or

any other officer concerned or the Special Court.

442
 (7) When an offence has been committed under section 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

(12) Measures to be taken by the District Administration. -

(1) The District Magistrate and 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 victims, their family

members and dependants entitled for relie£

(2) Superintendent of Police shall ensure that the first Information

Report is registered in the book of the concerned police station and

effective measure for apprehending the accused are taken.

(3) Superintendent of Police, after spot inspection. shall immediately -

appoint an investigating officer and deploy such police force in the area

and take such other preventive measures as he may deem proper and

necessary.

(4) The District Magistrate or the Sub - Divisional Magistrate or any

other Executive Magistrate shall make arrangements for providing

immediate relief in cash or in kind or both to the victims of atrocity,

their family members and dependants according to the scale as in the

Schedule annexed to these Rules (Annexure - I read with Annexure -

II ). Such immediate relief shall also include food, water, clothing

443
 shelter, medical aid, transport facilities and other essential items

necessary for human beings.

(5) The relief provided to the victim of the atrocity or his/her dependant

under sub - rule (4) in respect of death, or injury to, or damage to,

property shall be in addition to any other rights to claim compensation

in respect thereof under any other law for the time being in force.

(6) 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 Scheduled annexed to these Rules.

(7) 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 ofreliefwas not made to the victim or his/her

dependant in time or the amount of the 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.

13. Selection of officers and other staff members for completing the work

relating to atrocity. - (1) 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 Scheduled Castes and the Schedule Tribes.

444
 (2) 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 the police station.

14. Specific responsibility of the State Government. - (I) 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, on the months of January and

July the performance of the special Public Prosecutor specified or

appointed under section 15 of the Act, various reports received,

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.

15. Contingency plan by the State Government. -(1) 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 various

departments and their officers at different levels, the role and responsibility

of Rural I Urban Local Bodies and non - Government Organisations. inter

alia this plan shall contain a package of relief measures including the

following : -

(a) scheme to provide immediate relief in cash or in kind or both;

445
 (b) allotment of agricultural land and house sites;

(c) the rehabilitation packages;

(d) scheme for employment in Government or Government undertaking

to the dependant or one of the family members of the victim;

(e) pensions scheme for widows, dependant children for the deceased,

handicapped or old age victims of atrocity;

(f) mandatory compensation for the victims;

(g) scheme for . strengthening the socio-economic conditions of the

victim;

(h) provisions for providing brick/stone masonry houses to the victims;

(i) 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 Scheduled Tribes

habitats.

(2) 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 Magistrate, Inspector General of Police and

Superintendents of police.

16. Constitution of State - level vigilance and monitoring committee. -

(1 )The State Government shall constitute a high - power vigilance and

monitoring commission of not more than 25 members consisting of the

following:

446
 (i) Chief Minister, Administrator - chairman ( in case of a State under

President's Rule Governor- Chairman);

(ii) Home Minister, Finance Minister and Welfare Minister- members

(in case of State under the President's Rule Advisors - Members);

(iii) some of the Members of the elected Members of Parliament and

State legislative Assembly and Legislative Council from the State belonging

to the Scheduled Castes and the Scheduled Tribes - Members ( not more than

16 );

(iv) Chief Secretary, the Home Secretary, the Director General of

Police, Director I Deputy Director National Commission for the Scheduled

Castes and the Scheduled Tribes - Members;

(v) the Secretary in - charge of the welfare and development of the

Scheduled Castes and the Scheduled tribes - Convenor.

(2) The High - power vigilance and monitoring committee shall meet at least

twice in a calendar year, on the months of January and July to review the

implementation of the provision of the Act, relief and rehabilitation

facilities provided to the victims and other matters connected therewith,

prosecution of case under the Act, role of different officers I agencies

responsible for implementing the provisions of the Act and various reports

received by the State Government.

17. Constitution of District - level vigilance and monitoring committees. -

(1) 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

447
 facilities provided to the victims and other matters connected therewith,

prosecution of case under the Act, role of different officers I agencies

responsible for implementing the provisions of the Act and various reports

received by District Administration.

(2) The District - level vigilance and monitoring committee shall

consist of the elected Members of Parliament and State Legislative

Assembly and Legislative Council, Superintendent of police, there

Group 'A' officers/ Gazetted officers of the State Government

belonging to the Scheduled Castes and the Schedule 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 categories other than the Schedule Castes and the Scheduled

Tribes having association with non - Government Organisations.

(3) The district - level committee shall meet at least once in three

months.

18. Material for annual report. - The State Government shall, every year

before the 1st July, forward the report to the Central Government about the

measures taken for implementing the provision of the Act and various schemes

I plans framed by it during the previous calendar year.

448
 ANNEXURE-4

MADRAS ACT NOV OF 1947

(THE MADRAS TEMPLE ENTRY AUTHORIZATION ACT 1947)

(Received the assent of the Governor-General on the 11th May 1947; first

published in the fort St. George Gazette of the 13th May 1947.)

An Act to authorize entry into Hindu Temples in the province of

Madras, and the offer of worship therein by all classes of Hindus.

Whereas it is the policy of the Provincial Government to remove the

disabilities imposed on the certain classes of Hindus against entry into Hindu

Temples in the Province;

And whereas the Provincial Government are satisfied, from the rapidity

with which, under pressure of Hindu public opinion, a number of temples have

been thrown open to certain classes of Hindus in recent months under the

provisions of the Madras Temple Entry Authorization and Indemnity Act 1939, ·

that the time has now arrived for throwing open to all classes of Hindus every

Hindu temple in the province.

MADRAS ACT XXII OF 1939

And whereas the Provincial Government consider that the provisions of

the said Act are inadequate for the early and complete implementation of the

policy of Provincial Government aforesaid;

449
 It is hereby enacted as follows:

Short Title, Extent and Commencement

1. (1) This Act may be called the Madras Temple Entry Authorization Act

1947.

2. It extends to the whole of the state of Madras.

3. This section shall come into force on such date as the state Government

may by notification in the Fort St. George Gazette, appoint.

Definitions:

2. In this Act, unless there is any thing repugnant in the subject or context-

(1) Temple means a place, by whatever name known which is

dedicated to, or for the benefit of or used as of right by, the Hindu community

or any section thereof as a place of public religious worship and includes

subsidiary shrines attached to such place.

(2) Worship means such religious service as the bulk of the

worshippers may offer or participate in, in accordance with such rules and

regulations as may be made under this Act.

Right of all Classes of Hindus to Enter and offer Worship in Temples.

4. (1) Notwithstanding any law, custom or usage to the contrary, every

Hindu irrespective of the caste or sect to which he belongs shall be

entitled to enter any Hindu temple and offer worship therein in the same

manner and to the same extent as Hindus in general or any section of

Hindus; an no Hindu shall, by reason only of such entry or worship

whether before or after the commencement of this Act be deemed to have

450
 committed any actionable wrong or offence or be sued or prosecuted

therefore.

(2) Without prejudice to the generality of the foregoing provision, it is

hereby declared that the right conferred by sub-section (1) shall include

the following rights, if and to the extent to which they are enjoyed by

Hindus in general or any section of Hindus:

a.) the right to bath in or use the waters of any sacred tank, well, spring

or water-course appurtenant to the temple, whether situated within or

outside the precincts thereof,

b) the right of passage over any sacred place, including a hill or hillock

or a road, street or pathway which is requisite for obtaining access to

the temple;

Powers of the Trustees to make Regulations for the Maintenance of

Order and Decorum, the due performance of rites and Ceremonies in Temples

4. The trustee or other authority in charge of a temple shall have

power, subject to the control of the state Government and to any rules which

may be made by them to make regulations for the maintenance of order and

·decorum in the temple and the due observance of the religious rites and

ceremonies performed in the temple but such regulations shall not discriminate

in any way against any Hindu on the ground that he belongs to a particular

caste or sect ..

451
 MADRAS ACT Il OF 1927

Sanction for Institution or continuance of suits, prosecutions etc.

(1) No suit for damages, injunction or declaration or for any other

relief, no prosecution for any offence and no application or other proceeding

under the Madras Hindu Religious Endowments Act, 1926 or any other law

shall be instituted in respect of any entry into or worship in any temple whether

before or after the commencement of this Act on the sole ground that such

entry or worship is by a Hindu belonging to a particular caste or sect.

(2) No suit, prosecution, application or proceeding of the nature aforesaid,

instituted before the commencement of this Act shall be continued thereafter

without the sanction of the State Government.

Power to decide Disputes.

6. If any question arises as to whether a place is or is not a temple as

defined in this Act, the question shall be referred to the State Government and

their decision shall be final subject, however to any decree passed by a

competent Civil Court on a suit filed before it within six months of the date of

the decision of the State Government.

Penalties

7. Whoever prevents a Hindu from exercising any right conferred by this Act,

or molest or obstructs a Hindu in the exercise of any such right, shall be

452
punishable, in the case of first offence, with fine which may extend to one

hundred rupees ,and in the case of a second or subsequent offence with

imprisonment which may extend to six months or with fine which may extend

to five hundred rupees or with both.

Offences under Section 7 to be Cognizable.

7-A. All offences punishable under section 7 shall be cognizable.

Rules

1. ( 1) The state Government may make rules for the purpose of carrying

into effect the provisions of this Act in respect of temples generally or of

any temple or class of Temples.

(2) All rules made under this section shall be published in the Fort St

George and on such publication ,shall have effect as if enacted in this

Act.

Power to Remove difficulties

2. If any difficulty arises in giving effect to the provisions of this Act , the

state Government as occasion requires ,may ,by order do anything which

appears to them necessary for the purpose of removing the difficulty.

453
 ANNEXURE-5

UITAR PRADESH TEMPLE ENTRY (DECLARATION OF RIGHT)

ACT 1956

Whereas Untouchability was abolished by the constitution and its practice in

any form is forbidden;

And whereas for settling doubts as to the right of persons of the depressed

classes regarding temple entry it is necessary to declare by law the removal

of all disabilities in that behalf on any or all classes of Hindus;

It is hereby enacted in the Seventh Year of the Republic of India as

follows:

Prefatory Note: Untouchability was abolished by Article 17 of the

constitution of India and . its practice in any form is forbidden . As

contemplated by the Article along with Article 35 , Parliament has already

enacted the Untouchability Offences Act 1955 ,prescribing punishments for

offences connected therewith. Inspite of the abolition of untouchability ,

some sections of the public continue to urge that certain classes do not have

the right to enter Hindu Temples or other places of religious worship in the

same way as other members of the community . This is sought to be urged on

the basis of custom, usage or practice supposed to be contained in the

Shastras. This is not legally true in view of Article 17 aforesaid religious

worship, being an important right of an individual, the Government consider

that any doubts which might still exist in respect thereof on the ground of

untouchability should be finally removed. This Bill is accordingly introduced

454
to assure to every member of the depressed classes the right to enter every

Hindu Temple and offer and participate or worship in the same manner and

to the same extent as Hindus in general or any section of Hindus. See U.P

Gazette, dated July 24 1956

1. Short title, extent and commencement. ( 1) This Act may be called the

Uttar Pradesh Temple Entry (Declaration of Right)Act 1956.

(2) It shall extend to the whole ofUttar Pradesh.

(3) It shall come into force at once.

2. Definitions. In this Act, unless there is anything repugnant in the subject

or context-

(a) Depressed Class means any caste of class of the Hindus community

which by reason of the custom, usage or practice is excluded from

entering a temple or from offering worship therein.

(b) Hindu shall include all persons professing Buddhist Sikh or a Jaina

religion or persons professing the Hindu religion in any of its forms or

developments including Virashaivas Lingayats Adivasis, followers of

Brahmo , Prarthana , Arya Samaj and Swami Narayan Sampraday.

(c) Temple means a place by whatever name known which is dedicated to

the benefit of or use as of right by, the Hindu community or any

denomination thereof as a place of religious worship and includes

subsidiary Shrines, Maths, Devasthans, Shivalas, Mandapams and all

lands appurtenant to such temple.

(d) Worship means such religious service as the bulk of the worshippers

offers or may offer or participate in, in a temple and includes-

455
 (i) Bathing in and the use of waters of any sacred tank , well ,spring
'

or watercourse appurtenant to the temple whether situated

within or outside the precincts thereof

(ii) Trespassing over any sacred place, including a hill or hillock or

a road, street or pathway which is requisite for obtaining access

to the temple.

3. Declaration of right to offer worship in temple . Despite the abolition of

Untouchability by Article 17 of the constitution doubts have sometimes

continued to be expressed as to the right of certain sections of Hindus to offer

and participate in the worship in a Hindu temple It is therefore Hereby declared

that-

(a) Notwithstanding anything in any law, custom usage or practice to

the contrary every Hindu irrespective of the caste or sect to which

he belongs shall be entitled to any Hindu temple and offer and

participate in worship therein in the same manner and to the same

extent as Hindus in general or any section or Hindus.

(b) Every customs , usage and practice with directly or indirectly

imposes any disability or otherwise prevents any person of the

depressed classes to enter on the ground of Untouchability shall

and be always deemed to be void and inoperative

4. Courts not to recognize untouchability: No court or other authority shall in

any suit or proceedings, whether pending at the commencement of this Act or

instituted subsequently take notice of or otherwise recognize any custom usage

or practice as is referred in Clause (b) of Section 3 and subject to the provisions

456
of Section 6, every such suit or proceeding shall be decided as if the custom ,

usage or practice had not been in existence at any material date.

5. Worship in temples not to be actionable . No person being a Hindu who

enters a Hindu temple or offers or participates in worship in any such temple

shall by reason only of such entry , worship or participation be deemed to have

committed any actionable wrong or offence or be sued or prosecuted therefore.

Bar to suits and proceedings contrary to rights declared by the Act . ( 1) No

civil court shall entertain or continue any suit or proceeding or shall pass any

decree or order or execute wholly or partially any decree or order , if the claim

involved in such suit or proceeding or if the passing of such decree or order or

if such execution would in any way be contrary to the rights herein by this Act

declared.

(2) Without prejudice to the generality of the provisions of

subsection (1) every suit pending at the commencement of this Act Whether in

the court of the first instance , appeal or revision, for damages ,injunction or

declaration or for any other relief on the ground that entry or worship or

participation in worship by a person of the depressed classes in a Hindu temple

is against any law ,custom ,usage or practice or for the exclusion of such

classes from such entry , worship or participation , shall be and is hereby

abated and every injunction ,whether in any interlocutory proceeding or

otherwise issued or granted in any such suit or proceeding shall likewise be and

is hereby discharged ,any provision in the Code of Civil Procedure 12908 ,

notwithstanding .

457
7. Effect of Provisions inconsistent with effect notwithstanding anything

inconsistent therewith contained in any other law for the time being in force .

8. Power to make rules: The state Government may make rules for the carrying

out of the purposes of this Act.

458
 ANNEXURE-6

BOMBAY HINDU PLACES OF WORSHIP( ENTRY

AUTHORIZATION ACT 1956)

Bombay Act No. XXXI. of 1956

An Act to make better provision for the throwing open of places of public

worship to all classes and sections of Hindus.

Preamble

Whereas it is expedient to make better provision for the throwing open of

places of public worship to all classes and sections of Hindus, it is hereby

enacted in the Seventh Year of the Republic of India as follows:

Short Title, Extent and Commencement

' (1) This Act may be called the Bombay Hindu Places of public Worship

(Entry Authorization) Act 1956.

(2) It extends to the whole of the state of Maharashtra /state ofGujrat.

(3) It shall come into force in the Bombay area of the state of

Maharashtra on such date as the state Government may by notification in the

official Gazette, appoint and in that part of the state of Bombay to which it is

extended by the Bombay Hindu Places of Public Worship (Entry

Authorization) Extension Act 1957, it shall come into force of such other date

as the state Government may by notification published in the like manner

appoint.
459
Definitions

2. In this Act, unless the context otherwise requires,-

(a) Place of public worship means a place whether a temple or by any

other name called to whomsoever belonging which is dedicated to,

or for the benefit of, or is used generally by Hindus, Jains, Sikhs or

Buddhists or any section or class thereof for the performance of any

religious service or for offering prayers therein and includes all

lands and subsidiary shrines appurtenant or attached to any such

place and also any sacred tanks wells springs and water courses the

waters of which are worshipped or are used for bathing or for

worship.;

(b) Section or class of Hindus includes any division sub-division , caste

,sub-caste sect denomination whatsoever of Hindus.

an

Throwing open of Hindus Temples to All classes d Section of Hindus.

3. Notwithstanding any custom, usage or law for the time being in

force or the decree or order of a court or anything contained in any

instrument to the contrary, every place of public worship which is open

to Hindus generally or to any section or class thereof shall be open to all

sections and classes of Hindus and no Hindus of whatsoever section or

class shall in any manner be prevented obstructed or discouraged from

entering such place of public worship or from worshipping or offering

prayers there or performing any religious service therein, in the like

manner and to like extent as any other Hindu or whatsoever section or

class may so enter worship pray to perform.

460
Penalty

4. (1) Whoever in contravention of Section 3-

(a) prevents any person belonging to any class or section of

Hindus from entering , worshipping or offering prayers , or

performing any religious service in any Hindu temple which is used

as a place or public worship, or

(c) molests, injures, annoys ,obstructs, or causes or attempts to cause

obstruction to , or by threat of molestation ,injury , annoyance or

obstruction , overawes or discourages any such person doing or

performing any of the act aforesaid, shall on conviction be punished

with imprisonment which may extend to six months or with fine

which may extend to five hundred rupees or with both.

(2) Nothing in this section shall be taken to relate to offences relating

to the practice of untouchability.

Abetment of offences

5. Whoever abets any offence under this Act shall be punished with

punishment provided for the offence.

Limitation of jurisdiction of Civil Courts

6. No Civil Court shall entertain or continue any suit or proceeding

or shall pass any decree or order or execute wholly or partially any

decree or order , if the claim involved in any such suit or proceeding

or if the passing of any such decree or order or if such e)(ecution

would in any way be contrary to the provisions of this .Act

461
Offences to be Cognizable and Compoundable

6. Notwithstanding anything contained in the Code of Criminal

Procedure 1898 , every offence under this Act shall be

cognizable and every such offence may with the permission of

the court be compounded.

Saving of Act XXII of 1955 and other Laws

7. The provisions of this Act shall not be taken to be in derogation

of any of the provision of the Untouchability (offences) Act

1955 or of any other law for the time being in force relating to

any of the matters dealt with in this Act.

462
 ANNEXURE-7

THE KERALA HINDU PLACES OF PUBLIC WORSHIP

( Authorization of Entry Act ,1965 No, 7 of 1965)

( As re-enacted by Act, 8 of 1968)

Enacted by the President in the Sixteenth Year of the Republic ofindia.

An Act to make better provisions for the entry of all classes and

sections of Hindus into places of public worship.

In exercise of the powers conferred by section 3 of the Kerala State

Legislature (Delegation of Powers) Act 1965 , the president is pleased to enact

as follows:

Short Title, Extent and Commencement

(1) This Act may be called the Kerala Hindu places of public

Worship (Authorization of Entry) Act 1965.

(2) It extends to the whole of the state ofKerala.

(3) It shall come into force on such date as the government may,

by notification in the Gazette , appoint.

Definitions

In this Act unless the context otherwise requires :

place of Worship means a place , by whatever name known or to

whosoever belonging which is dedicated to or for the benefit or issued

generally by Hands or any section or class thereof for the performance of any

religious service or for offering prayers therein and includes all lands and

subsidiary shrines, mutts, devasthanams, namaskara, mandapams and

463
nalambalams, appurtenant or attached to any such place and also sacred tanks,

wells springs and water courses the waters of which are worshipped or are used

for bathing or for worship but does not include a· "sreekoil" section or class

includes any division, sub-division caste sub-caste sect or denomination

whatsoever.

Places of public worship to be open to all sections and classes of Hindus.

Notwithstanding anything to the contrary contained in any other law for

the time being in force or any customer usage or any instrument having effect

by virtue of any such law or any decree or order of court, every place of public

worship which is open to Hindus generally or to any section or class thereof

shall be open to all sections or class shall in any manner be prevented,

obstructed or discouraged from entering such place of public worship or from

worshipping or offering prayers threat or performing any religious service

therein , in like manner and to the like extent as any other Hindu of whatsoever

section or class may so enter worship ,pray or perform.

Provided that in the case of place of public worship which is a temple

founded for the benefit of any religious denomination or section thereof the

provision of this section shall be subject to the right of that religious

denomination or section as the case may be, to manage its own affairs in

matters of religion.

Power to make Regulation for the Maintenance of Order and

Decorum and the due performance of Rites and Ceremonies in places of public

Worship.

464
 The trustees or any other person in charge of place of public worship

shall have power subject to the control of the competent authority and any rules

which may be made by that authority to make regulations for the maintenance

of order and decorum in the place of public worship and the due observance of

the religious rites and ceremonies performed therein;

Provided that no regulation made under this sub-section shall

discriminate in any, manner whatsoever against any Hindu on the ground that

he belongs to a particular section or class.

( 19) The competent authority referred to in subsection( 1) shall be :

(i) in relation to a place of public worship situated in any

area to which part I of the Tranvacore-Cochin Hindu

Religious Institutions Act 1950 extends , the Travancore

Devasvam Board;

(ii) in relation to a place of public worship situated in any

area to which part II of the said act extends, the Cochin

Devaswam Board; and

(iii) in relation to a place of public worship situated in any

other area in the state of Kerala , the Government.

Penalty

Whoever, in contravention of section 3.-

prevents or attempts to prevent any person belonging to any section or class

of Hindus from entering ,worshipping or offering prayers or performing any

religious service in any place of public worship; or

465
 obstructs or causes or attempts to cause obstruction to or by threat of

obstruction or otherwise discourages any such person on from doing or

performing any of the acts aforesaid

shall be punishable with imprisonment which may extend to six

months or with fine which may extend to five hundred rupees or

with both;

Provided that in a case where a sentence offline only is awarded

such fine shall not be less than fifty rupees.

Abetment

Whoever abets any offence under this Act shall be punishable with

the punishment provided for the offence.

Enhanced penalty on subsequent Conviction

Whoever, having already been convicted of an offence under this Act

or of an abetment of such offence is again convicted of any such offence or

abetment shall on every such subsequent conviction be punishable with

imprisonment for a term which shall not be less than one month but which may

extend to one year and with fine shall not be less than two hundred rupees but

which may extend to one thousand rupees.

Limitation of jurisdiction of Civil Courts

No Civil court shall entertain or continue any suit or proceeding

or shall pass any decree or order if the claim involved in any such suit or

466
proceeding or if the passing of any such or order or if such execution would in

any way be contrary to the provisions of this Act

Offences under the Act to be Cognisable and Compoundable

Notwithstanding anything contained in the Code or Criminal

Procedure 1898:

(a) every offence under this Act shall be cognizable and

(b) every such offence except where it is committed by a

person who has been convicted for the same offence

previously may with the permission of the court be

compounded.

Saving

Nothing in this Act shall apply to any matter which is an

offence under the untouchability (offences) Act 1955.

3. Repeal

The madras Temple Entry Authorization act 1947 as in force in the

Malabar District referred to in sub-section (2) of Section 5 of the states

Reorganisation Act 1956 and such of the provisions of the Travancore -

Cochin Temple Entry (Removal of Disabilities) Act 1950 as have not been

repealed by the Untouchables (offences) Act 1955 are hereby repealed.

467
 ANNEXURE-8

The Constitution (Scheduled Castes) Order 1950

As amended by the Scheduled Castes and Scheduled Tribes orders

(Amendment) Act 1990.

In exercise of the powers conferred by clause (1) of Article 341

of the Constitution of India, the President, after consultation with the

Governors and Rajpramukha of the states concerned is pleased to make

the following order:

1. This order may be called the Constitution (Scheduled Castes)

Order, 1950.

2. Subject to the provision of this Order, the castes, races or tribes or

parts of, or groups within, castes of tribes specified in ( Part I to

XIX) of the Scheduled to this Order shall, in relation to the States

to which pat.ts respectively those relate, be deemed to be

Scheduled Castes so for as regards members thereof resident in

the localities specified in relation to then in those Parts of that

Schedule.

3. Notwithstanding anything contained in paragraph 2, no person

who professes a religion different from the Hindu or the Sikh or

Buddhist religion shall be deemed to be a member of a Scheduled

Caste.

4. Any reference in this Order to a State or to a district or other

468
 territorial division thereof shall be construed as a reference to the

state, district of other territorial decision as constituted on the 1st day

of may 1976 ..

" The Schedule"

PART I-ANDHRA PRADESH

Adi Andhra, Adi Dravida, Anamuk, Aray Mala , Arundhatiya, Arwa Mala,

Bari.lei, Bavuri, Beda, Jangam, Budga, Jangam, Bindla, Byagara, Chachati

Chalavadi, Chamar, Mochi, Muchi, Chambhar, Chandala, Dakkal,

Dokkalwar,Dandasi, Dhor, Dom, Dombra, Paidi, Pano, Ellamalawar,

Yellammalawandlu, Chasi, Haddi Relli, Cjachandi, Godagali, Godari,

Gosangi, Holeya, Holeya Dasari, Jaggali, Jambuvulu, Kolupulvandhu,

Madasi Kuruva, Madari Kuruva, Madiga, Madiga Dasu, Mashteen,

Mahar, Mala, Mala Dasari, Mala Dasu, Mala Hannai, Malajangam,

Mala Masti, Mala Sale, Netkani, Mala Sanyasi, Mang, Mang Garodi,

Manne, Mashti, Matangi, Mehtar, MthaAyyalvar, Mundala, Paky,

Moti, Thoti, Pambada, Pambanda, Pamidi, Panchama, Relli, Samagara,

Sambah, Sapru, Sindhollu, Chindollu.

PART II -ASSAM

Bansphor, Bhininmali, Mali, Brittia, Dhupi, Dhobi, Dugla, Dholi,

Hira, Jalkeot, Jhalo, Malo, Jhalo malo, Kaibartta, Jaliya, Lalbegi,

Mahara, Mehtar, Bhangi, Muchi, Rishi, Namasudra, Patni, Sutradhar.

PART III - BIHAR

469
 Bantar, Bauri, Bhogta, Bhuiya, Bhumij, Chamar, Mochi, Chaupal, Dabgar,

Dhobi, Dom, Dhangad, Dusadh, Dhari, Dharhi, Ghasi, Halalkhor, Hari,

Mehtar, Bhangi, Kanjar, Kurariar, Lalbegi, Musahar, Nat, Pan, Sawasi,

Pasi, Rajwar, Turi.

PART IV - GUJRAT

Ager, Bakad, Bawa-Dedh, Dedh-Dadhu, Bhambi, Bhambhi, Asadaru,

Asodi, Chamadia, Chamar, Chambhar, Chamgar, Haralayya, Harali,

Khalpa, Machigar, Mochigar, Madar, Madig, Mochi, Nalia, Telegu

Mochi, Kamati Mochi, Ranigar, Rohidas ,Rohit , Samgar, Bhangi,

Mehtar, Olgana, Rukhi, Malkhana, Halalkhor, Lalbegi, Balmiki, Korar,

Zadmalli, Chalvadi, Channayya, Chenna Dastar, Holaya Dasar,

Dangashia, Dhor, Kankkayya, Kankayya, Garmatang, Garoda, Garo,

Halleer, Halsar, Hulasvar, Halaswar, Holar, Valhar, Holaya, Boler,

Lingader, Mahar, Taral Dhegu, Megu, Mahyavansi, Dhed, Dhedh,

Vankar, Maru, Vankar, Antyaj, Mang ,Matang Minimadig, Mang-

Garudi, Meghval, Menghvar, Mukri, Nadia, Hadi, Pasi, Senva, Chenva

Sedma, Rawat, Shemalia, Thori, Tirgir, Tirbanda, Turi, Turi

Barot,Dedh Barot.

PART V - HARYANA

Ad Dharmi, Balmiki, Chura, Bhangi, Bangali, Barar, Burar, Berar,

Batwal, Bauria, Bawaria, Bazigar, Bhanjra, Chamar, Jatia, Rehgar,

470
Raigar, Ramdasi, Ravidasi, Chanal, Dagi, Darain, Deha, Dhaya, Dhea,

Dhanak , Dhogri, Dhangri, Siggi, Dumna, Mahasha, Doom, Gagra,

Gandhila, Gandil, Gondola, Kabirpanthi, Julaha, Khatik, Kori, Koli,

Marija, Marecha, Mazhabi, Megh, Nat, Od, Pasi, Perna Pherera, Sanhai,

Sanhal, Sansi, Bhedkut, Manesh, Sansoi, Sapela, Sarera, Sikligar,

Sirkiband.

PART VI - HIMACHAL PRADESH

Ad Dharmi, Badhi, Nagalu, Balmiki, Bhangi, Chuhra, Chura,

Bandhela, Bangali, Banjara, Bansi, Barad, Barar, Burar, Berar, Batwal,

Bauria, Bazigar, Bhanjra, Chamar, Rehgar, Raigar, Ramdasi, Ravidasi,

Mochi, Chanal Chhimbe, Dhobi, Dagi, Darain, Darai, Daule, Dhaki,

Toori, Dhanak, Dhuai, Dhogra, Dhangri, Siggi, Doom, Doomma,

Dumme, Mahasha, Gagra, Gandhila, Gandil, Gondola, Hesi, Jogi,

Julaha, Jogi, Panthi, Keer, Kamoh, Karoack, Khatik, Kori, Lohr,

Marija, Megh, Nat, Od ,Pasi, Perna, Phrera, Rehar, Sanhai, Sanhal,

Sansi, Bhedkut,Manesh, Sansoi, Sapela, Sarde, Sarare, Sikligar, Sipi,

Sirkiband, Teli, Thatiar Thathera.

PART VII- KARNATAKA

Adi Andhra, Adi Dravida, Adik Kamataka, Adiya, Ager, Ajita,

Anamuk, Aray Mala, Arunthathiyar, Arwa Mala, Baira, bakad,

Bant,Bijapur, Bakuda, Balagai, bandi, Banjara, Lambani, Bathada,

Beda Jangam ,Bellara, Bhangi, Mehtar, Olgana, Rukhi, Malkana,

Halalkhor, Lalbegi,Balmiki, Korar, Zadmalli, bhambi, Asadaru Asodi,

471
chamadia, Chamar, Chambhar, Chamgar, Haralayya, Harali, Khalpa,

Machigor, Mochigar, Madar, Madig, Mochi, Ranigar, Rohidas, Samgar,

Bhovi, Bindla, Byagara, Chakkiliyan, Chalavadi, Chandala, Chenna

Dasar, Holaya Dasar, Dakkal, Dokkalwar, Dakkaliga, Dhor, Kakkayya,

Don, Dombara, Paidi, Pano , Ellamalwar, Ganti Chores, Godda,

Gosangi, Halleer, Halsar,Handi jogis,Hasla,Holar Jaggali, Jambuvulu,

Kadaiyan, Kaladi, Kepmaris, Koosa, Koracha, Korama, Kotegar,

Kudumban, Kuravan, Lingader, Machala, Madari, Madiga, Mahar

Taral, Dhegu, Dhed, Maila, Mala,Mala Dasari Mala Hannai, Mala

Masti, Mala Sanyasi, Matang, Minimadig, Manne, Maghval, Moger,

Mukri, Mundala, Nadia, Hadi, Nalkdaya, Nayadi, Pale, PaJJan,

Pambada,Panchamma, Panniandi, Paraya, Paravan, Raneyar, Samagara,

Samban, Sapari, Sindhollu, Sudugadu, Siddha, Thoti, Tigar, Tirbanda,

Valluvan.

PART VIII - KERALA

Adi Andhra, Adi Dravida, Adi Karnataka, Ajila, Arunthathiyar,

Ayyanavar, Baira, Bakuda, Bandi, Bathada, Bellare, Bharatar,

Chakkiliyan, Chamar, Muchi, Chandala, Cherunman, Domban, Gavara,

Godagali, Godda, Gosangi, Hasla, Holeya, Kadaiyan, Kakkalan,

Kalladi, Kunakkan, Padanna, Karimpalan, Kavara, Koosa, Kootan,

Koodan, Kudumban, Maila, Mannan, Mavilan, Moger, Mundala,

Nalakeyya, Nayadi, Padannan, Pallan, Palluvan, Pambada, Panan,

Panchama, Paraiyan, Sambayar, Paravan, Pathiyan, Permannan, Pulaya,

472
Vettuvan, Puthirai, Raneyar, Samban, Semman, Thandan, Thoti,

Vallon, Valluvan, Vannan, Velan, Vetan, Vettuvan ,

PART IX- MADHYA PRADESH

Audhelia, Bagri, Bagdi, Bahna, Balahi, Banchada, Barhar, Basod,

Bargunda,Basor, Burud, Bansor,Bonsphor, Basar, Bedia, Beldar,

Sunkar, Bhangi, Mehtat, Balmiki, Lalbegi, Dharkar, Bhanumati,

Chadar, Bairwa, Bhambi, Jatav, Machi, Regar, Ramnami, Satnami,

Ahirwar, Chamar, Raidas, Mangan, Chidar, Chikwa, Chitar, Dahait,

Dahat, Dewar, Dhanuk,Dhed, Dhabi, Dohor, Dom, Dumar, Doris,

Ganda, Gandi, Ghasi, Holiya, Kanjar, Katia, Khatik,

Koli,Kotwal,Khangar, Kanera, Mirdha, Kuchbandhia, Kumhar, Mahar

Mehera, Mang, Madari, Garudi, Mahasi, Meghwal, Moghia, Muskhan,

Nat, Kalbelia, Sapera, Pardhi, Pasi, Rujjhar, Sansi, Sansia, Silawat,

Zamral.

PART X-MAHARASHTRA

Ager, Anamuk, Aray Mala, Arwa Mala, bahna, Bakad, balahi, Basor,

Burud, Bansody, Beda Jangam, Budga, Bedar, Bhambi, Asadaru Asodi,

Chamadia, Chamar, Harali, Khalpa, Machigar, Madar, Madig, Machi,

Telegu Machi, Kamat Machi, Ranigar, Rohidas, Nona, Samgar,

Satinami, Bhangi, Mehtar, Olgana, Rukhi, malkhana, Korar, Zadamalli,

Bindla, Byagara, Chalvadi, Channayya, Dasar, Holeya, Dakkal,

473
Dokkalwar, Dhor, Kakkayya, Dohor, Dom, Dumur, Ellamalvar, Ganda,

Gandi, Garod, Garo, Ghasi, Halleer, Halsar, Holar, Holeya, kaikadi,

Katia, Patharia, Khangar, Kanera, Mirdha, Khatik,Chikwa, Chikvi,

Kolupulvandhu, Kori, Lingader, Madgi, Madiga, Mahar, Tara!, Dhegu,

Megu, Mahyavanshi, Mala, Mala Dasari, Mala Hannai, Mala Jangam

,Mala Masti, Mala Sale, Mala Sanyasi, Mang, Matang, Mang, Madari,

Garudi, Radhe, Manne, Mashti, Meghval, Mukri, Nadia, Hadi, Pasi

,Sansi, Shenva, Ravat, Sindhollu, Trigar, Tirbanda, Turi, .

PART XI -MANIPUR

Dhupi, Dhobi, Lois, Muchi, Ravodas, Namasudra, Patni, Sutradhar,

Yaithibi.

PART XII-MEGHALAYA

Bansphor, Bhuinmali, Britial Bania, Dhupi, Dhobi, Dugla, Dholi, Hira,

Jalkeot, Jhalo, Jhalo-Malo, Kaibartta, Lalbegi, Mahara, Mehtat, Bhangi,

Muchi, Rishi, Namasudra, Patni, Sutradhar.

PART XIII - ORISSA

Adi Andhra, Amant, Audhelis, Badaik, Bagheti, Bajikar, Bari, Bariki,

Basor, Burud, Bauri, Bauti, Bavuri, Bedia, Beldar, Bhata, Bhoi,

Chachati, Chakali, Chamar, Mochi, Chandala, Chandhai Maru, Cherua,

474
Dandasi, Dewar, Dhanwar, Dhoba, Dhobi, Dom, Dombo, Duria,

Dosadha, Ganda, Ghantarghada, Ghantra, Ghogia, Ghusuria, Godagil,

Godari, Godra, Gokha, Gorait, Hadi, Irika, Jaggali, KandraKarua,

Katia, Kela, Khadala, Kodalo, Kori, Kummari, Kurunga, Laban, Laheri,

Madari, Madiga, Mahuria, Mala,Jhala, Mang, Mangan, Mehra, Mahar,

Mehtar, Bhangi, Mewar, Mundapotta, Musahar, Nagarchi, Namasudra,

Paidi, Painda, Pamidi, Pan, Panchama, Panika, Panka, Pantani, Pap,

Pasi, Patial, Patikar, Rajna, Relli, Sabakhia, Samasi, Sanei, Sapari,

Sedhria, sinduria, Siyal, Tamadia, Tamudia, Tania Tiar, Turi, Ujia,

Valmiki,

PART XIV - PUNJAB

Ad Dharmi, Balmiki, Chura, Bhangi, Barar, Batwal, Baoria, Bazigar,

Bhanjara, Chamar, Jatia Chamar, Ramdasi, Raigar, Chanal, Dagi,

Darain, Deha, Dhanak, Dhogri, Dhangri, Siggi, Dumna, Mahasha,

Doom, Gagra,. Gandhila, Gandil, Gondola,. Julaha, Kabirpanthi,

Kori,Koli, Marija, Mazbabi, Megh Nat, Od, Pasi, Perna, Pherera,

Sanhai, Sanhal, Sansi, Bhedkut, Sanso!, Sapela, Sarera, Sikligar,

Sirkiband.

PART XV - RAJASTHAN

Adi Dharmi, Aheri, Badi, Bagri, Bagdi, Bairwa, Bajgar, Balai,

Bansphor, Baori, Vargi, Bedia, Bhand Bhangi, Chura, Mehtar, Olgana,

475
Rukhio, Halalkhor, Malkhana, Lalbegi, Korar, Zadmalli, Bidakia, Bols

Chamar, Bhambi, Jatia, Raigar, Ramdasia, Asadaru, Chamadia,

Chambhar, Chamgar, Haralayya, Harali, Khalpa, Machigar, Madar,

Madig, TeleguMochi, Rohit Samgar, Chandal Dabgar, Dhanak,

Dhankia, Dholi9, Dome, Dhobi, Garancha, Gancha, Garo, Gurda,

Garoda, Gavaria, Godhi, Jingar, Kalbelia, Sapera, Kamad, Kamadia,

Kanjar,Kunjar, Kapadia, Sansi, Khangar, Khatik, Koli, Kooch Band,

Koria, Madari, Bazigar, Mahar, Taral, Dhegumegu, Mahyavanshi,

Dhed, Vankar,Maru, Majhabi, Mang, Matang, Mang Garodi, Megh,

Mehar, Nat, Pasi, Rawal, Salvi, Sansi, Santia, Sarbhangi, Sargara,

Singiwala Thori, Tirgar, Tirbanda, Turi.

PART XVI-TAMIL NADU

Adi Andhra, Adi Dravida, Adi Kamataka, Ajila, Arunthathiyar,

Ayyanavar, Baira, Bakuda, Bandi, Bellara, Chakkiliyan, Chalacadi,

Chamar, Muchi, Chandala, Cheruman, Devendrakulathan, Dom,

Domban, Gadagil, Godda, Gosangi, Holeya, Jaggali, Jambuvulu,

Kadaiyan, Kakkalan, Kalladi, Kannakkan, Padanna, Karimpalan,

Koliyan, Koosa, Kootan, Kudumban, Kurcvan, Madari, Madiga, Maila,

Mala, Mannan,· Mavilan, Moger, Mundala, Nalakeyava, Pagadai,

Pallan, Palluvan, Pambada, Pannadi, Panchama, Pannadi, Panniandi,

Paraiyan, Pulayan, Raneyar .Samagara, Samban, Sapari, Samman,

Thoti, Tiruvalluvar ,Vallon, Vanan,Vathiriyan, Velan, Vetan Vettiyan,

Vettuvan.
476
 PART XVII - TRIPURA

Bagdi, Bhuimali, Bhunar, Chamar, Dandasi, Dehenuar, Dhoba, Dum,

Ghasi, Gour, Gur, Kalia, Kahar, Kalindi, Kan, Kanda, Danugh, Keot,

Khadit, Kharia, Koch, Koir, Kol, Kora, Kotal, Mahisyadis, Mali,

Mehtor, Musahar, Namasudra, Patni, Sabar.

XVII- UTTAR PRADESH

Agariya, Badhik, Badi, Baheliya, Baiga, Baishwar, Banjaniya, Bajgi,

Balahar, Balai, Balmiki, Bangali, Banmanus, Bansphor, Barwar, Basor,

Bawariya, Beldar Beriya Bhantu, Bhuiya, Bhuyiar, Boria, Chamar,

Chero, Dabgar, Dhangar, Dhanuk Dharkar, Dhobi, Dom, Damar,

Damar, Dusadh, Gharma, Ghasiya, Gond,Gual;, Habura, Hari, Hela,

Kalabaz ,Kanjar, Kapariya, Karwal, Khiraha, Khatik, Khorot, Kol,

Kori, Korwa, Lalbegi, Majhwar, Mazhabi, Musahar, Nat, Pankha,

Parahiya, Pasi, Patari, Rawat, Saharya, Sansiya , Shilpkar, Turaiha.

PART XIX-WEST BENGAL

Bagdi, Duley,bahelia, Baiti, Bantar, Bauri, Beldar, Bhogta, Bhuimali,

Bind,Chamar, Charmakar, Machi Rabidas, Chaupal, Dabgar, Damai,

Dhoba, Doai, Dhoba , Dhobi, Doai, Dom Dhangad, Dosadh, Dusadh,

Dharhi, Ghasi, Gonrhi, Halalkhor, Hari, Mehtar, Bhangi, Jalia

Kaibartta, Jhalo Malo, Kadar, Kami Kandra, Kanjar, Kaora Karenga,

477
Kaur, Keot, Khaira, Koch, Konai, Konwar, Kotal Kurariar, Lalbegi,

Lohar, Mahar, mal ,Mallah, Musahar, Namasudra, Nat.,Nuniya,Paliya,

Pan,Sawasi, Pasi, Patni Patni, Pod, Poundra, Rajbanshi, Rajwar, Sarki,

Sunri, Tiyar, Turi.

478
 ANNEXURE-9

SOME RECENT NEWSPAPER REPORTS ON CASES OF

ATROCITIES ON THE GROUND OF UNTOUCHABILITY.

I. A, S.C youth was thrashed as he dared to chew betal leaf in

presence of so-called upper caste men. The incident occurred at

Duni Bus stand in Tonk district of Rajasthan. (Hindustan Times, 4-

11-98.)

2. A police Officer raped the daughter of Scheduled caste man in his

presence and he died with shame ,committing suicide as he could

not bear this inhuman act.( Hindustan Times, 20-12-94)

3. A Legislator committed rape on a Scheduled Caste worker in

Bihar.(India Today ,15-12-94)

4. In Morena jail of Madhya Pradesh, two scheduled Caste persons

were victimised with the connivance of Jail Staff. They were

beaten mercilessly and unnatural offence and sodomy was

committed with them. They were made to lick the s~xual organs of

the co-prisoners. (India Today, 15th August 1994)

5. 10, Dalits were gunned down and several injured in armed attack in

two villages of Gaya District.( Hindustan Times ,25-12-91)

6. 4, Dalits working at brick kiln were beheaded in Indraruk village in

rural Kanpur by the members of upper caste ( Hindustan Times, I 0-

3-93)

479
7. A District Magistrate of Gopal Ganj district of Bihar , who was a

Scheduled Caste was stoned to death by a mob.(Hindustan Times

11-12-94)

8. In Arah district of Bihar an upper caste Landlord raped a Dalit's

wife after accusing him of not paying a loan of Rs I 00/-. The upper

Caste man wanted to show his power on the Dalit woman on the

plea that her husband did not pay Rs 100/- he had taken as loan

(The Telegraph, 10-11-2003)

9. A 55 year old Dalit was abused, thrashed and then shot dead

because he dared to step inside a pandal graced by upper Caste

Landlords. During investigation villagers claimed that Dalits were

not allowed to enter temples in most of Bihar's Northern

districts.(The Telegraph, 8-10-2003)

I 0. A case of stripping a Dalit woman and parading her naked in a

village of Bihar has come to light recently. Four persons of upper

Caste, armed with traditional weapons allegedly beat up Toni Pasi

at Piprahi village of Gopalganj district. They also assaulted Lalti

Devi , wife of Toni Pasi, stripped her naked and paraded her in full

view of the public after the woman resisted them.( The Telegraph,

25th August, 2003)

11. Mrs Uma Arsay, a Dalit was restricted from discharging her duties

as Hoshangabad Zila Parishad Chair person for the last one and

half year by some Upper Caste vested interests. The accused did

not permit her to attend office and convene meetings of district

officials. (The Telegraph, 1ih August, 2003)

480
12. Upper caste people of Borisana village in Gujrat still do not accept

cup of tea at the house of retired l.A.S officer.(The Telegraph,

2004)

13. Dalit I.P.S officer still a 'pariah' in native village. He still cannot buy a

house in the locality inhabited by higher castes of village. He continues to

have a house in the "Dalit Vaas" of Kadagra. (The Telegraph, 2004)

14. In Bihar, in 28 major massacres which had been committed since the year

1977, 487 S.Cs were killed.(Hindustan Times, 12-2-99)

15. Ashok Giri, in-charge of the police outpost at Kalubothan (Dhanbad)

forced a village guard to urinate inside a Harijan's mouth. The Harijan's crime

was that he occupied the chair in front of Giri. However the officer was

suspended after the local residents led by local party activists demanded his

arrest. (The Statesmen, July 22, 1995).

481
 ANNEXURE-10

STATISTICS OF ATROCITIES ON THE GROUND OF

UNTOUCHABILITY ON DALITS. (Source: Annual report of the

Social Justice and Social Empowerment ministry)

1. 1973-1978 ------------------ 62,295 cases of Atrocities were recorded

against the so-called untouchables.

2. 1977-78 ------------------- 12, 746 cases of Atrocities were registered

involving 354 killings and 306 rapes.

3. 1981-1986 ------------------- 1, 15,055 cases of Atrocities were

registered

4. 1989-----------------------14,269 cases of atrocities have been

registered.

5. 1990-----------------------21,245 cases of Atrocities were recorded.

6. 1991----------------------22,424 cases of Atrocities were recorded.

7. 1992----------------------22,049 cases of Atrocities were recorded.

8. 1998----------------------27,5671 cases of Atrocities were registered.

9. 2000----------------------30,315 cases of Atrocities were registered.

10~ 2001---------------------30,022 cases of Atrocities were registered.

11. 2002----------------------27 ,894 cases of atrocities were registered.

482
STATE-WISE NUMBER OF ATROCITIES REPORTED IN THE

YEAR 1992 (source: Reports submitted by State Governments to

the Ministry of Welfare)

1. Andhra Pradesh 847

2. Bihar 931

3. Goa 03

4. Gujrat 1,864

5. Haryana 86

6. Himachal Pradesh 39

7. Jammu Kashmir 25

8. Kamataka 747

9. Kerala 860

10. Madhya Pradesh 6,528

11. Maharastra 1,082

12. Manipur 01

13. Orissa 512

14. Punjab 18

15. Rajasthan 2,840

16. Sikkim 41

17. Tamil Nadu 677

18. Uttar Pradesh 4,891

19. West Bengal 29

20. Chandigarh 20

21. Delhi 02

483
 22. Pondichery 01

STATE WISE NUMBER OF ATROCITIES REPORTED IN THE

YEAR 2002. ( source: Reports of State Governments )

1. Andhra Pradesh ---------------------- 882

2. Bihar ---------------------- 1,200

3. Gujrat ----------------------- 1,980

4. Haryana ------------------------ 92

5. Karnataka ------------------------ 860

6. Madhya Pradesh ----------------------- 7,280

7. Maharastra ------------------------ 1,490

8 Orissa ------------------------ 720

9. Rajasthan ------------------------- 3,790

10. Tamil Nadu ------------------------- 940

11. Uttar Pradesh ------------------------- 5860

12. West Bengal ------------------------- 42

13. Chandigarh ---------------------- 38

14. Punjab ---------------------- 32

15. Himachal Pradesh ---------------------- 78

484
 ANNEXURE - 11

TABLES

TABLE-I
Serial Agencies Programme Important Items
no. Activities

1 All India Radio Arranging talks -

discussions, songs etc.

2 Press Information Releasing Press Notes, Eradication of

Bureau Statements by Untouchability 1973-74
Ministers/Leaders etc.
Scholarship for SC
(1974-75)

News of Backward
Class Ministers
Conference (1974-75)

3 Publication Publication of Books , All are equal in the

Division Leaflets , Pamphlets eyes of God
etc.
Welfare of Backward
Classes Harijan today

Fair Deal for Backward

Classes

A National
Penitance:Removal of
Untouchability(l 976)

Article in 'Yojana' and

'Kurukshetra'

4 Directorate of Projection of the Films: Children of God

Field Publicity Policy through film
shows , songs, Victims of Traditions
programmes
Documentary: Ancient
curse, Chandralika,
Sree Narayan Guru,
485
 Mahatma Gandhi , Dr
B. R . Ambedkar,
Kabir, Nanak

Mahatma Gandhi and

Seminars upliftment of the down
-trodden, Social justice
and Human love.

5 Song and Drama - -

Division

6 Films Division Production of films Children of God

Victims of Tradition

Documentary Films Mahatma Gandhi

Dr B.R .Ambedkar
Nanak, The Harijans

Indian News reel Untouchability--A

Crime against
humanity

7 Doordarshan Songs Drama, Feature, Provision of the

Kendra Films Symposiums Protection of Civil
etc. Rights Act
Total Programmes 65

Theme of eradication
of untouchability .
Total 48 Programmes
(1980)

486
 TABLE-II

Serial Year Total More or less than previous More or less

No. number Year than the
of cases average
registered

1 1955 180 ----- - 796

2 1956 693 + 513 - 283
3 1957 491 -202 - 485
4 1958 559 +68 - 357
5 1959 481 - 78 -495
6 1960 275 -206 - 701
7 1961 489 +214 - 487
8 1962 389 - 100 - 587
9 1963 393 +04 -583
10 1964 371 -22 - 605
11 1965 366 - 05 - 610
12 1966 488 + 122 - 488
13 1967 353 - 135 - 623
14 1968 214 - 139 - 762
15 1969 329 + 115 - 647
16 1970 364 +35 -612
17 1971 526 + 162 - 450
18 1972 1515 +989 +539
19 1973 2456 +941 +1480
20 1974 1908 - 548 +932
21 1975 3528 + 1620 +2552
22 1976 5108 + 145 +4132

Total- 21476, Average cases per year- 976

487
 TABLE-III

Serial Year Total Number of More or less More or less than

No. cases registered than average
previous year

1 1977 3425 --- - 831

2 1978 4729 + 1304 + 473
3 1979 4911 + 182 + 655
4 1980 4303 - 608 +47
5 1981 4085 -218 - 171
6 1982 4087 +02 - 169

Total - 25540 Average -- 4256

Source -- RCSCST

TABLE-III A
State-Wise Break Up Of Offences From 1980 To 1982

States 1980 1981 1982 Total

Andhra Pradesh 168 238 263 669
Bihar 17 17 28 62
Gujarat 408 281 347 1036
Kerala 29 38 29 96
Madhya Pradesh 247 237 337 821
Maharastra 1576 998 769 3343
Rajasthan 124 173 186 483
Tamil Nadu 858 1136 1105 3099
Uttar Pradesh 191 224 186 601
West Bengal 01 - - -

488
 TABLE-IV

Sr. State/Union Drinking Temples Shops/ Insult Others Total

No. Territory water Hotels &
sources beating

1 Andhra Pradesh 24 2 18 62 38 144

2 Bihar 09 2 - 02 23 36
3 Gujarat 59 14 109 206 118 506
4 Karnataka 37 17 157 271 68 550
5 Kerala - 1 - 42 3 46
Madhya
6 85 29 63 93 37 307
Pradesh
7 Uttar Pradesh 41 04 34 138 34 251

8 Delhi (U.T) - 1 - 7 2 10

Total 1979 255 70 381 821 323 1860

Percentage
13.70 3.76 20.48 44.13 17.36 100
1979
Percentage
1953
13.8 6.1 64.1 - 16.0 100

Source: RCSCST

489
 TABLEV
J

SI. No. Case No. Delay in days

1 4/78 166

2 6/78 2

3 14/78 8

4 42/78 21
~
5 49/78 7

6 63/79 34

7 64/79 68

8 78/79 2
9 90/79 16

10 95179 80
11 110/79 47
12 119/79 130

13 120/79 1
14 132/79 30
15 137/79 45

16 139/79 7

17 149/79 77
18 153/79 36

19 161/79 0

490
 TABLE-VI

Disposal Of Cases Under PCRA From 1955 To 1982

Sr.No Year Challaned Convicted Acquitted Compounded Pending

1 1955 180 80 12 12 76
2 1956 599 149 106 156 188
3
4
1957
1958
.414
482
87
56
34
43
86
65
207
318
5 1959 401 105 70 82 144
6 1960 240 57 39 74 90
7 1961 438 107 141 138 52
8 1962 338 77 91 81 89
9 1963 314 77 47 80 110
10 1964 336 157 53 50 76
11 1965 321 136 52 46 87
12 1966 447 199 89 85 76
13 1967 313 136 56 56 85
14 1968 184 35 39 53 84
15 1969 272 48 25 71 128
16 1970 291 50 59 107 75
17 1971 439 91 96 138 114
18 1972 1416 631 253 233 299
19 1973 2356 1207 312 388 449
20 1974 1588 669 247 288 384
21 1975 2588 936 480 611 561
22 1976 4427 925 867 341 2564
23 1977 2920 551 1463 - 3179
24 1978 3751 490 2002 - 5212
25 1979 3444 613 2062 - 5572
26 1980 3550 1267 2866 - 4996
27 1981 2865 441 2085 - 5334
28 . 1982 2665 199 1633 - 5380

491
 TABLE-VII
Sr. No. Causes of acquittal No. of cases Total Percentage
having common number of
ground cases

Contradiction in
1 3 8 34.5
evidence

Enmity and
2 5 8 62.5
instigation

3 Interested witness 2 8 25.0

.
Delay in lodging
4 .2 8 25.0
complaint

5 Caste name-no insult 3 8 34.5

-
Complaint does not
6 4 8 50.0
describe offence

7 Being Boudha 4 8 50.0

8 Benefit of doubt 3 8 34.5

No retaliation from
9 1 8 12.5
complaint

Mere abuse, no
10 2 8 25.0
offence.

492
 TABLE-VIII

DISPOSAL OF S01\1E IMPORTANT CASES ON UNTOUCHABILITY

BY VARIOUS IDGH COURTS

Parties Offence PCRA/ Decision of Decision Decision of

IPC the Lower of the the High
Court Sessions Court
Court
State of Refusal to PCRA Convicted Acquitted Acquitted
Madhya enter Jain one month
Pradesh Temple +Rs50
Vs
Puranchand

Devarajiah Refusal to PCRA Acquitted - Acquitted

Vs enter Jain and
Padmanna Temple IPC

State of Refusal to PCRA ConVicted Acquitted Acquitted

Kerala enter Rs 100
Vs 'Nalambalam'
Venkatesh- of the Temple
waraPrabhu

Benudhar Disability to PCRA Convicted - Acquitted

Sahu draw water Rs25
Vs State of
Orissa

Kandra Sethi Prevented to PCRA Acquitted - Acquitted

Vs participate in
Metra Sahu KMan

Beharilal Obstruction to PCRA Convicted Convicted Convicted

Vs take water Rs20 Rs20 Rs 10
State of from a water
U.ttar tap
Pradesh

Bishashwar Disability to PCRA Convicted Convicted Convicted

Prasad draw water Rs50
Vs
State of Uttar
Pradesh

Souriyar Suit for PCRA Custom Custom Custom

Vs exclusive use unreason- unreason- unreason-
N. of burial able able able
Shanmugham grmmd
Pillai

493
Patel Lilabhai Insult PCRA - - Convicted
Vs
State of
Gujrat

K. Mangala Insult by Caste PCRA Convicted Acquitted -

Kelkar name 3 months
Vs Imprison-
State of ment and
Maharashtra fine Rs 100

State of Insult PCRA Acquitted - Acquitted

Maharashtra
Vs
Raghunath
Torse

State of Separate PCRA Acquitted - Acquitted

Maharshtra Utensils in the
Vs Hostel
Allabax
Kasimsab

Laxman Insult PCRA Convicted Convicted Acquitted

J.Shant One Month
Vs Imprisonm
State of ent and fine
Maharashtra Rs 100

Pandurang Insult PCRA Convicted Convicted Acquitted

Chaudhari andIPC One Month
Vs Imprison-
State of mentand
Maharashtra fine Rs 100

Shantabai Insult PCRA Convicted Convicted Acquitted

Vs and One month
State of IPC Imprison-
Maharashtra mentand
fine Rs.
100

494
 CASTE
I

ENDOGAMY NO INTERDINING
I I
RJ(iJDITY OF CASTE SYSTEM . PERPETUATION OF
CASTE SYSTEM

- - - - - - - - - - - C A S T E DISABlUTlES
I
-----------...J
I . . . ·-...,.
NO TEMPLE - - _·NO . EX SOCIAL CASTE NO NO
ENTRY EDUCATION COMMUNICATION BOYCOTT HATRED WATER PROPERTY
NO TWICE BORi\' · · .
CEREMONY ··- • - - - In- ---~~-L-- -- . - 1I 11 I I
(UPNAYANA) ~--:··--· __ -__ I I

;j:>. -
\Cl RELIGIOUS ILLITERACY· UNTOUCHABILITY CULTURAL POVERTY
l..h
BACKWARDNESS BACKWARDNESS
l
ECONOMIC
·DEPENDENCE
IGNOlM~CE. SOCIAL BACKWARDNESS - .< · )' ·'

------- ECONOMIC BACKWARDNESS

·1-·-
·· ··

. =--~"- -- -
l.~OlJC.ATlQt-LAl-)38.£K-W~.Rp~~ss~- ·--
. -. --- ATROCITY
DIAGRAM NO. I
- - . I