POA Act: Cow Vigilantism against Scheduled Caste and Scheduled Tribes

Dalits (also known as Scheduled Castes) and Tribals (also known as Scheduled Tribes) are the most oppressed groups in Indian society. The Act came into force on January 26, 2016, and it is a modification to the Principal Act, which is called the SC and the ST POA Act, 1989.

SC/ST has been the target of many atrocities, one of which is cow vigilantism.

Atrocities Committed Against Members of the SC/ST Communities

Because of the complex nature of the violence against SC/ST, it is difficult to disentangle atrocities committed against SC/ST from issues relating to law and order. As a result, the case is lodged under IPC or CrPC in most situations rather than POA.

Social: Societal issues such as honour killings, social boycotts, and different forms of discrimination.

Constitutional: Articles 14, 17, and 47 of the Constitution are violated when provisions are drafted to the text but not in purpose.

Economical: Reservations are similar to hierarchies in that those granted opportunities do not allow others to ascend the ladder of success (intra-caste tensions).

Legal: Hostility among the victims and a lack of prompt justice due to legal issues.

The Various Forms of Atrocities Against Scheduled Castes and Scheduled Tribes

Cow Vigilantism

• The lawlessness that is taking place in the name of cow protection is referred to as cow vigilantism.
• The victims of this cow vigilantism include people of the Dalit caste and Muslims.
• Because many Dalits make their living producing leather goods from cowhide, vigilantes almost always focus on this group.

Honour Killing

• In a culture like India, where caste systems are still prominent, assassinations committed in the name of honour are common and take place on a large scale.
• When there are intercaste marriages, Dalits are targeted to be the victims of honour killing.

Social Boycott

• The Khap panchayat, also known as the caste panchayat, is often used as a venue for continuing atrocities committed against Dalits by excluding them from society.
• Not only is the social boycott of Dalits still prevalent in rural regions, but it is also often claimed to take place in suburban areas.
• Traditional, uncontrolled institutions such as Chowdary adalats deteriorate the situation by issuing discriminating rulings against Dalits.

Conflicts Between Different Castes

• They could translate their numerical dominance into political influence, allowing them to remove higher castes in rural India and establish themselves as the dominant caste.
• They benefited from the post-Indian rural development paradigm, including land reforms, the green revolution, and other initiatives.
• On the other hand, the development paradigm implemented after independence did not result in Dalits gaining access to higher-level jobs.
• OBCs took over the role of traditional upper castes as the group most responsible for the oppression of Dalits.
• The leaders of the Dalit community itself gave identity politics its first public voice.
• The lives of Dalits have significantly improved due to urbanisation and other possibilities, followed by reforms in 1990.
• In response to this revival, violent fights broke out between members of higher castes/OBCs and Dalits.

Discrimination in Universities

• Dalits were not permitted to attend schools or universities to study.
• In schools, they were subjected to less than ideal treatment.

Role of Ambedkar in Supporting SC/ST People

Ambedkar had become aware of the injustices against Dalits in the form of social exclusion. He realised that prejudice occurred along various axes, such as boycotting, stigmatising, and segregating, and he tried to battle it out using all of these axes. He advocated legislation that would prohibit boycotting.

The Supreme Court only recently ruled that some parts of the SC/ST Prevention of Atrocities Act violated the constitution. However, this doesn’t water down the Prevention of Atrocities Act of 1989.

• Any provision that would result in the rejection of any bail or anticipatory bail would violate the principles of natural justice.
• The Court has recently implemented checks and balances to initiate an investigation into the accused.
• According to the NCRB, 90% of the cases were fictitious. 

Caste discrimination and regular acts of violence are difficult to differentiate due to the close connection between the two offences defined in the Indian Penal Code and the Criminal Procedure Code.

Conclusion 

Enforcing stringent laws is not enough to stop the atrocities committed like cow vigilantism, honour killing and social boycott against Dalits. The rules passed need to be supported by effective execution. Establishing ST/SC grievance cells at the panchayat level and in all public institutions and establishing fast-track courts to prosecute crimes committed against SC/STs would give the grievance redressal process some bite. The Supreme Court has decided to continue to support the “presumption of innocence,” which is commendable. However, the rising insecurity among these sections can be mitigated by promising more severe punishments and unbiased investigations into cases.